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GoDaddy customer service : Should I pick GoDaddy?? Big Publishing Group demands my domain

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I registered http://deusto.com in 1997. Now, eight years later, Planeta Agostini, one of the biggest publishing groups in Spain and /img/avatar3.jpg of Ediciones Deusto, sends me letters via it's lawyers demanding me to transfer them the domain, because they registered the trademark "deusto" in 2002 (I repeat, I registered the domain in 1997)..

Now, after I refused to transfer them the domain, they have presented a complaint to the WIPO and the domain has been suspended..

The website (a website for Spanish writers to publish their stories and now moved to http://literatura-digital.com), has, over 8 long and difficult years, reached 80,000 visitors a month, 1250 stories have been published and has 3300 subscribers to the newsletter..

Deusto is the name of a neighborhood in Bilbao, Spain, where there is a University of Deusto (deusto.es), a bakery called Panaderia Deusto, a consulting group called IT Deusto, etc..

Planeta Agostini has a big law firm in Spain working on the case, and I cannot afford a lawyer. Is this fair ? Are they going to get the domain because they are bigger ? .

By the way, Planeta Agostini doesn't have neither deusto.es, deusto.net, nor deusto.org. And deusto.biz and deusto.info are not even registered ! Wouldn't it be that they are after my visitors and they want them for free ? No, of course not, they only want to protect their brand !.

I have several follow up posts in this address: http://wolfb.com.

Eduardo Perez Orue http://wolfb.com.

Comments (34)

Respond to the WIPO complaint and lay out the facts. When you registered it, what you have used it for, etc. Based on what you say you will win for sure.

You will also want to contact a lawyer about making a claim against Planeta Agostini for loss of business. You should have no problem finding a lawyer who will take this on with no up front charge to you. It seems such a clear cut case that lawyer could be assured to have his fees paid in full by Planeta Agostini when they loose...

Comment #1

Yes, thanks, that is what I am trying to do, I am working with a couple of lawyers on it. I will publish the response to the demand also in my blog, I really want to show people how bad the whole WIPO process can get... really incredible .....

Thanks..

Comment #2

Contact JBerryhill, a member of this forum, he specialises in Internet law and has represented many applicants (and respondents) in WIPO actions..

This is a fairly big case and which first of all I would advise you to refrain from posting too much details of the suit and personal opinion for fear that it might be picked up by the other party and used against you...

In my lay opinion and based solely on a modicum of experience, they have no rights to this clear reverse hijacking attempt...

Comment #3

Thanks. Yes, I have stopped posting information in my blog, just the minimum necessary for people to know what happens. And I agree on the reverse hijacking ......

Comment #4

The registrar rendered the domain name inactive upon receipt of the WIPO complaint?.

If that's what they did, they are not supposed to do that, and you need to contact Tim Cole at ICANN, as that would be a registrar compliance issue...

Comment #5

Yes, that is what they did.

I will look for his address, thank you...

Comment #6

Based on what you have said (if correct), I think you will win this case; however, as others have said, get a good lawyer. I'm not super familiar with WIPO actions, but I think you may have a case against your registrar as well...

Comment #7

I doubt you will find it, but good luck...

Comment #8

Eduardo,.

I have a contact email address for Mr. Cole. It's a couple years old, so I can't guarantee it's still active, but it's worth a try. I will forward it to you via PM...

Comment #9

Thanks, I already got the email via PM from someone else...

Comment #10

You had it in 97 they trademarked in 2002 ... no worries.

Reply with ICANN UDRP quotes and also ask the attorneys if they will be representing the company for trademarking a name that someone already had a ".com" for.. It is possible that you can sue them.

The rules that the WIPO follow ( ICANN UDRP ) also now have vebage concerning " Reverse Domain Name Highjacking ".. which is a company going after a domain name owner and trying to scare them stating that it is a trademarked highjacked name, when the FEW rules were not broken...

Comment #11

Interesting case, let us know the result when permitted...

Comment #12

I have updated my blog http://wolfb.com with the latest letter I sent to WIPO to complaint about irregularities .... will let you know how it ends ......

Comment #13

There are lawyers who will work on contingency fee basis. Meaning they will fight the case without any advance fee and if they win the case their fee is collected from the fee awarded to you by the court [or from any other source like sale of a property etc involved in the case]..

Comment #14

Yes, thanks. The problem with the WIPO arbitration is that even if the arbiter makes a Reverse Domain Hijacking statement against the demanding party (Planeta Agostini in this case), there is no monetary punishment. So it is very safe for them to complaint against you in front of WIPO. The worse that can happen to Planeta is that they do not get the domain ......

Comment #15

Go to the doctor and tell him you are depressed due the planeta's complaint. You can't sleep at night, have headache and so on.....

Comment #16

How did you know I cannot sleep at night ????..

Comment #17

You can consider the sicknes as a consequence of planeta's demand...

Comment #18

The worst the UDRP panellist can do is not give them the name. You, however, have plenty of options. If their complaint has no merit whatsoever then you may be entitled to compensation for your costs, efforts, yes, even your loss of sleep. Many places have laws specifically to provide protection for people who are being legally harassed. It's absolutely worth looking into...

Comment #19

I don't know the law in Spain but if this was USA you could sue him for tm infringement. You have first usage. Get a good lawyer and spare no expense. This could be a big win for you if you can force him to pay for the domain vs losing in a WIPO...

Comment #20

The problem is that in Spain I cannot demand damages for more than actual economic direct damages ... that is, proven looses ... and it was a hobby page .......

Comment #21

That sucks. If you were in the states you could buy one of their publications, use it to give yourself a papercut, and sue them for millions..

Comment #22

That's why they do this things .... it is cheap an easy for them ......

Comment #23

Transfer the name to someone with a USA address. F'em...

Comment #24

Translated with freetranslation.com:.

The from bilbao Eduardo Prez Orue, of 42 years, owner of the control Deusto.com, has earned the demand that Planet Of Agostini presented before the World Organization of the Intellectual Property, so that were him transfered the control. According to the failure, Prez, that bought the control in 1997, did not act of bad faith, therefore Planet registered Deusto in 2002.

Deusto.com offered new authors the possibility to publish it's texts. At the moment of the demand had 1.300 articles, 3.300 subscribers and 80.000 visits al month.

In January, Planet denounced him because Prez did not have marks neither companies registered with this name, as opposed to Planet, that has various products. Besides, it considered of bad faith that the place was dedicated to the literature and that to sell books of Editions Deusto. Prez assures: "Did not it sell them, had links to the House of the Book, of the group Planet, who had authorized me to announce the books and to carry me a commission of three euro al year".

By mistake, the OMPI suspended six weeks it's control: "Nobody gave me the benefit of the doubt, they thought that was a ciberokupa". Sources of Editions Deusto has affirmed to this supplement that are studying the resolution and they do not confirm if they will undertake new actions. http://arbiter.wipo.int/domains/deci...2006-0036.html..

Comment #25

Congratulations on winning the complaint hombrelobo. It sucks that they suspended your domain for 6 weeks though. I hope you can get some compensation for your troubles and damages. Good luck...

Comment #26

Thanks. Here is a summary too: http://wolfb.com/?q=deusto-won-demand.

The final decision in in Spanish too .....

The problem is ... I got it back, but then, .... Planeta Agostini, the demanding party, lost nothing doing it ...nothing ......

Comment #27

Well, I think that the party that brings a complaint has to pay a certain $ amount for the process. Is it like $1000, at least that's a slight deterent to doing this. But it does suck though...

Comment #28

Well ... they have 5000 employees, 14 publishing houses, 3 newspaper and 1 TV station .... how much of a deterrent is 1 thousand dollars ??.

It is a bit detterent to me, thought, defending my domain costed me more than that .... I asked for a Reverse Domains Hijacking statement against them, but not even that ....

My biggest concern is that the procedure is very cheap for big companies like Planeta Agostini, but difficult for individuals.....

And then everybody asks why there are no more entreprenours .......

Comment #29

I can't argue with your feelings on this. Like I said, I do hope you manage to get some compensation. Good luck...

Comment #30

Omg, thats sad. they cant let it off so easily, you must struggle for this ...

Comment #31

I am very happy for you but then again sad you were wronged in such a way. Your country apparently has no way for you to be compensated for this injustice...

Comment #32

No, there is no easy way to do it. You have to start a long process, and you can only claim actual demonstrated losses, which for a hobby site based on Adsense menas basically nothing. That's why people like Planeta Agostini can afford this kind of demands: the downside is non-existing...

Comment #33

Congradulates, you get it back. I hope they will offer you a good amount to have their name...

Comment #34


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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