Morning Folks,
So I pose the question: Is SaveMe.com Action a Premeditated hit on Rick Schwartz and Domaining itself? Why would I ask that? Well first you would have to get into the shoes and the heads of the Brazilian brothers. Let's do that.
So it is 2010 and they register SaveMe.com.br. Did they happen to see that the .com version was taken at that time? What was that conversation?
or
In 2011 when they launched did they know that SaveMe.com was a parked page? What was that conversation?
or
It's August 2011 and they make their first offer. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?
or
It's August 2011 and they make their second offer. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?
or
On September 14th they made their final offer to 'Settle' something I did not know at the time even had to be settled. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?
and
Were there conversations with any other parties or other attorneys that are ORGANIZING an effort to take domains away that were targeted for various reasons?
and
Were there conversations about the traffic levels of SaveMe.com that seem to DWARF that of the SaveMe.com.br. Yes I said dwarf them. Since Alexa nor Compete can measure direct navigation traffic I have reason to believe that we get more traffic then them and this may be more that a grab at a domain but even deeper. Targeting the valuable traffic which is the oil the domain pumps. Did they have a conversation about that traffic since they point to Alexa? What they fail to mention is when you do a search of 'Save Me' SaveMe.com.br comes up #1. However SaveMe.com does not show any results at all as of this writing 10 pages deep and maybe more. There is a reason for that. The domain has never been submitted to Google for any SEO and all traffic is by direct navigation.
plus
What do they teach at WIPO Academy and what would happen to somebody that were to abuse, manipulate or commit a fraud?
I have talked about what would happen when the world were to understand the true value of our assets since the 1990's. It was 100% predictable because human nature takes some down a dark path. They can't resist the shortcut instead of a good old fashioned work ethic. Just look to history.
now
I made my point and used these chumps as a warning to the next company that pulls this on me or anyone. If they or anyone else want to risk their own clients and customers finding out about their practices, now or anytime in the future, then so be it. THEY take on the risk. They take on the FULL risk. This is my disclaimer so they know what to expect. If THEY act in Bad Faith I will make sure it circulates. If somebody has a legitimate claim that is a different matter. But heaven help them, because it better be legitimate from this day forward.
More to come boys. This is just the start of the offense and will continue until the 2 of you get out of my life. Until then, enjoy my branding creativity!
Rick Schwartz
Michal
Rick, even though they will not the get the result they wanted they seem to have done a great job stressing you out. Try not to take business personally as there’s so much more to your life than thinking too much about these idiots. :) Make sure YOU have a great day!
SarahW
Man you really got something to occupy yourself with. Must be busy days being a domainer…
At least put some effort into the formatting. Post above looks like something produced by a 5 year old
www.tl
I can’t see how it would be a pre-meditated ‘hit’ against you, or ‘domaining’ for that matter. To be honest, saveme.com is a name you’d normally be lucky to sell for $500.
If, however, you’re publishing all this info, indirectly on your blog, in the hope that he might read it and then back down then that’s fine and I hope it works out for you.
:-)
mike
These Brazilians have been trying to get one of my dot com names since 2005. After being nice to them in the beginning, I now just tell them to go F themselves when they hound me.
Coder
Rick,
These things have been going on for a while. It just first time it hits home, that’s all.
Mark Jeftovic
Rick, check your linkedin messages.
Madmax
What a bunch of lame and clueless comments ! Why did I read them ?
RJ
Rick, kudos..when you Google their names, your blog comes up first in Google. Keep telling the truth. Thanks from the little people who get pushed around all to often. They”thought” they were pushing around a little guy but boy where they wrong!
John
Agree MadMax. Sounds like jealous people or people with a motive.
Who gives a crap about formatting in an era off blogs, texting, and other shortened messages, Sarah?
I have no doubt there has been some collusion and fraud over the years and it was just a matter of time before it made it’s way to Brazil.
Texas trademark lawyers have been colluding of years against generic domain owners. Only after a few setbacks did they take a couple steps back to step out of the spotlight. They too, were afraid of ruining their reputations like Rick is doing to these Brazilians.
Those Texas trademark lawyers wanted to take the”shortcut” also because where else can you steal a million dollar asset as easily as a domain name? It only costs a couple grand to try. It’s like playing in Vegas. They think it’s fun.
So here comes Brazil. Who’s next? It’s going to happen all over the world as people scramble to steal all the eyeballs they can before the low-hanging fruit is gone.
Rick Schwartz
The earliest writings I ever did on the internet was about character and reputation and that the Internet was blind to color, religion, nationality, disability and all the rest. The only thing you could be judged on was the content of your words, deeds and actions.
I can handle the blow back from this drama. I can explain making a lot of noise in the middle of the night to draw attention to this practice. Can they? Can they handle the light of day and the HEAT that comes with it? Can the next CHUMP? The next COMPANY that will be ripped a new asshole if they were to try a similar tactic? I don’t bother anybody, I don’t expect anybody to bother me.
I have learned the following:
Twitter account changed from @MarcioMChaves to @mrciomchvs then removes his Twitter avatar and changes his name (on Twitter).
Then he hides his LinkedIn profile and Facebook profile.
To top it off, he takes his http://www.marciosoft.adv.br/ site down.
He can run and look like a coward, but he can never hide. He has EARNED his reputation and I am only more than willing to help him let the world know.
Guy
Rick, everything you said is on the money, as per usual
I admire your directness and honesty. The TRUTH of the matter is WIPO should have a system to screen complaints first off. The complaiant should pay the fee, if it’s blatantly reverse hijacking or they fail to even complete the forms or even sign! it gets kicked out, never to return. As would happen with ANY court case.
If there is any grey areas then it goes to the ‘experts’. or so called
bottom line, you win. you already won as it’s a 16 year old generic domain, dictionary phrase. in which people offered you cash to consider selling, when they thought you wanted too high, they decided to try and fraud you via wipo
however there is hope at wipo
they were brave enough to label Queen Elizabeth of England a reverse domain hijacker for trying to steal ‘newzealand.com’ . LOL
so there is some competent, honest people at wipo
as ever, props to the Rickmeister
(ps. clearly some trolls above in the comments, no doubt from Brasil)
Tommy White
The best part of this unfolding is to simply google”SaveMe.com” :)
SF
The whole system of”taking domains away” needs to be changed.
The organizations involved should simply be dissolved and domain trademark infringement should be handled courts (or at least by using Legal Standards).
In order to stop the frivolous complaints, there should be very strict legal definitions and standards about what/when/where/how constitutes an infringement.
Only then, should an action even be accepted into the system.
And, if the domain owner is”cleared”, the complainant should pay All legal fees as well as Substantial Fines and/or Penalties.
Bob
How about you sell bobblehead merchandise of Marcio at the next TRAFFIC conference.. Hello I am a domain hijacker
www.tl
I would hazard a guess that it’s because you’re not terribly successful and have a lot of time on your hands…
grasshopper
Rick,
thanks for sharing your knowledge and experience.
You are a trailblazing warrior. The critics, while mumbling, continue to follow, in your trail.
Basketball One
Hi Rick,
There is an old saying, Illegitimi non carborundum = Don’t let the bastards grind you down.
There will always be people who want what you have, stuff that you’ve worked for and things that you earned. Know why? They don’t want to work for it. They don’t want to stay up til 4am registering and buying generic domains like you have. They don’t want to risk any money on seemingly-crazy investments like you did.
They don’t want to be mocked as you, an early domaining pioneer, surely were.
And why should they? Much easier to just pay a measly $4K, wrongfully accuse you of being an evil pornographer and try to steal what you have worked so hard to achieve by simply confusing 3 ICANN arbitrators.
Here is a cartoon that nicely sums it up…
http://subliminalmessages.com/00049_candy.htm
Keep up the good work.
steve
Hang in there Márcio Mello Chaves. Millions have already been raised for you defense by T.U.R.D. and we plan to raise millions more for you. We can not allow Rick to run over those who desire to hastle and seize domains from poor naive domainers.
John UK
Rick ,I have a lot of experience of Court actions ,especially in Europe (I am not a lawyer more a well versed litigant) , and I would say that WIPO could be (I say”could be” because this is off the cuff comment) suspectible to a challenge under Article 6.1 of the Human Rights Act,namely that they ,are not and do not have the appearance of being, independent and impartial. If anyone would like to fund a challenge then would be happy to be involved.
James
@SF -“And, if the domain owner is”cleared”, the complainant should pay All legal fees”
Spot on! Can’t understand why this isn’t the case already.
domain guy
how about since these guys operate in brazil they only wanted the br suffix.the country code suffix? just like the australia suffix?
after time passed they saw a chance to use their legal knowledge to gain further access? I had a lawyer make up charges and do that to me..I responded and ripped their mark off the principal register…that was the penalty for being an idiot.
You have attacked their reputation and it seems to be working..however
you must control youself…visionaries are erratic…have howard file answer and wrap this up…and move on to new pastures…and retain your moniker.. as classy…
Joe Ray
I don’t understand way this is going to WIPO, I thought you needed a trademark to file a complaint. Have they changed the rules?
Josh
@Joe, no you just need the filing fee and to claim you have a trademark. Get the right panelist and you have a free domain. The logic used in arbitration decisions is contradictory and an absolute joke. The conflicts of interests run deep–lawyers working for firms who have work connections with … and they have an interest in …It’s why real judges can’t practice law, yet panelists can and do. Then you have the core issue.
Trademark lawyers who generally protect and enforce trademarks for their clients decide arbitration cases. Do they have an incentive to strengthen trademark claims or weaken them?
There’s something wrong with a system that produces wildly inconsistent logic and results. I’ve had more than one domain attorney disagree with me on this but, how do those domain attorneys make their living? Responding to arbitration cases, of course. :) Everyone has an interest.
Brad
They likely would have seen the past sales figures you have achieved, and purely made a financial decision to try litigation and settlement rather than purchase negotiations. I highly doubt there is anything against yourself or domaining behind it, just wanting the domain.
chris
@ Rick:
Here is a recent URDP case you can quote in several regards if you have to submit a response to the complaint (i.e. if WIPO is stupid enough to actually go forward with it):
http://www.udrpsearch.com/wipo/d2011-1616
In this particular case the complainant actually had a TM PRIOR to the domain registration by the defendant, the defendant used it for parking and”for sale” purposes, but the complainant still lost the case.
Lots of good arguments in this one.
Good Luck, Man!
www.tl
Messages of support, for SaveMe.com.br, can be sent here:
http://www.saveme.com.br/fale-conosco
BB
Marcio bobblehead merchandise bobblehead.com! Come on guys suggest it
ABC
Given the nature of the claim, I think that the Complainant should also be considering criminal proceedings (in addition to the WIPO).
AustraliaHouses
SF is correct.
So how do we actually achieve this change?
Is there a petition we can start? Where to send it? Who to send it to? Some authority we can en-masse email? Can someone come up with a succint legal jargon type letter we can all send? Anyone got any idea how we as Domainers can stand up and shout?