Comments on: Apple Domain Owner Creates YouTube Response to UDRP Loss http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712 Domain blog featuring domain investing strategy, domain valuation, and domain development commentary from Elliot Silver, founder of Top Notch Domains, LLC. Mon, 20 May 2013 00:04:58 +0000 hourly 1 By: Marc http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-27871 Marc Fri, 25 Jun 2010 23:00:13 +0000 http://www.elliotsblog.com/?p=4671#comment-27871 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.

]]> By: Jorlando http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17604 Jorlando Thu, 14 Jan 2010 03:04:30 +0000 http://www.elliotsblog.com/?p=4671#comment-17604 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

]]> By: UDRPtalk http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17601 UDRPtalk Thu, 14 Jan 2010 02:09:17 +0000 http://www.elliotsblog.com/?p=4671#comment-17601 @Freddy Yes.

BTW, http://www.MacMall.com & http://www.MacZone.com are excellent examples of using the “mac” trademark within the domain.

]]> By: Freddy http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17599 Freddy Thu, 14 Jan 2010 01:46:38 +0000 http://www.elliotsblog.com/?p=4671#comment-17599 @udrptalk it’s MUCH easier to point the finger isn’t it ?

]]> By: UDRPtalk http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17596 UDRPtalk Thu, 14 Jan 2010 01:26:11 +0000 http://www.elliotsblog.com/?p=4671#comment-17596 @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.

]]> By: Ms Domainer http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17593 Ms Domainer Wed, 13 Jan 2010 21:53:32 +0000 http://www.elliotsblog.com/?p=4671#comment-17593 *

This cybersquatter got a well-deserved spanking from Apple.

He’s just lucky they haven’t sued him for $$$,$$$!

*

]]> By: t http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17592 t Wed, 13 Jan 2010 21:45:29 +0000 http://www.elliotsblog.com/?p=4671#comment-17592 time to invest in a generic

]]> By: Freddy http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17590 Freddy Wed, 13 Jan 2010 21:11:21 +0000 http://www.elliotsblog.com/?p=4671#comment-17590 @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 ?

]]> By: Jacob http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17584 Jacob Wed, 13 Jan 2010 16:04:26 +0000 http://www.elliotsblog.com/?p=4671#comment-17584 Yeah, that guy should have known his little gravy train would break down eventually. He should have been prepared.

]]> By: bruce J tedeschi http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17583 bruce J tedeschi Wed, 13 Jan 2010 14:52:15 +0000 http://www.elliotsblog.com/?p=4671#comment-17583 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…

]]> By: Michael Carter http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17581 Michael Carter Wed, 13 Jan 2010 13:58:55 +0000 http://www.elliotsblog.com/?p=4671#comment-17581 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.

]]> By: rob sequin http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17579 rob sequin Wed, 13 Jan 2010 13:32:57 +0000 http://www.elliotsblog.com/?p=4671#comment-17579 what a dummy.

The good thing about this recession is that it shakes out idiots like this from our industry.

]]> By: rob sequin http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17578 rob sequin Wed, 13 Jan 2010 13:26:18 +0000 http://www.elliotsblog.com/?p=4671#comment-17578 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?

]]> By: OWEN FRAGER http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17567 OWEN FRAGER Wed, 13 Jan 2010 06:33:16 +0000 http://www.elliotsblog.com/?p=4671#comment-17567 “Apple didn’t seem to mind, so I assumed they were a cool company.”

FYI- Apple IS the music business.

]]> By: Ben Wilks http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17560 Ben Wilks Wed, 13 Jan 2010 03:34:57 +0000 http://www.elliotsblog.com/?p=4671#comment-17560 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!

]]> By: Elliot http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17559 Elliot Wed, 13 Jan 2010 02:26:04 +0000 http://www.elliotsblog.com/?p=4671#comment-17559 “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.

]]> By: Jorlando http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17558 Jorlando Wed, 13 Jan 2010 02:23:29 +0000 http://www.elliotsblog.com/?p=4671#comment-17558 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.

]]> By: Jamie http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17549 Jamie Tue, 12 Jan 2010 23:59:07 +0000 http://www.elliotsblog.com/?p=4671#comment-17549 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.

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