Apple Domain Owner Creates YouTube Response to UDRP Loss
As you probably read on TechCrunch or the same article in the Washington Post, Apple recently won a UDRP filing for 16 domain names owned by Daniel Bijan. The domain names that they were awarded include: blueipod.com, iphonecheap.com, iphonetoys.com, ipodaccessories.info, ipodkits.com, ipodsbaratos.com, macbookpro.biz, macbookpro.com, macbookpro.net, macbookpro.org, macfriend.com, and redipods.com. Clearly these domain names incorporated trademarks owned by Apple.
In a video posted today on YouTube (embedded below), Bijan doesn’t dispute the fact that Apple has rights to these domain names. In the video’s description, Bijan writes, “Apple hurts me, my wife and 3 kids. Not once did they contact me or send a cease and decist letter. I would have gladly gave them the names. Instead, they just start the arbitration process. This is what is wrong with corporations today. Just pick up the phone and call me.” Bijan continues, “What is wrong with this world. Did we forget to treat people like human beings? I will not buy any Apple products.”
Although I can empathize with Bijan a bit because I would be horrified to see my name in a similar article, I have to say that it comes with the territory when you buy domain names like this. Sure it sucks to be called out publicly, especially because anyone who searches for this guy’s name will probably forever see these two articles, however, one needs to be mindful of one’s domain registrations.
When I worked in the corporate world, there was always a saying that went something like “never send out an email that you would be embarrassed to see on the front page of the New York Times.” Likewise, I would advise people to be cautious about what domain names to which they may forever be linked.
Do you feel badly for the guy, or did he get what he deserved?
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Posted in: Advice, Cybersquatting
Tags: apple, techcrunch, UDRP, Washington Post
Comments (18)
Jamie
January 12th, 2010 at 6:59 pm
He seems like a pretty honest guy who was just trying to make a buck. He clearly said he didn’t understand TM laws when he started (like most do not when starting domaining) but I also think he was aware of what he was doing when Apple came knocking.
If he didn’t own Macbookpro.com, they likely wouldn’t of came after him.
Jorlando
January 12th, 2010 at 9:23 pm
This guy is legitimate because he legitimately resold APPLE PRODUCTS under the domains. He didn’t hurt Apple by his doing. He HELPED THEM by promoting their products.
APPLE “quietly attacked” Daniel Bijan.
This is not a good direction by APPLE.
Apple should’ve first found something he did intentionally wrong, and first contact him to determine.
This potentially can compromise APPLE’S QUALITY SCORE since this is a negative on their part.
Elliot
January 12th, 2010 at 9:26 pm
“Quietly attacked”
Huh? They filed a UDRP. He would have really been screwed if they decided to make an example of him and sued him for 16 counts of cybersquatting under the Lanham Act. That would have been something like up to $100,000 a piece. Mr. Bijan would have probably had to hire lawyers to defend himself, adding even more to his legal bills.
Ben Wilks
January 12th, 2010 at 10:34 pm
Cry me a river, what a douche, go have a cry – better make that a man sized tissue. You are a criminal and you’ll be lucky to convince anyone with those excuses, what a joke!
OWEN FRAGER
January 13th, 2010 at 1:33 am
“Apple didn’t seem to mind, so I assumed they were a cool company.”
FYI- Apple IS the music business.
rob sequin
January 13th, 2010 at 8:26 am
Boo Hoo!
When the cops want to arrest a criminal they don’t call first to say we’re coming to arrest you.
Apple probably wanted to have this out in public for all other TM violators to see.
The guy knew he had TM domains and Apple is at fault?
rob sequin
January 13th, 2010 at 8:32 am
what a dummy.
The good thing about this recession is that it shakes out idiots like this from our industry.
Michael Carter
January 13th, 2010 at 8:58 am
he should be thankful that apple didn’t go after revenue generated from the various sites – he knew exactly what he was doing – zero sympathy – and why boycott apple? they are not in the wrong, not even close – just protecting what is rightfully theirs.
bruce J tedeschi
January 13th, 2010 at 9:52 am
Ignorance is no excuse… He knew exactly what he was doing. He sells apple products on the sites and did not know they were trademarked, BS…
Jacob
January 13th, 2010 at 11:04 am
Yeah, that guy should have known his little gravy train would break down eventually. He should have been prepared.
Freddy
January 13th, 2010 at 4:11 pm
@bruce MacMall.com maczone.com and among others sell Apple products on their sites too . so why make an example of 1 guy doing it ?
t
January 13th, 2010 at 4:45 pm
time to invest in a generic
Ms Domainer
January 13th, 2010 at 4:53 pm
*
This cybersquatter got a well-deserved spanking from Apple.
He’s just lucky they haven’t sued him for $$$,$$$!
*
UDRPtalk
January 13th, 2010 at 8:26 pm
@Freddy You have a very valid point, and I want to commend you for not going along with the “wolf pack” mentality here.
I believe that if you are conducting yourself as a value added partner by promoting and marketing the trademark owner’s products under a variation of the trademarked domain, then it should be considered legitimate and fair use.
Unfortunately, trademark owners take advantage of naive people like Daniel Bijan to use the system to “legally steal” domain property which is being fairly used.
In the end, it’s about presentation. If he had responded, perhaps a panelist would have realized that he is a valid affiliate of eBay which in turn is an affiliate of Apple, and perhaps he would have won.
Freddy
January 13th, 2010 at 8:46 pm
@udrptalk it’s MUCH easier to point the finger isn’t it ?
UDRPtalk
January 13th, 2010 at 9:09 pm
@Freddy Yes.
BTW, http://www.MacMall.com & http://www.MacZone.com are excellent examples of using the “mac” trademark within the domain.
Jorlando
January 13th, 2010 at 10:04 pm
I agree, if you are an affiliate and re-seller of the products, you can use the tm in the domain name, just like FastFrame, being a corporation, offers people to be re-sellers, and therefore, also offers the resellers to register domains with the “fastframe” mark in the domain:
FASTFRAMEFITNESS.COM
FASTFRAMEFAIROAKS.COM
FASTFRAMEETC.COM
FASTFRAMEEAGAN.COM
FASTFRAMEDR.COM
FASTFRAMEDENVILLE.COM
FASTFRAMECOSTAMESA.COM
FASTFRAMECHICAGO.NET
FASTFRAMECHICAGO.COM
FASTFRAMECHESTERFIELD.COM
FASTFRAMECHESTER.COM
FASTFRAMECHARLOTTE.COM
FASTFRAMECENTRAL.COM
FASTFRAMECAMARILLO.COM
FASTFRAMEBYCARLOSANDTROY.COM
FASTFRAMEBUILDINGS.COM
FASTFRAMEBROOKFIELD.COM
FASTFRAMEBELAIR.COM
FASTFRAMEAUSTIN.COM
FASTFRAMEASHVILLE.COM
FASTFRAMEASHEVILLE.COM
FASTFRAMEARLINGTON.COM
FASTFRAMEARIZONA.COM
FASTFRAMEAFRICA.COM
FASTFRAME532.COM
FASTFRAME4YOU.COM
FASTFRAME485.COM
FASTFRAME391.COM
FASTFRAME382.COM
FASTFRAME350.COM
FASTFRAME2.COM
FASTFRAME139.COM
FASTFRAME123.COM
FASTFRAME109.COM
FASTFRAME.NET
FASTFRAME.COM
FASTFRAME-WB.COM
FASTFRAME-W.COM
FASTFRAME-STC.COM
FASTFRAME-SANMATEO.COM
FASTFRAME-PALOS.COM
FASTFRAME-P.COM
FASTFRAME-NORTHBROOK.COM
FASTFRAME-MH.COM
FASTFRAME-L.COM
FASTFRAME-K.COM
FASTFRAME-IL.COM
FASTFRAME-GF.COM
FASTFRAME-BF.COM
FASTFRAME-AH.COM
Marc
June 25th, 2010 at 7:00 pm
Companies TRADEMARK names for a reason, to keep idiots like this from leeching off them. Does not matter if he was promoting, do you think he did a better job than Apple?
If I had a company and went through the legal paperwork and expense to trademark (protect) my company name only to have some knucklehead put up some crappy blog trying to ride my coat tails I would sue his ass!
So many Internet Marketing “gurus” are preaching this “company name/product domain” method, not good for innocent people trying to make a buck as it is going to cause a lot of probs down the line now that Apple has successfully showed that companies with the Trademark do in fact have the upper hand as the law protects them.
It’s common sense, just because it is on the internet does not mean total anarchy.
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