Morning Folks!!
The Saveme.com Response. Short, Sweet, Masterful!
Morning Folks!!
On Tuesday I published our response that we submitted to WIPO and our 'Friends' in Brazil. Today I am making that link public. Interestingly enough, just this morning I heard of another domain win with the complaintant also being from Brazil when Mike Berkens sent me this link. I think we need to be alert to see if we hear of more of these cases coming from Brazil or any specific country for that matter.
Here is the link to our response for all to see. Howard did a masterful job of why these people should be found guilty of Reverse Domain Hijacking and we await a favorable decision that hopefully will call this as we have described.
http://www.erealestate.com/saveme.htm
I will have a LOT to say after the decision whichever way it goes. The decision is just the beginning of the Saveme.com episode and what is to come. I have a mission!
And while a ruling on Reverse Domain Hijacking is rare, Howard and I have never found a single ruling with more elements present in one single case. Usually there is one element of 'Bad Faith' in such a ruling. Here we have several.
You can be sure when the ruling comes down, you will be the first to know!
Rick Schwartz
RicksBlog.com 5 Years Old TODAY!!
Morning Folks!
Wow, I just noticed that exactly 5 years ago today Ricksblog.com had a 'Grand Opening'.
To be honest, it was something I really did not want to do at first because I had been blogging before there were blogs for over 10 years at that time in 2007. But I did want to get my thoughts out there for more to see and have it circulate so decided to try and memorialize 10 years of thoughts on this blog. I am pretty satisfied with it and every once in a while I got the opportunity to link back to some of those original posts complete with timestamps.
'On the record for the record.' That is my slogan. My blog is part personal diary just like my old board was my 'Living Room' to me.
So I accomplished another mission and feel good about whatever is here. The good, bad and ugly. But it is all 'On the record for the record.'
Have a GREAT Day!
Rick Schwartz
Don’t Wander off the Yellow Brick Road of Progress. First Things First.
Morning Folks!!
Here is a copy of my Circa 1999 eRealEstate.com Site. Notice the theme. In 2 places I go out of my way to say we DON'T sell our domains. I do to this day. It is not what I am about. But when somebody comes along with an offer that is bigger than my idea, then I will listen.
I even had a logo page from that time. The Saveme.com logo is not on it. But I have one of a man carrying a cross. These logo's were done in 1997-1999 by a guy named 'Ken' in New Mexico. Maybe not the most sophisticated logos but this was 15 years ago.
Online Property Rights Threatened As Government Body Agrees To Hear Saveme.com Complaint
Morning Folks!!
This Press Release will be coming out on Monday Morning. Here is a sneak peak to start the circulation a bit early. My thanks to Danny Pryor and Howard Neu for helping to compose this. If you would like to possibly be quoted in this release, please use your full name for verification.
Rick Schwartz
BOCA RATON, Fla., April 9, 2012 - - eRealEstate.com Claims Online Property Rights Threatened As Government Body Agrees To Hear Saveme.com Complaint
Are United States citizens and companies that use the famous dot-com extension, as most U.S.-based companies do, now a target of foreign companies that want your valuable domain or your business? That question, according to Rick Schwartz of eRealEstate.com of Boca Raton, Florida who owns Saveme.com, sets the tone of a pending cyberwar at the World Intellectual Property Organization. Other online investors such as Paul J. Kapchuck, agree that the stakes are high as a showdown looms.
A pair of Brazilian companies (Online Services, Ltd. and E-Commerce Media Group Information and Technology, Ltd.) owns the domain saveme.com.br (the .com.br extension is reserved specifically for Brazil) that they registered in 2010 and started using in 2011. On March 13th, these companies filed a complaint with World Intellectual Property Organization (WIPO), against Schwartz. Schwartz asserts that the pair is hoping to grab the very valuable dotcom version of that domain. SaveMe.com was registered by Schwartz in 1996 and SaveMe.com.br wasn't registered until 2010.
Both Schwartz and Website Developer Danny Pryor, as well as established trademark attorney Howard Neu, agree the present case is an effort to use Internet administrative procedure to seize a generic domain name that was registered 15 years before the Brazilian companies were ever in business. The Brazilian companies even noted in their complaint that they had not even secured a trademark, blaming the Brazilian Government for dragging its feet. The companies state, in their complaint, no trademark can be granted because of 'Brazil Trademark Office's enormous backlog in analyzing trademark applications.'
While WIPO rejected the original complaint last month, citing “deficient” arguments, an updated version of the complaint was re-filed on March 24, after WIPO sent the case back to the filers for modifications. Among the deficiencies observed by WIPO, the most notable was that the original complaint had not fully explained how bad faith allegations applied in this case.
WIPO comments to the complaining parties is viewed as a slant in favor of the complainant, by at least one attorney's account. Paul Keating, a world-renowned Internet Attorney, specifically observed on this guest blog post that WIPO provided the complainant in the saveme.com UDRP case, 'a second bite at the apple, because they are being advised to review and correct substantive issues pertaining to their burden of proof.'
WIPO, on the other hand, will not provide Mr. Schwartz with a second bite of the apple if he fails in his efforts to defend his domain of 16 years, Neu observed, calling the arbitration setting an uneven playing field. 'Schwartz will be forced to file a new action in U.S. Federal Court for relief,' Neu said. Howard Neu represents Schwartz in the WIPO case and has been his attorney since 1999.
'This is a perfect example of 'Reverse Domain Hijacking',' Schwartz said, 'A party, with no rights whatsoever, tries to bully folks into giving up their domain name, and the domain name owner in many cases can’t afford to defend his property. That defense often costs many thousands of dollars. The Brazilian Complainants must show that in 1996, I registered the name in 'Bad Faith' and somehow knew a company half a world away would use that name 16 years later.'
Schwartz added, 'We are determined to let folks who may own valuable dot-com real estate know what is to come, as a bad decision here could have a huge impact on online business. In fact, it could make U.S. businesses much more vulnerable, because we rely on dot-com for our online presence and commerce, as opposed to other extensions or country codes.'
The Brazilian companies have asked WIPO for a three-member arbitration panel, composed entirely of Brazilian nationals. There is no date currently set for the arbitration hearing.
About eRealestate.com: eRealEstate.com has been buying and developing electronic real estate since 1995. eRealEstate.com is the net's first site devoted to domains and their development.
Is SaveMe.com Action a Premeditated Hit on Rick Schwartz, and Domaining Itself?
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
Márcio Mello Chaves Resorts to FABRICATIONS to TRY and Make His NEW CASE!
Morning Folks!!
So our 'Friend' Márcio Mello Chaves has resorted to FABRICATIONS this time to TRY and support his argument since anything else would be impossible to prove unless he was Houdini and could rewrite history. One by one Howard will uncover each fabrication and completely discredit this ASSHOLE for the entire world to see and then we are going to make this a Federal Case!! I now have plans to publicize this in Brazil to bring added pressure to this clown and show what type company these CHUMPS run. Any damage done will be by their DEEDS and ACTIONS as well as their own words. Let's see how the average Brazilian thinks about what they are doing and attempting to take something that is not theirs and they have no rights to whatsoever.
The new Filings:
http://www.erealestate.com/savemewipo2.pdf
'Respondent (that's me) has engaged in several reprievable actions after being notified of this Complaint by posting and uploading unlawful (including unauthorized use of pictures), harmful, threatening, abusive, harassing, defamatory, slanderous, vulgar, obscene, libelous, invasive comments about the Complainants' and Complainants ́ Representative, serving only to demonstrate his bad faith and total disrespect towards the Parties, this procedure and the Arbitration Center itself.' (I think he forgot to add 3 kitchen sinks)
I promised this in my First Post: 'I will do everything legally and openly, but tastefully is not a promise. I am going to stick it up your asses in the most unpleasant and disgusting way I know how in front of the world. I will always be factual. But I don't always have good taste or play by any other rules other than by what is legal. If you folks get embarrassed, so be it.'
So from the above, I think just like your suit, you are going way too far. Vulgar? Maybe. The rest, is as bogus as you trying to explain how in 1996 I registered the domain saveme.com in bad faith and how I knew in 2011 you would open a website in Brazil???
Marcio, you are right. I have NO RESPECT for YOU and your BROTHER and I have articulated EXACTLY why in no uncertain terms. Since you are reading the blog, Please let me know anything that is not 100% factual. I even wrote to you to lmk if something is not 100% factual. As far as the name calling and my bad taste. You are STUCK with it. 12 lawyers have examined and not one has suggested that I remove a single word. Ricksblog.com is certainly no secret.
The United States has this thing called FREE SPEECH. We have laws that protect us from theft or even attempted theft. From injustice no matter what form it comes in. We get judged by a jury of our peers. We are not intimidated when CHUMPS and BULLIES try a power play. We ask questions like what would happen if you two CHUMPS pulled this on somebody that could not afford to defend the domain? It's bottom up here. Not some spoiled imperial CHUMPS looking to grab something they have no legal or even moral rights to. How do chumps even sleep at night?
Here is the Original Blogpost about this
Here is the Followup Blogpost about this
Keep peeing Márcio. I am going to give you the most electrifying experience and it is open for the world to see. The ONLY one here guilty of BAD FAITH are Márcio and his brother and we will demonstrate it so that the next ASSHOLE understands EXACTLY what will be coming their way. They try and disrupt my business, well when this all boils over, it will disrupt their personal lives because even their friends and family will see they are up to no good..
And oh yes, Márcio is reading my blog. He put all that in his new filings thinking it will make a difference as he hurdles how I acted in Bad Faith in 1996 when their company was not even born until 2010. And to this DAY, have no trademark and no rights whatsoever to SaveMe.com. But you do have a right to be made a clown of in public for the world to see!!!
I Pray that the panelists read this blog and all comments. I would not take back one word, thought or feeling. I know a piece of shit when I see it!
Márcio I have no respect for you. I won't call you a thief (tho some may think you are) as you are trying to take what isn't yours in a legal manner but you are a lowlife piece of shit and I hope this comes back on you and your brother in a way that will prevent you and others from EVER pulling shit like this again.
The Internet is about CIRCULATION and this story will be circulated in a way that will change your life. I have a mission and it is to EXPOSE PRICKS LIKE YOU so even your neighbors know! I own Saveme.com and you will NEVER get it now. Your claim is still DEFICIENT because you can't get over the hurdle. Please tell the panel how I acted in Bad Faith in 1996 when you have NO TRADEMARKS whatsoever and your company is less that 2 years old born in 2010? Do you know what a FOOL you like in the eyes of NORMAL PEOPLE?
And you know what is bad faith?? Trying to get 3 BRAZILIAN panelists to hear your case!! NEVER!!! That just demonstrates something that is consistent with the rest of the action you filed.
If you guys were MEN and not CLOWNS acting like legal PIRATES, you would have handled this the RIGHT WAY. Instead you poisoned the water and now I would rather use you as THE POSTER BOY for Reverse Domain Hijacking then actually do business with you and have to TRUST THE TWO of YOU!.
These posts GUARANTEE that NOBODY will ever be confused by SaveMe.com amd SaveMe.com.br. Consider it the most in depth disclaimer ever known to man! :-)
This issue really is not about domaining or even domains. But it is an issue for citizens of the United States of America who almost exclusively use the .com extension as opposed to .us or .us.com. Most Americans don't even know these extensions exist. As a country we use .com. They are trying to give license to any person or company throughout the world to come and try to exercise rights it does not have on almost any American entity. The layers of absurdity make this the perfect case to help folks understand what is going on and how easily they could become a victim of CHUMPS like Márcio and his brother if they were to have their way. Who would be safe???
To me this is akin to a 'Business Rape'. And not to minimize true rape, what you do when you are getting raped is SCREAM and YELL and get the attention of society. This is a terrible practice that has been going on and spreading. Not often do you have such a clear cut case of this abuse in which the masses can clearly see what I and many others are dealing with and how easily it could happen to any of them or any of their friends and family members. It makes folks in the USA particularly vulnerable BECAUSE some online property ending in dotcom is PRICELESS!
Rick Schwartz
PS: For the record, The ONLY ones that have damaged the Saveme.com.br brand are Márcio and his brother for resorting to this instead of negotiating like REAL businessman. Is that how is done in Brazil? WE ARE GOING TO FIND OUT!! The media in Brazil will be on this in a big way and I think THAT is what will eventually do the REAL damage. You CLOWNS picked this fight with ME and my job is to make you regret it in a way that prevents the next clown from even trying. THAT is why YOU are the POSTER BOY for REVERSE DOMAIN HIJACKING!! The ONLY right you have is for me to embarrass you in front of all the world and yes, that MAY damage your business. But never my intention. Just the fallout of your behaviour. You are the aggressor and I am the best counter puncher you will ever face!
-----What Does a”20 Year Plan” Really Mean Through My eyes?
Morning Folks!!
I don't have all the answers and I don't have to. Just a few will do. Like you, I can only guess. Speculate. Put my money on it and see how it all unfolds.
When I was a kid I remember when the Empire State Building was sold for $12 Million and everyone was stunned how anyone can overpay so much. Sex.com sold for more than the Empire State Building. Fast forward and now we are talking many billions. They are even taking the building public to raise a Billion Dollars.
Las Vegas years ago had nothing but sand and a vision. A longshot vision.
I can tell this story 100 ways from 100 views and another 100 paths on each. Here is only ONE of many ways I see what I do and domains in general.
I would describe what my business plan like this as a real world type parallel..
1. My first hurdle was to figure out how to afford to hold and maintain many domain names for 20 years.
2. Buy raw dotcom land in many places throughout the USA with potential for commercial development.
3. Focus on Oceanfront, Riverfront, close to ocean or river.
4. Try and target Times Square for advertising and Las Vegas for sheer people power.
5. Study the development of places like Times Square and Las Vegas.
6. Since I was too late, too young and too broke to participate in that game, I found one that has parallels in a new dimension.
7. So imagine it is 1948 and you are in Las Vegas. There is just SAND! There is nothing else.
8. Build it and they will come and so they do.
9. I see this new thing happening and realize that there may be many ways to capitalize on something like this if it were to work even if gambling is not your business.
10. So the first road is paved and now there is a street.
11. Let’s call this street (Las Vegas Blvd) Dotcom Blvd
12. I have a few extra dollars and decide to buy some land on Dotcom Blvd.
13. I decided it will be many years before it will have any value because right now it is just sand and wind.
14. I think if this idea were to unfold the way they say, millions of people will come to Dotcom Blvd in Las Vegas.
15. But SHIT!!! That will take TWENTY YEARS!!
16. I decide it is now or never. If I don’t buy it somebody else may come and buy it. Act NOW or it’s over!
17. I go have lunch and decide to buy the piece of land I was looking at.
18. SHIT!!! Somebody else bought it within the hour.
19. I better go look for another dotcom property.
20. SHIT!!! That one is already sold! (Maybe I can grab his sand and move it?)
21. The third is a charm. I now have my own dotcom sand.
22. Gee these guys are buying multiple properties. What do they see?
23. Gee, these guys are pretty sharp.
24. I think I am going to buy some more dotcom sand
25. I tell others in business, they just laugh at me for buying sand.
26. I try and explain that in 20 years or less this sand will be very valuable because a lot of people will be passing by everyday.
27. They laugh
28. I buy more sand
29. More people laugh
30. I keep talking about this 20 year plan.
31. They laugh
32. I explain about it being a “Unique opportunity in time”
33. They laugh
34. I explain you MUST get the land first if you are to even have a chance at success.
35. They laugh
36. I explain this was an opportunity that my father and grandfather and their fathers before them never had and they should pay attention.
37. They laughed.
38. I bought a major corner on Dotcom Blvd in Las Vegas
39. They stopped laughing but now thought I was insane.
40. I repeated the process 1000 times
41. Others started repeating the process
42. Sand turned into activity.
43. I stood on my sand. I looked at the hotels being built
44. I put up a few billboards on my sand with no advertising
45. The new casinos in town see the billboards
46. One hotel asks to put his name on my billboard
47. I say ok
48. He gives me $1 Million check
49. People passing buy laughing at me for not building.
50. I put some more billboards up
51. More people give me more money
52. I learn about effective billboards
53. I learn about ineffective billboards
54. I learn where folks are going
55. I learn what folks are looking for
56. I open up a short cut to the hotel via a sidewalk on my sand.
57. It saves the folks time and money
58. Casino is willing to pay me more to be exclusive and have all my sidewalks lead to his casino
59. Next thing ya know they need parking spaces
60. They pay me more for my sand then I can earn selling water in the desert.
61. I abandon idea of opening up lemonade stands and decide to open parking lots instead.
62. Parking lots have low overhead and are cash cows
63. That’s what gets me to New York. San Francisco. It’s been YEARS since I was in San Francisco, at that time the rate was $70/day. Most people on earth don’t even make $70 a day. Go tell those parking lots they don’t have a legitimate business and own the priciest of real estate.
64. Gee, that sounds like a good way to do it while I pass the 20 years.
65. Gee look at etoys
66. Gee look at Pets.com
67. Gee, I think it is smarter to wait and learn from their mistakes than pissing away billions of investor dollars on a bag of smoke.
68. Gee impression based advertising is stupid.
69. Gee impression based advertising was like a parking lot stealing all the cars
70. Gee how come that model collapsed and took many down with it?
71. Impression based advertising was like driving a bus down dotcom blvd and simply pointing out the casino. The casino paid to get pointed out but could not have a benefit because the bus and customers were long gone along with the money the casino or all other businesses paid. The bus never stopped to be=ring them the damn customer!
72. Gee that was dumb.
73. Gee, I talked about it constantly in 1998 and 1999.
74. Gee that was what collapsed things in 2000. It had to collapse using that model and it did. It was a flawed and worthless model but they all bought into it.
75. Many walk away
76. I just shrug it off as a learning experience for the totally ignorant and a rip off of epic proportions from those providing those worthless impressions that were not aimed at making sales.
77. Why do I just laugh and shrug it off?
78. I have a 20 year plan.
79. Many laugh
80. Many can’t plan 20 seconds ahead let alone 20 minutes, 20 hours, 20 days, 20 weeks, 20 months, 20 years.
81. Why get educated if you can’t think 20 years in advance.
82. When you look at things like that, everything is merely a blip and the important things are easy to pick out.
83. Those that work real hard and went broke get pissed
84. Those that did not see what was coming get pissed
85. Those that laughed are now pissed and they know the difference between our 2 plans.
86. I will start my projects as sand turns into concrete
87. I don’t even have to open a casino in Las Vegas to make money.
88. Where there are people there are always ways to make money
89. When you understand traffic on Dotcom Blvd. that gives you power and insight that very few have.
90. When you watch and understand that traffic for 20 years you learn things others have never even thought of or questioned.
91. That leads me to buy more sand in more places.
92. See I think developing for the sake of developing is not something I ever wanted to pursue even though I tried numerous times throughout the years.
93. I plan develop by NEED and audience size matched with a profitable good or service.
94. But the dust on the Internet has yet to settle although it is now taking on direction and shape.
95. Something that I envisioned would take 20 years because of the enormous size of the change of habit and it would be worldwide in a way that nobody can really understand. Never in the history of mankind have so many adapted to something new so quick. Yes 20 years is a FLASH. Nothing ever became so universal so fast. Not electric, not phones, not TV, not even the computer itself.
96. How long do you think it would take for the Internet to evolve back in 1996 when less than 1% of the world’s population was online?
97. So the way I see things is very different than perhaps anyone else as I am sure your visions may be unique to you and what you want and the lifestyle you are striving for.
98. While I saw domains being something that would bring many people together, I don’t ever think I saw that just selling the picks and shovels could be such a multi billion dollar business and still expanding.
99. While I thought domains would parallel real estate, it did so faster, deeper and more mainstream than I thought would happen.
100. I think social media only enhances this in an exponential way.
101. So I still believe we are in our adolescence. But it won’t be much longer that adolescence begins the journey of maturity.
102. So just like a boy or a girl takes 20 years to mature and THEN blossom, so was my approach to Dotcom Blvd.
103. Graduation day is not the day you reach your full potential. It’s the day you start your journey.
104. It’s the day you mark when things really begin
105. It’s the day that starts life as we know it.
106. So I have this 20 year plan and folks still laugh.
107. But I have the “Luxury of time” to decide which parking lots are turned into Skyscrapers or Department Stores or just keeping as a parking lot until there are no more cars to service.
108. Real Estate, Oil wells, Mineral Rights, Parking Lots, Store Fronts, Billboards, Message Boards, Gold Mines, Diamonds, name your poison. Name your path. Name your trail. Never has any single item had so many faces and possibilities and parallels as a domain name.
109. So we can be condemned for seeing things early but that won’t change the facts of acting on a hunch and taking a huge risk when the next guy with the same opportunity passed on that great risk
110. Great risk receives great rewards when the risk you take just happens to unfold as you saw years ago.
111. So what would you call somebody that bought in the desert when nobody else on the entire planet wanted it and everyone laughed at him? What do you call the guy today with an acre of sand on Las Vegas Blvd that is just a parking lot? Some old fat guy at the gate with a cigar hanging from his mouth. Each night he collects $20 each for the 5000 cars that fit in his garage. Oh didn’t I tell you, he decided to focus and build on that parking lot a 12 story garage capable of holding 5000 cars at $20 each and turns the spaces an average of 2.5 times a day. Gets $50 on special event days.
112. The fat guy at the gate just keeps laughing as each car hands him $20. Another puff on the cigar, another laugh. $250,000/day business and he did damn well for his $100 investment. The garage he built that was a simple skeleton paid itself off in just 4 weeks so there is no mortgage.
113. They told the old guy he no longer had to collect the cash. That now they had machines to do the same thing and he could go to Florida and just lay on the beach.
114. I heard he declined the move. He just loved laughing his ass off. Every 5th car would pay off that original $100 mortgage.
115. Ok, so that is one path. One parallel. Now let’s talk about the oil well parallels.
116. Then the Gold Rush Parallel.
- And to be fair, don’t forget the tulips. The greatest BUST in history and to some, domaining is exactly like that. Don’t know about the tulips? Look it up!
- There is also the collectible parallel.
- The TV parallel
- The Hollywood Parallel
- The stock market Parallel
- The Location, Location, Location, parallel
- The Monopoly Game Parallel.
- The Game of Life Parallel
- The Radio, Newpaper, Magazine Parallel
- More parallels in one commodity than all others combined and I have barely scratched the surface!
There has never been anything quite as universal and VALUABLE as a meaningful domain name and 2012 marks the year that the cat is out of the bag. Predators from every corner will come out like cockroaches at night trying to undermine your efforts in any way possible. Some of my friends are way too nice and find themselves on the short end. My only suggestion is to grow some balls and learn how to tell people to shove it up their ass with a 2 x 4.
See there are efforts by scammers that don’t take 20 years. They can fake out the system in 2 or 3 years or less and then just walk away with your property. Folks it is time to stop being naive. The next jackass that contacts you that you never heard of that wants one of your domains is likely not who they say they are and likely have an agenda. Why pay for a domain when they can PLAY the domainer?
Good luck and go grab your share of the pie! But don’t be a victim of those predators. They play with an empty hand, don’t play with an empty offense. You don't need a lawyer all the time, but you do need balls every moment from this day forward.
As investors in domain names we have done nothing wrong and worked within the system to capitalize on something just as they have done for hundreds of years on millions of items. Buy a $10 piece of art at a garage sale and a Picasso is behind it, well it’s yours and nothing will change it unless it had been stolen to begin with.
That brings me to my last point. Even if you lose a domain, track it!!! If you lose a domain because of wrong doing and it is years later, learn from the sex.com case. I believe in the years ahead we will see domain returned to their original owner and whatever business has been built will collapse overnight.
If you pay your annual fees, and don't do infringe or do anything intentionally wrong with your domain, then don't be intimidated by companies large or small. The smallest guy can defeat the biggest guy with WORDS and THOUGHTS and IDEAS as well as public opinion.
Your only limit is your 'Life Expectancy'. So something maturing in 100 years won't do you a whole lot of good in life. You'll be long dead. Depending on your age, you may have 20-40 year horizon to accomplish what you want. Life is not as long as you may think.
Have a GREAT Day!
Rick Schwartz
5 Day Stay of Execution for SaveMe.com as Márcio Mello Chaves Claim”Deficient”!!
Morning Folks!!
The Poster Boy for Reverse Domain Hijacking, Márcio Mello Chaves, has hit a little snag. I received the '5 Day Stay' early this morning. I will share the details.
The case will not been accepted by WIPO citing lack of specifics in accordance with 'Bad Faith' unless amended by March 24th. So the clock is ticking. Let's see.
'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:
(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.
Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.
(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).
Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'
I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'
Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. The 'Clown' would have to turn himself into a 'Magician'!
And so on this single point alone Márcio Mello Chaves will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied if/when it ever goes forward! It is flawed on so many levels it could not even reach the lowest bar let alone some of the high hurdles.
Márcio Mello Chaves of Brazil Acting in BAD FAITH on behalf of SaveMe.com.br
The POSTER BOY for Reverse Domain Hijacking
Stay Tuned!
Rick Schwartz
-----Márcio Mello Chaves is a Wolf in Sheep’s Clothing and I am Going to Make him and Saveme.com.br Famous.
Afternoon Folks!!
So today I get a WIPO action from a company in Brazil I never heard of until today. What struck me was that it was one of the most generic domains I own. SaveMe.com
I hand registered this domain in 1996. Before this company was even in business or thought of. They decided to go the lawyer route and try to reverse hijack this domain that they have no claim to whatsoever. Now I am going to stick it up thier asses! :-)
But it gets better. As I am going through the attachments and this CLOWN, Márcio Mello Chaves, contacted me back in August to buy the domain name. I told them at that time “High 6 Figures”. He came back at $10k and I said not even $100k. End of that chain. There may be more, have not researched anything yet on my end. (See comment 99 for details)
The clown is actually the attorney that filed the WIPO Action. So now that I know this CLOWN, Márcio Mello Chaves is just a wolf in sheeps clothing he is a low life to me. When some LOW LIFE stoops to that level, that rubs me the wrong way and I intend to use this guy as an example along with the CHEAP PRICKS he represents. Oh, that would be himself and brother pictured below. Marcio on the left and Heitor on the right of Buscape.com.br. Guys that appear to be professionals and would not suspect them of doing bad things and so now they are EXPOSED for the WORLD to see!
Did these two CHUMPS conspire against me and my domain name to Reverse Domain Hijack Saveme.com because they own SaveMe.com.br and were too cheap or did not have the money to buy MY domain name? Now I am going to stick it up BOTH of their asses. Let's find out what they KNEW in June 2010 when they opened up shop. Are these CHUMPS going to claim they did not know the dotcom version was taken???
But more importantly to YOU, this is what I learned. Just like the .co leaked 61%, one of the documents they filed show that 43% of my traffic comes from Brazil. The traffic they might be leaking. Why?? Because this CLOWN represents SaveMe.com.br and they have a HUGE LEAK! Or so they say.
Yo Baby!! That’s what I have been talking about for years now and especially recently. Not my fault dude. Not my problem dude. There are thousands with similar problems. Talk to ICANN. The new gtld's will only make it more of a clusterfuck. No Johnny Come Lately is going to even TRY and take what I own after this. I am going to hang my hat on this action.
So Buscape.com.br aka saveme.com.br filed a WIPO today because they think that is cheaper. They think they are entiltled. Well guess what? Bad move SPORT! The value of this domain just went up. That is why dotcom is KING! So this guy with no ethics decided to try this little trick. Because of that, I will make him a poster boy so others know what is coming and how it is coming. I will be as transparent as I can be. Just like Goofoff.com and what became of a similar sitution. These morons just don't seem to learn. So they need to be educated. That only happens when the thing explodes in their face. That is unfortunate. My job is to protect every other domain I own from similar jerks. So each time I have no choice but to make them regret their actions.
There is no company on earth that should be allowed to intimidate any domain owner at any level. So Márcio Mello Chaves I am going to make you famous. You and the idiots you represent might have this all come back on you. That's before I even mess with MY domain SaveMe.com which I am sure I can use in a very effective way to illustrate what a FOOL you and your clients are. To make sure your own customers know what you folks are and how you behave. Preadators! I never initiated contact with you but if you mess and poke this lion, be prepared to explain things to everyone you know and everyone you will ever know. As they said in the 'Social Network', the Internet is in INK.
So this will never go away and will only be a search away. Bloggers will blog about your behavior and that of your client. Then customers might not think they want to do business with such a predator. Assuming you have any customers. When it spins out of control, look in the mirror. You are fucking with MY LIVELY-HOOD and that is a place that not only I will defend, but will legally SLAY anyone that gets in the way. I will do everything legally and openly, but tastefully is not a promise. I am going to stick it up your asses in the most unpleasant and disgusting way I know how in front of the world. I will always be factual. But I don't always have good taste or play by any other rules other than by what is legal. If you folks get embarrassed, so be it. If you have to explain to your family and neighbors, so be it. WIPO is public and so is everything to come.
Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!
More to come. I have a mission. :-) In the way these folks think, just go ahead and register any country code or 3rd class domain and then go after the dotcom because of some sense of entitlement to things they don't own just because it will make their business stronger or better or more competitive. So if I buy a house in Kansas with a 500 Park Avenue address, I am certainly entitled to throw out the guy in New York City if I do well according to their bent logic.
Márcio Mello Chaves of Brazil Acting in BAD FAITH!
The POSTER BOY for Reverse Domain Hijacking
What can you do? Spread the word. Save me and Save you. It's the gospel to anyone that makes a living online. How fitting to have the SaveMe.com domain name used in this landmark case. Some may say....Miraculous!!
Rick Schwartz
UPDATE: Here is the actual Complaint: You all should read this because his allegations and extreme over reaches would have a bearing on many of you.
Você simpatiza com gente que tenta dar um 'jeitinho' para tomar coisas que não lhes pertence?
Este é o caso de 2 irmãos no Brasil que estão por trás de um site relativamente novo, o SaveMe.com.br. Veja, eu possuo o domínio genérico SaveMe.com aqui nos EUA desde 1996, quando o domínio (aquilo que vem depois do www...) estava livre e eu o registrei. 16 anos mais tarde, esta empresa no Brasil parece ter optado por um caminho sujo, após registrar o domínio SaveMe.com.br, em 2010.
Agora eles querem o MEU domínio, e não querem pagar por isso!!! Eles simplesmente querem que a justiça lhes 'entregue' o domínio. Sem mesmo ter uma marca registrada do nome 'Save Me' no Brasil, quanto mais aqui nos EUA, eles decidiram entrar com uma ação contra mim e meu domínio de 16 anos. Note que, antes de entrarem com uma ação, eles fizeram ofertas pelo domínio, mas eu as rejeitei, simplesmente porque não estavam no patamar adequado, com a agravante de que não informaram corretamente quem eram (ou seja, mentiram). Eu nunca soube que eles representavam esta empresa até que esta semana recebi uma intimação. Acredito que você possa ver claramente as implicações do que eles estão tentando fazer, pois eles não têm quaisquer direitos sobre aquilo que não lhes pertence.
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Este es el caso de 2 hermanos en Brasil que aparentemente operan un sitio web relativamente nuevo; 'Saveme.com.br' Ocurre que yo soy dueño del dominio genérico Saveme.com' en los Estados Unidos (USA) desde el año 1996 cuando lo registre a mano. 15 años más tarde esta empresa en Brasil parece haber encontrado algo valioso al registrar 'SaveMe.com.br' en el 2010.
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Do you like people that try and take things that don't belong to them?
Such is the case with 2 brothers in Brazil that seem to run a fairly new site SaveMe.com.br
See, I own the generic domain name here in the USA SaveMe.com since 1996 when I hand registered it. 15 years later this company in Brazil seems to have hit pay dirt after registering SaveMe.com.br. in 2010.
Now they want MY domain name and they don't want to pay fair market value. They want the courts to just give it to them. Without even a trademark in Brazil let alone the USA, they have decided to file a suit against me and my domain of 16 years. See I refused their offers because they simply were not in the ballpark plus he misrepresented who he was. I never knew he represented this company until this week when I got the papers. I think you can clearly see the implications and that they have no rights to what does not belong to them.
If you ever use this company, you might want to tell them not to try and take things that don't belong to them.
3/19/2012 UPDATE:
Let's see if he responds or ABANDONS this suit. We will know in 5 days.
'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:
(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.
Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.
(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).
Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'
I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'
Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. And so on this single point alone he will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied!
4/25/2012 UPDATE: Yesterday we filed and published our official legal response to this suit. You can read the contents at: http://www.erealestate.com/saveme.htm
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