snubbr.com

GoDaddy testimonials : Advise I use GoDaddy?? NameMedia sued for cybersquatting my domains...

Get GoDaddy web hosting for just $1.99. Click here to use coupon...

Special $7.49 .COM sales. Click here for this special deal...
And there are no questions of law that require proof that will prevent the plaintiff(ME) from receiving desired relief. {exceeding ten million dollars}The only things left is an illustration of damages and presenting arguments for the need for exemplary damages to prevent NameMedia from damaging others as their normal course of business. eartheye.com & SleepSpot.com Domains first used in commerce by ME. Eartheye.com(Oct 13, 1999) See the archive as my old studio site started to separate my fine art and other photography. Eartheye(Nov 12,2000) Here you see it as the domain I was starting to use mostly for my version of art. (Nudes here) CurtisNeeley(June 14, 2001) My photography websites were starting to split from my fine art completely for the first time.

CurtisNeeley.com(Nov 26, 2002).

My commercial photos with... A LINK TO EARTHEYE.COM via a WARNING about nudity. I was unresponsive and in a coma Nov 26,2002. Eartheye(Aug 31, 2003) First Internet archive of NameMedia's cybersquatting eartheye. I was a post-comatose invalid. St Vincent(Aug 31 2002) The jury will be interested in seeing me with a feeding tube still attached on my step-daughter's birthday.

================================================== ============== Another Domain Name first used in commerce by ME...they cybersquatted on SleepSpot(Mar 4,2000) SleepSpot(Sept 25 2002)The jury will be interested in knowing.

That I was in a coma and unresponsive on my 34th BIRTHDAY when it still looked OK! SleepSpot(Oct 31 2003) The jury will be interested in seeing this.

Domain being first archived while being ransomed to an incompetent disabled.

I was once a [CIRS]software designer who was trying to sort my figure art photography from my other photography? Eartheye Lawsuit I am seeking in excess of ten million dollars damages!.

Read the initial filing as a PDF that I ALREADY filed in the United States Court in the Western District of Arkansas.

- it is ALREADY DONE SEE..

Comments (221)

As a fellow photographer I wish you all the luck in your case!..

Comment #1

If you already owned the domains, how did they squat them? Did you let them expire?..

Comment #2

From eartheye.com lawsuit link: Hmm. An interesting case, I don't see the plantiff coming out victorious though...

Comment #3

I just don't see it. The registration lapsed, namemedia bought it and it looks like they sold it to a mapping company (not in the same realm as photography)...

Comment #4

I am sorry for the events that lead to this situation, but I don't honestly think the case is very strong.

It is a tragic event that happened, but this type of thing happens daily. I have seen people who have died or been incapacitated and lost all their domains. This is why it is good to have a worst case scenario plan in place. It is the same as owning property.

If you owned a piece of property, and no one knew about it, sooner or later you would lose it when you quit paying taxes on it.

I do not see any TM's for "Earth Eye" , "EarthEye" or "EarthEye.com" other than the following.

Word Mark EARTHEYE.

Goods and Services IC 042. US 100 101. G & S: providing mobile mapping, remote sensing and data collection services for others. FIRST USE: 20090709. FIRST USE IN COMMERCE: 20090709.

Standard Characters Claimed.

Mark Drawing Code (4) STANDARD CHARACTER MARK.

Serial Number 77782357.

Filing Date July 16, 2009.

Current Filing Basis 1A.

Original Filing Basis 1A.

Owner (APPLICANT) EARTH EYE, LLC LIMITED LIABILITY COMPANY FLORIDA Suite 200 3680 Avalon Park Boulevard East Orlando FLORIDA 32828.

Attorney of Record Herbert L. Allen.

Type of Mark SERVICE MARK.

Register PRINCIPAL.

Live/Dead Indicator LIVE.

Just a quick Google search would show many companies using the same term for different uses.

EarthEye.com is now a developed site as well.

I am sorry for what happened, but unfortunately I don't think the case is very strong.

Brad..

Comment #5

You gotta wonder how seriously the Attorney is actually taking this considering some of the spelling/grammar mistakes in the above referenced PDF....

"...emotional damages for loosing the ability to.

Have a consistent legacy with the website eartheye.com to be in excess...".

If you win this then anyone that has ever had their expired domain registered by someone with the intent to profit from it would stand to gain from a lawsuit...

And 10 million big ones seems extremely excessive, even if there was any merit to the case.....

Comment #6

Well, I dun spelt a litel bit rong. I dont got enuf monee no how to lern or higher an torney.. Leest nou I um moar competant?.

How much is my extreme sorrow worth?.

They registered it in bad faith and with no intent to do anything but sell it for a profit. Ransoming it for profit.

They passed a law against that with statutory damages of 100,000 per domain.

Anti-Cybersquatting Piracy Act (ACPA).

Lanham Act S. 43(d) 15 U.S.C. S.1125(d)..

Comment #7

It will be interesting to see the outcome if indeed the OP is going to take this as far as he can.

I personally don't see how allowing a domain registration to lapse gives up his right to a trademark. Now how the domain was used after NameMedia caught it is going to really be the brunt of this case.

Your 10 million damages makes you look like a gold digger imho...

Comment #8

Can you please point me to a copy of your claimed TM?.

A trademark is a trade + mark. The current use of the domain is not infringing on the original "trade" tied to a trademark, if it does exist. You are going to have to prove NameMedia.com was aware of your trademark, and intentionally infringed in bad faith.

You are fighting uphill on this one, but good luck.

Brad..

Comment #9

You go into a coma, someone else gets your expired domains, you claim a $10 Million loss of income over a lifetime and don't even ask for the domains back in a lawsuit you filed yourself without first using spellcheck.

Ridiculous.

If you had gone to WIPO asking for the domains back, that would be an interesting case. This is just stupid...

Comment #10

Are you asking him about a "registered" trademark? You have to be aware he doesn't have to registar a mark for it to be valid.

Btw...just read the actual lawsuit...lol. It can't be written by a lawyer. I imagine a second year law student could do better...

Comment #11

I had a common law trademark. Purchasing a domain at an expiry auction indicates some knowledge that the domain had prior use. I emailed NameMedia attorney prior to the sale...

Comment #12

Common law trademark is something that you claim that will need plenty of evidence to back it up. It certainly does not have the impact of an actual trademark.

Brad..

Comment #13

Well..

The law ain't fer us unspelin poor folk. Juries are! Post added at 06:41 PM Previous post was at 06:39 PM Invoices on letterhead to Wal-Mart? Website archived in the internet archive?..

Comment #14

Usually when people start talking about unregistered marks it all turns to BS. If they don't have anything registered the chance of a court finding an unregistered mark is remote, it is designed to protect famous marks, not terms people who hope/wish they had some rights.

The whole case sounds like pure nonsense (we seem to see one of these crazy threads every 6 months). When someone comes to a discussion forum to promote some case they filed themselves you can be fairly they have no clue what they are doing. It is all about getting attention rather than having a legitimate claim...

Comment #15

A jury trial, even if it did happen, would be a long way off.

I am sure NameMedia.com has good lawyers and will fine plenty of motions that will need a proper attorney to respond.

This will take a lot of time and resources to fight. You have to determine if the case is strong enough to warrant putting out those resources.

Brad..

Comment #16

They sold eartheye to a mapping company in Florida and sleepspot is still for sale...

Comment #17

You need to prove NameMedia.com was infringing on your trademark. Registering an expired domain name is not usually TM infringement unless it is a well known TM used in the same manner as the TM holder.

Trademark is Trade+Mark. You need to prove that they were infringing on your trade with your mark.

I suggest you take this lawsuit to an intellectual property lawyer to get their opinion.

Brad..

Comment #18

You're watching too many movies. If this ever goes to a court NameMedia will hire a compentent lawyer and squash most of your claims. Heck I could line by line rip apart your entire suit. It's so poorly written and just full of logic problems.

I spend more time in a Mobi thread with a rebuttal than you probably did on that suit...

Comment #19

This is a real problem for you though. You are essentially trying to make the case that once a domain is developed, you own the rights to that domain even after expiration.

I have to ask you, why are you demanding $10 Million and not the domains? Why did it take you this long to pursue this? Is insurance covering the medical costs of your accident, or are you now having the come up with the money somehow?..

Comment #20

This reminds me a lot of the PrintLinks.com thread on here.

Brad..

Comment #21

I agree even if you did have a case, the time delay in between the domain expiration and lawsuit is a problem. Also the claim of $10M damages you are looking for just makes the claim look irrational and loses all credibility.

Brad..

Comment #22

I have severe brain damage and did not remember eartheye until they contacted me!.

Thanks for bearing through the paperwork. I am still unable to use or understand the software {CIRS} I once wrote. I was at one time pretty sharp. Most typed from a hospital bed or a wheelchair. Oops - I mean all of it! - and with one arm!..

Comment #23

Plenty of motions that will need a proper attorney to respond.resources.It touches the feelings of the person..

Comment #24

I slept on my rights? I did not after I remembered the domains. They sold one after knowing that I wanted it back. Damages were not actual, but are punitive, statutory, and as an example...

Comment #25

Sorry, this whole concept is absurd.

Terrible what happened to you but not at all anything to do with NameMedia.

You did not "sleep your rights away" but you are completely supposing illusory rights and damages.

Complete waste of time. Sorry. <exactly what the court will tell you, that's my answer (not an option in the "poll")..

Comment #26

If it was genuinely about the domains, you should be suing to get the domains back not some amount far higher than I'm sure you ever lost resultant of your mishap. I'm sorry that happened to you but it really isn't NameMedia's fault it's yours for not having renewed your domains for more years in advance and/or having someone take care of renewals while you were not well. Like other posters have said, I do not see you winning this case.

Why not contact NameMedia, explain once again your situation, and see if they'll sell them back for a reasonable price? That would be your best chance of getting them back if you haven't already blown that by making this public and filing a lawsuit.....

Comment #27

Well it's my time and I do not feel as if I am wasting it. The rights were trademark. The damages are my emotional distress at at having a consistent legacy with the domain name as I hope you can see now. It is hard to describe how distressing it is to remember a domain as yours when receiving a solicitation about it in the hospital and after two months paralyzed in bed. I hope the jury is not filled with domain name marketers. If the lawsuit is patently frivolous, the judge will deny my proceeding as a pauper? I can barely afford living expenses and will just try to do this alone and by myself.

Sorry but your frivolous vote will be OK. I did not even know illusory was a word. Post added at 07:51 PM Previous post was at 07:44 PM I contacted them and did not think 2600 was reasonable..

It is not about the domains. Earth Eye LLC. paid too much for it and I will ask how much in discovery. It is about the principle.[COLOR="Silver"]..

Comment #28

Well, now you do..

And it aptly describes your endeavor.

As for your comment : Again, you are making daft assumptions, this time on just what and who the people here are.

As for your "case"....

The basic fact is that you failed to renew the domain(s), for whatever reason. I understand that you were in an accident. That does not give you any recourse against NameMedia. For whatever reason, you failed to continue the registration of the domain(s). Now. 5 years later...

Yes, you abandoned them.

...and I'm sure the Court is going to be extremely impressed with your ongoing rant against the Professor of Photography at the University too... especially all your GIANT BOLDED LINKS TO HIS "P*NIS.

Look, don't get me wrong... I appreciate the fact that you are seriously messed up from your car accident... but that does not give you any standing to sue NameMedia.

Someone earlier likened this to Real Estate. Well, that's exactly what it is like. Try to digest the following scenario:.

You and your second wife buy a home. You live there for several years. You add a barn and a shed to the property. You also pay a mortgage.

One day, you get into an accident. A horrible accident. You almost die but even when removed from life support, you fight and eventually come out of your coma.

Only to find....

Your wife stopped paying the mortgage and moved out of the house. The bank legally foreclosed many years ago and resold the property.

Now, despite the horrific ordeal that you have endured... you decide that you are going to try to sue the new owners? Even though they may well be enjoying the upgrades you did on the property, you legally abandoned it back to the bank.

Read that as many times as it takes to understand the analogy... hopefully, you won't prove yourself incompetent (your own declaration, not mine... but I am beginning to agree with you) and will actually understand the real issue.

Seriously, I think you have a much better chance at suing the makers of the Geo Metro you were driving that did not protect you in the crash than collecting anything from Name Media...

Comment #29

OK, so I read your lawsuit PDF, and I think your chances are slim enough (I mean, asking for 10 million dollars is ridiculous IMO, and you did let it expire, albeit under unusual circumstances), but I think you have pretty much a 0 chance unless you hire a lawyer to write more professionally and fight for you in court...

Comment #30

Earth Eye LLC ?? That's your first mention of a business entity. Was it actually an LLC and registered?.

I think you have some grounds for a suit but you're going at it so poorly it's bound to fail.

And this is not like property. A domain is a virtual item. More like if you write a book and go into a coma and someone finds the book and publishes it under their name. Then when you get well they say you can buy the book back for $2600. This isn't property. Propertly has built in rights like title deeds that clarify ownership. Domains are very different...

Comment #31

That is not his company from my understanding. It is the name of the company that bought EarthEye.com.

Brad..

Comment #32

I am sad for the ordeal you have endured my friend but knowing law like I do in this industry you do not have any chance sorry. Sure pursue it if you feel you have to but not asking for your domains in the first instant in the PDF and going straight for the jugular with the 10 million claim really is not the sensible way to go.

Seriously to win this you will need Jonnie Cochran as a lawyer but I dont think his saying "If it doesn't fit, you must acquit" will work in your case.

I truely wish you well though and hope you can move on from this and continue with your work some nice photography there...

Comment #33

He might have been better off suing for $10k and hoping that NameMedia wouldn't bother defending it...

Comment #34

Ya this didn't won't help your case.. Why wouldn't you want the domains back?..

Comment #35

I think suing for $10,000,000+ is a quick way to get a lawsuit thrown out. If I were you, I would have tried to calculate exact damages and presented a industry-standard valuation that would make it hard for NameMedia to dispute.

Best of luck, I'm glad you made it out of a coma! Most people don't.

...

Comment #36

This is a hell of a lot more like the property analogy than the "found manuscript" analogy... please...

Comment #37

Based on what? Your opinion? Domains are not property. That's just the truth. Find me a single court that has ruled domains are property. At best they are intellectual property but in truth they are a contractual rights. Domains are owned by the registry and leased via contract to the registrant. The rights of a domain owner are a lot less than someone that owns property and it's why the major domainers are dying to change that...

Comment #38

A time line from eartheye.com from 1997-2009 Go see NameMedia cybersquat on eartheye.com and SleepSpot.com The previous linked file is to much data to post here so I will let you go look or not look..

This thread will keep going for a while.

I appreciate the comments. Even the negative ones. I probably enjoy them more anyway.

To me this is NOT about just the two domains.

This is about the principle of a HUGE domain company that disobeys the law toward a poor person while knowing the poor person is brain injured and is very upset..

The ten million dollars is only enough to ensure that a company that makes three times that each year is PUNISHED severely for their actions and makes a definite change in how they operate.

Since this is about the PRINCIPLE, there are things I am doing that will accompany my legal activities.

I am starting an anti-NameMedia operation that tries to make sure any search involving their name comes across me and my dealings with them. They can't return eartheye.com. I talked to Earth Eye LLC. in Orlando Florida about the domain. I have emails and letters from their attorneys. I am going to concurrently use the eartheye name in my promotions.

With no legal action involving Earth Eye LLC., I can use the term enough editorially for my art that they will be ill-served to use the domain for their mapping company. Earth Eye LLC. will eventually need another domain that does not have a dozen year association with me and the presentation of the nude human form. The past can't be edited outside Iran. It is already a fact, Any search for eartheye will lead you to me and my legacy with the human figure. Go look.

While you are at it; Look for "NameMedia cybersquatting lawsuit", eartheye, or Erik Zilinek on ANY search engine. I will save you time on my two favorite..

Yahoo: "NameMedia cybersquatting lawsuit", eartheye, Erik Zilinek.

Google: "NameMedia cybersquatting lawsuit", eartheye, or Erik Zilinek.

Search engine optimization or manipulation are a gift of mine or a curse..

They broke the law! No question in my mind..

Is their a statute a limitations for the laws they broke?.

What about all the men abused by catholic priests twenty years ago?.

Any existing limitation regarding a time limit will be tolled by my expert witness testimony!..

Comment #39

No offense, but comparing this lawsuit to kids who were molesting by priests is pretty ridiculous and insulting.

Brad..

Comment #40

Curtis, you are only proving your own incompetence with every word you type.

Your claims are completely without merit and every action you take only supports that view further...

Comment #41

Sorry about that but, I was not comparing this crime to the abuse by a priest. I was comparing the passage of time when a recovered memory is involved.

Perhaps I could have said that better?.

I have already been in court regarding my incompetence..

I am now my own guardian...

Comment #42

NameMedia cybersquatted my domain. I will sue!.

Everything on that page is using the namepros redirect. You should rebuild it.

And with every post imho you are sounding more and more like a loon. I am sorry you had such a terrible accident and maybe that's why you're having these difficulties expressing.

If you think you're going to gain a lot of sympathy here I think you're in for a surprise...

Comment #43

This thread is making you look worse and worse..

And I thought there were things litigants couldn't discuss publicly until after court?.

I agree with just one recurring statement,.

Suing for 10 million dollars will be seen as an extortion attempt and greatly damage your case.

Congratulations on the strides you've managed in the face of adversity,.

And best of luck...

Comment #44

Being a Vegas resident I gotta comment. If you get a lot of three's and eight's then it's not about how you play it's about the game you play. Switch to Blackjack and you can double down all day long with that hand.

Hehe...but overall good post about moving on...

Comment #45

I see it as an opportunity as well. I do not see a crap hand. With my TBI, I have no memories of things to miss doing. -{like walking etc.} www.CurtisNeeley.com has a BLOG. www.Groupf16.org A small group, but so was the one with Ansel..

My nude art photos and book are now at www.figurenude.com.

I do nude art but those I love do not approve of nude art..

You may also see my art at Wikipedia. {Figure Study, Nude Photography, Art Nude}.

My Wikipedia User Page.

All the photographs were done after my retirement on all the sites except for seven photos.

Anticybersquatting_Consumer_Protection_Act.

================================================== ====== * the trademark owners mark is distinctive or famous;.

It was distinct enough that to this day any search for eartheye will return a link to my photography. Seven years after it was bought from the cybersquatters called NameMedia. A jury can decide how distinctive and famous they feel they are. * the domain name owner acted in bad faith to profit from the mark; and.

It was bought to be put in a"warehouse" of names for sale. It was never used for products or services. * the domain name and the trademark are either identical or confusingly similar (or dilutive for famous trademarks)..

**IDENTICAL**.

================================================== ===== I will file a motion for summary judgment leaving only the damages to be tried by the JURY.

I will watch this thread and post new information as the court rules or as I file. SleepSpot.com is still just for sale. It does not simply say "this domain for sale" anymore after they lost so many tribunal decisions based on this alone..

It will not be hard to see in the network solution WHOIS search that it is still for sale..

They run advertisements on it now to money-ize it..

It has been for sale since the day they bought it!.

See it when it was being used in bona- fide commerce. 2001.

Domain servers in listed order NOW!:.

NS.BUYDOMAINS.COM THIS-DOMAIN-FOR-SALE.COM.

************************************************** ********************.

************************************************** ******************** "Jurors you can see projected here a website that shows the Plaintiff using these trademarks to sell. In one he was selling art prints and commercial photography. On the other trademark the Plaintiff was selling hotel and Bed and Breakfast "Spots to Sleep" or software use that allowed the properties to do the same. Now if you will note in these projections of sites that the Defendants had using these trademarks were simply attempts to sell the trademarks to the Plaintiff or another party for a profit. Now you see here in their IPO filing that they regularly do this. They have made it the normal business practice.

I contend that NameMedia's normal business practice is to cybersquat. They make selling domains out to be selling property. They call their cybersquatted marks "real estate" and, since they are "squatted" on them, you must pay the ransom they demand.

Sure they already sold one on Plaintiffs common law trademarked domains to a new business that recently filed a trademark on the domain. The Plaintiff did not remember his marks until contacted by the Defendant due to a brain injury. The Plaintiff's injury was so severe that he is unable to understand or operate the SleepSpot software. He has chosen a new name for his nude photographs that is more descriptive of them and more obvious.

The Defendants will -of course, say they did not realize a prior use of the trademarks. It is hard for the reasonable person to believe that claim when the trademarks were purchased at an auction when they expired. They expired while the Plaintiff was an incompetent. A company that recently filed a 172.5 million dollar IPO and then retracted it was so careless that they would proceed to buy a trademark without searching for it's prior use? I find that hard to believe.

You will see here as I project an exhibit of the dialog between the Defendant's legal council and the Plaintiff proves that they were very aware that Plaintiff felt that he owned the trademark and also offered a domain for it. The Defendants were also aware of the Plaintiffs disability. Knowing this data, Defendants proceeded to sell the Plaintiffs trademark to a start-up in Florida for a huge profit.".

Domains and trademarks are not real property. They are protected as intellectual property and the Defendant tries to treat them as real property. The Plaintiff says that this should not be thought of as the next "land grab" where by squatting on a domain and putting up a few signposts you can make it yours. Especially if you are a big powerful squatter that is well versed in squatting. Modifying your mass of squatted property enough to rebut any rational you encounter adversely during another complaint.

You will see on this exhibit that the Defendant lost a domain in a dispute because a parked domain with only a for-sale notice was found to be sufficient evidence of bad faith. Here you will note this is all that was on the Defendant's pages as you see them from the Internet Archive for years. You will note also that one trademark that was once only a for sale sign is no longer mentioning being for sale on the site. Wow, the Defendant has a staff of signpost detail workers that scrub their parked pages of for sale postings. *Poof*.

You will then see in this projection that the Defendants name servers listed as of July 28, 2009 were NS.BUYDOMAINS.COM and THIS-DOMAIN-FOR-SALE.COM! How dumb must the Defendant think the rational juror will be. The tribunals that felt a for sale page was demonstration enough of bad-faith were then dumb enough to ignore these strategically hidden for-sale notices repeatedly? I ask you to punish the Defendants severely and order the Defendants to pay a large portion of their income to the Plaintiff. The actions by the Defendants were malicious and the damages were intentional.

The Defendant tries to compare domains to real estate, and has profited greatly by doing this. The Plaintiff says that in this case a much more fitting real-world comparison would be to compare the domains to pets. Eartheye.com filled a place in the Plaintiffs mind as a good hunting dog he used to hunt clients. When Plaintiff became incapacitated and stopped feeding the hunting dog the Defendant caged him and fed him. The Defendants did not take the dog hunting for anything. The Defendants simply capitalized on the dogs reputation.

It created emotional distress for the Plaintiff to watch his long-time hunting-dog sit chained in a cage. While seeing his old friend fret in the cage, Plaintiff received repeated offers to purchase the dog back. When the Plaintiff could not afford to pay the ransom, the Plaintiff watched the smug kidnappers sell the dog to other hunters.

I ask you to PUNISH the Defendants for ransoming the Plaintiffs pets and then selling one to others and keeping the other penned and for sale as we see today.

These actions were intentionally done to inflict emotional distress to the Plaintiff..

The Plaintiff asks you to award 10 million dollars to punish the Defendants. This is a big number, but will be a tiny fraction of the Defendants annual profit. Do this as a demonstration that being huge is no excuse to treat the common person so.".

++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++..

Comment #46

Curtis, you need to take your single mindedness to task at something that could actually work.

You have no case. Domains are not trademarks.

But obviously it may take a judge to tell you this... so be prepared for him/her to make the summary judgment - against you. Also be prepared to settle any claims that NameMedia may likely make against you for your careless, and possibly libelous comments as well.

We've tried to warn you, but you won't listen.

Why aren't you suing your ex wife for not paying the renewal bill for the domains when they came in? That's about the only legitimate complaint you can make... and even that seems ridiculous...

Comment #47

Curtis, I suggest you contact an attorney with experience in this type of law such as - John Berryhill.

You need an objective view on this lawsuit and it's actual merits. You refuse to listen to what anyone on this forum is telling you, and many of the people here have experience in domain law.

Brad..

Comment #48

Then you need to find some new friends. There is absolutely nothing wrong about nudity. If God wanted us to wear clothes, we'd have been born with them on. Your figure photography is pretty good.

I agree with the comments here to the effect that you would be much better served by pursuing things that are creative and productive...

Comment #49

Thank you so much sir for your comment about my photography. I have absolutely no friends, by choice, who disapprove of my photography of the nude.

There are very many whom I love that do not approve of my portrayal of the figure. I did not choose to love them. It is the only fundamental disagreement I have with them. I was born naked and still value the love of the family I was born loving although we disagree on this. Talking about God's take on clothing?.

God intends for us to wear clothes. He made the first clothes to cover our bodies to protect our weak minds from our sinful nature we acquired by choosing to sin. He did not have us grow coats of fur. Would you not think that God would remove the need for clothes instead of killing animals to make clothes? He did not choose to cover us with fur because God did not want to remove the ability for choice that He had given originally. Although our minds had expanded and we knew good and evil, the choice to love and obey had to remain.

God created us and everything around us. He created all+! The fossils and other evidence that would lead to the theory of evolution were created by him. Why? For EXACTLY the same reason he gave us the option to remove our clothes instead of our growing fur. So that we COULD choose to believe or choose not to believe. We were created so we had the opportunity to CHOOSE to love God.

God made clothes so we could choose to think of sex and lust or choose to appreciate his masterpiece without the eroticism when our minds should be thinking of other things. Sex, eroticism and even lust are not evil at all times. There is a time and a place for even these. God enjoyed looking at the first woman naked himself!. She enjoyed the idea of God naked. Eve loved God and she now felt lust for him as well as for Adam.

Adam loved God but felt the first jealousy ever. They were the first to feel naked and exposed.

Eve knew that she was the most attractive female in the world. She realized her erotic power. We have the same opportunity that they had. We are born naked but as we age we realize the need for clothing. As we age we become aware of thesexual potential. We can choose to be naked and appeal to the animalistic and sinful tendencies of others or remove that potential lure to others.

We can do this, but it is a challenge.

I am one of the best photographers of the figurenude. I am by no stretch of even my most grandiose and egocentric imagination - the BEST. I have done the best book of figurenude photography in the history of the art of photography. I also did the worst. It is the first book of only figurenude photography that has ever been done. It is the only book of figurenude photography in existence that I have heard of.

I consider all seventeen of the other photographers at www.figurenude.com to posses skills that very often exceed mine in presenting the figurenude. Many others also have done books. One has several covers of Vogue, GQ, Vanity Fair and Newsweek magazines. I hope to see another book of figurenudes by one of them. Getting back to my hopeful lawsuit against NameMedia for cybersquatting and intentional infliction of emotional distress....

Eartheye.com was a website that had a volume of UNIQUE visitors that caused it to become an expense. At one time it was costly due to unwanted bandwidth. It was at times a costly "vanity" publication of mine. As cheap as bandwidth is, it is easy to see why it's residual traffic after the expiry auction made it valuable.

Ignoring all the IPs that requested only an image or ignore all image file requests, my CurtisNeeley.com site got 171 unique IPs in the previous 24 hours. 6 of those visitors followed a link from the NamePros domain as a referrer. Two visitors from the first page of the thread and one from each of the second two. One clicked on a bio in a posted link and another either came from my profile page here or a track-back link. The redirecting of internal post links makes the exact location of the click difficult to identify.

If I allow all request to be counted there are 253 UNIQUE IPs.. 59 UNIQUE IPs came from a referrer with BLOG in the URL. Filtering out all the image files from those 59 visitors leaves only 4 visitors and one of those was from here clicking a redirected URL from my lawsuit link to my notoriously unspeltd pdfIt is on a BLOG. My blog.

Figurenude.com only received 49 UNIQUE IPs in that same amount of time. It will reject any request for only an image file from another referrer. Not even Google's image engine any longer! The host for my personal site is not quite that robust. Figurenude.com will not allow image hot-linking to prevent theft of services in the BLOG happy world we live in. That would lead to exactly the same hosting expense issue eartheye.com one had.

I am brain damaged as I have mentioned and demonstrated elsewhere in this thread..

Almost the entire domain name business operates on a principle that is counter to the idea of truth in domain names. While not fooling visitors into viewing sexual material the entire "parking" and "monetizing" ideas are misleading. Time to start a "A Real Truth in Domain Name" special interest group. If the entire use of a domain name is to create advertising revenue then it will not be allowed when I am done.

I can't believe that "PARKING" is still legal. It will not be when I am done. See, here I go being odd again. An amendment to the truth in domain names bill will be all that is required. I will start focusing some of my energy on talking to politicians..

A "landing page" is a deceptive page...

Comment #50

Curtis, I don't think adding super size font is doing much for your case.

Now you are on a crusade to get $10M in damages and change laws? You are just wasting your time at this point.

John Berryhill is probably the most respected domain lawyer. You should really listen to him.

Brad..

Comment #51

Yes, you keep making that painfully obvious.

Curtis, seriously... focus your energy on something constructive. This isn't worth your time and/or energy as it will most assuredly not get you anywhere...

Comment #52

Curtis,.

By looking at your site and previous sites, you ARE talented, but...

Jberryhill is THE MOST knowledgeable, respectable and successful domain lawyer..

You should reread his post and listen to him. He knows what he's talking about. Humm....

I have nothing to say about this part..

Comment #53

Thank you sir..

I believe that what is accepted today by even the successful is agreement on rules that do not follow the letter of the law as it is written.

TITLE 15 > CHAPTER 22 > SUBCHAPTER III > 1125.

This is an action to recover for intentional emotional damages that NameMedia ALREADY caused me and profited by. I am asking for punitive damages because the actions were and are still intentional.

I was contacted by their sales and their attorney BEFORE they sold one of the cybersquatted domains. The other is still currently for sale.

I feel I was robbed of common law trademarked domains and was distressed intentionally..

This is not about recovering the domains. It is about demanding the cybersquatters be punished. This may amount to absolutely nothing. I refuse to let a single person stop my quest for justice. No tribunal, judge, or law clerk regardless of who has accepted their rulings in the past. A jury of my peers is demanded and a constitutional provision I will require.

Not for demand for a domain!.

I believe I will eventually get relief from a JURY. I am getting relief HERE and HERE already...

Comment #54

Sure, a jury would possibly sympathize with you for being brain damaged but they also have to follow the law... and under law, you have no case. Because you have no case, you'll never see a jury.

The judge will tell you that right off, too. And that will be the end of it, you'll not be wasting the court's time after that and you won't get your precious jury to try to invent new laws because they feel sorry for you. It just won't happen...

Comment #55

Indeed.

I think that the purpose of this thread is to get attention... it's full of hot air..

Curtis, everything you post only gives more ammo to Enom. Seriously, everything you write can be used against you..

Enom are not stupid, they can use google and find this thread.

Also, I don't see how one can claim common law 'trademark' rights just based on a casual website. If you had an active corporation that enjoys some notoriety then maybe things would be different.

Your lawsuit sounds like a conspiracy theory novel. Tens of thousands of domains expire every day, for many reasons. Enom did pick your domains because they perceived they had potential, not because of your personal situation (that they didn't know about in the first place...).

If your purpose is to pressure Enom with your lawsuit, be careful as it could backfire. I personally think that you wouldn't even prevail in a WIPO.

Good luck to you...

Comment #56

I'm sorry for you and the accident, but this lawsuit is such a waste of time. There is absolutely no TM infrigement. It is VERY difficult to prove emotional damages, and quantify ($$$) them. If the domains were not renewed it is your fault only - most registrars offer auto-renewal option.

Better spend your energy on something else IMHO..

Good luck...

Comment #57

"These actions were intentionally done to inflict emotional distress to the Plaintiff.".

I doubt this case will even get a jury lol...you make it sound like as if BuyDomains knew who you were, did it on purpose just to piss you off. They are a company out to make money, and there's nothing more to that. You have no trademark just because you owned the domain.

"I can't believe that "PARKING" is still legal. It will not be when I am done".

And you're going to get rid of parking? Good luck. I suggest you tone down your ridiculous confidence though...

Comment #58

ENumb has nothing to do with this, this is NameMedia, BuyDomains.

...although all your observations are accurate, just the wrong company. way past the fine line between confidence and arrogance I'm afraid.

=============================== Word Mark EARTHEYES.

Goods and Services (ABANDONED) IC 040. US 106. G & S: slides and/or prints, mounted and/or unmounted. FIRST USE: 19881108. FIRST USE IN COMMERCE: 19890210.

Mark Drawing Code (1) TYPED DRAWING.

Serial Number 74096270.

Filing Date September 12, 1990.

Current Filing Basis 1A.

Original Filing Basis 1A.

Owner (APPLICANT) Nollmeyer, Brenda DBA Eartheyes INDIVIDUAL UNITED STATES 4 Franklin Valley Circle Reisterstown MARYLAND 21136.

Type of Mark SERVICE MARK.

Register PRINCIPAL.

Live/Dead Indicator DEAD.

Abandonment Date September 10, 1991.

Curtis, using your logic this woman should be suing you for the rest of your limbs!.

SHE even filed and had a Registered TM.

Guys, I know this TM is dead. She failed to respond to something from the USPTO office. I know she'd not have a claim either..

That is my point...

Comment #59

Thank you for the attention. It was not a "casual site" and laws are not only to protect corporations are they?.

See an example of my COMMERCIAL photography. I once used eartheye.com to gain work doing commercial photography. I have done work with the biggest corporation in the world at one time. There is only one active link to this example on my site now. I can see how you might have missed it. The above is at a Google search result for Curtis Neeley Commercial Photography You see it at the domain I once offered for eartheye.com or OzarkPhotos.net Yes, but they were aware of my prior COMMERCIAL use before ever selling them as can be seen HERE.

OH my ! Really - - Think they might Google Curtis Neeley NameMedia?.

What was I THINKING? I must be almost an incompetent.

OH DEAR. All that ammo......

I appreciate the good luck wishes. I look to be needing it. Post added at 05:01 PM Previous post was at 04:42 PM EARTHEYESHe was using the wrong company name and you were using the wrong domain name. EARTHEYES is a little off eartheye.com.

While I enjoy all the attention around Eartheye. Eartheye was recently filed this month as a TM by Earth Eye LLC.

Why are we ignoring SleepSpot?..

Comment #60

Curtis, lose the patronizing tone.

You're not "almost" incompetent, you are certifiably incompetent if you keep this up.

And the bolded "Thank you for the attention." just screams INTERNET TROLL, which really seems to be your focus at this point.

The extra "s" on the eartheyes TM makes no difference in reality. The fact that TM was directly related to the goods/services that YOU, and you alone have declared a sovereign right to the term for (even though you refuse to file or challenge other filings) makes YOU the infringer under your own ridiculous logic...

Comment #61

OK I will just shut up and watch this for a learning process.

Have fun. I will post once to let you all know when I am thrown out on my ear.

I applied for leave to proceed without filing fees.

Although I was already conditionally allowed to proceed, the judge will now just throw this out and not waste the Court's time. Maybe NameMedia will sue me? Internet Troll -? Maybe it is all I am...

Comment #62

"EARTHEYES is a little off eartheye.com".

Plural vs non plural lol...They have more of a case than you do...at least they had a registered TM..

Comment #63

Because regardless of the bogus claims at the top of the archived page, there never was a TM for that phrase...

Comment #64

Well, for one thing, Curtis, you didn't mention it in the civil complaint you filed.

So, it's pretty much a safe bet the court is going to ignore it too. From what I've seen of your work, you have justifiable pride in it.

Now, I'll tell you one of life's little secrets that I almost learned too late in life - Go with what you are good at.

Now, some folks here are picking on you because there is no question that your circumstances have rendered you a little on the eccentric side. I've known others with brain injuries, and I don't know if everyone here understands the profound effect they can have on personality.

But, on the other hand, it is absolutely clear that whatever the results of your condition, you are a remarkably creative person, and certainly don't look at things the way a lot of other people do. I may be crazy too, but I think that gives you something of a creative edge, and I'd be fascinated to see what you could do by applying your unique way of seeing things to your art.

But, seriously, this lawsuit thing is going to be a waste of time and a source of negative energy for you...

Comment #65

Thank you very much sir, but you will see sleepspot in paragraph eight.:.

8. Plaintiff contends that the Defendant never had any legitimate interest in the disputed.

Domain names eartheye.com or sleepspot.com.

Maybe I did not emphasize it enough, but I did mention it...

Comment #66

...

(EDIT) Replied to wrong thread page post sorry...

Comment #67

Sigh....

You didn't mention anything about having a claim to it yourself. But, that is hardly the greatest of the many fatal flaws here...

Comment #68

Maybe, especially if they see you have assets worth going after and if they've got an enforceable claim. OTOH, they might even ignore you altogether if they really think the judge will toss your case out anyway.

If that happens, it'll likely frustrate you even more. Maybe rechannel that to something more productive and fulfilling, as the others suggested?.

Doing something more productive and fulfilling doesn't include trolling, though. But feel free to post here if you indeed have updates on your case, even if it doesn't work out...

Comment #69

Once you do business with a website, or try to use it in commerce, it is yours. Yes, that is what I think will be established. Domain renewal costs are trivial and by not paying them you are not giving the rights up to use the domain to the first cybersquatter to kidnap the registration.

One domain was already sold to a company that just also filed a TM on it. They have not acted to intentionally harm me. I have already "talked" to their attorneys. Due to my brain injury I am not able to understand how to run the sleepspot software as I once did, however, I could sell the domain. That is about all they are doing with it now.

My medical bills over the last seven years have been greater than three million. It was paid by insurance but they then took my settlement from my suit with the other driver. I was in a hospital or nursing home for much of the time since. I do not remember much of my life prior to my wreck and "recovered" my memory of my use of the domain after a direct offer of my previous domain from BuyDomains. I have been trying to recover it out of court for longer than the two years I have proof of...

Comment #70

Wow it's amazing to me that out of your whole life you just recovered your memory about a domain...

Comment #71

They sure are. As you can see under the votes above -.

"David at NameMedia".

Curtis, if you are really serious about this lawsuit, you might want to quit posting things on a public forum that can be used against you in court.

Brad..

Comment #72

If you are really pursuing this lawsuit Curtis the last thing you want is NameMedia knowing what you have and what you are threatening them with. You should keep your mouth shut and not speak to anyone about anything aside from your lawyer(s). Anything you post in this thread is public and can be used against you. I would definitely refrain from posting anything on here that you don't mind their lawyers seeing and using...

Comment #73

"or TRY to use it in commerce"??? get a clue.

"I've lived in this leased house for 5 years. I've run my lawn care business from it. I've repainted it and built a new shed.

My lease payments are trivial and by not paying them I shall not be giving up the rights to MY house.".

Yeah, like THAT'S gonna fly.

Dude, you abandoned the domains. You have no TM rights at all to them. Domains do not equal TM's. By your own logic, the woman who DID once have a REGISTERED TM for EarthEyes should be suing you. You are not even opposing the current TM applicant that owns eartheye.com.

Completely absurd...

Comment #74

Curtis,.

Do not PM me and try to tell me what I can or cannot say.

I'm not "wrong" either... but go ahead and find out the hard way.

..and no, I do not "win" either way. I have no horse in this race. You came in here and tried to garner sympathy and support for your absurd complaint and found very little. Instead of considering any of the feedback you have received, you are now trying to "silence the opposition"... which is ridiculous in itself as all we've been trying to do is help you. Yes, by telling you how futile an endeavor this is - we are trying to save you from yourself....

Clue- the Registrar DID send out notices that the domains needed renewal. For whatever reason, they went unanswered. Doesn't matter that you were in a coma... unfortunate, but true. Your wife could have taken care of things but she didn't. I'm sure she was too busy trying to cope with what had happened to you.

And in the house leasing example I gave? No. You do not still have rights to either the property or any recovery due to you for the improvements you made. Go ahead and look it up. You don't renew the lease, your rights are terminated. Period. You are given notice and that's it...

Comment #75

1/ If you are going to manipulate traffic to your site(s), at least get some PPC ads up and running.

2 / Regarding your suit, hey last time I checked, we were still the good ol' USA. If filing suits are going to keep you sane, file away!.

3 / For whatever reason, God spared your life. Re-read the USMC doctrine and go something more constructive.

Semper Fi..

Comment #76

Fascinating thread. I won't comment on the legal matter, but I do wish the best for Curtis going forward, quite an ordeal he has gone through and he is a survivor...

Comment #77

A side effect of some brain injuries can be a diminished ability to distinguish between small details and the big picture. If that is in play here, it would explain the relatively small loss of his domain being worth $10 Million to him instead of moving forward on a new one...

Comment #78

"He who represents himself has a fool for a client.".

Abraham Lincoln.

I'm not a lawyer and don't even pretend to be one on TV. This case has more holes than swiss cheese though, and a competent defense attorney will probably get it dismissed as frivolous without even selecting a jury. Yes juries can be won over by emotions (O.J?), and worse cases have been won. Probably not by people representing themselves, though. Courts and Judges are very picky about protocol, and won't tolerate many mistakes by an amateur. Attempting a $10m case like this by yourself is like fighting WWII with paper wads and a drinking straw.

That's how we ended up with such a litigious society and the highest per capita number of lawyers in the world. If it's truly about principal and not the money, then sharing the win with a competent attorney should be no problem, right?.

In a civil case like this the pro se plaintiff will likely either be eaten alive by the defense attorney, Chewed out by the Judge on procedure, or made to go broke by the discovery cost and time involved in depositions. Expert witnesses aren't free, and the defense attorney has access to the fully searchable past case histories of Lexis-Nexis to support their case law, compared to google for the plaintiff. IMHO, I don't think it will even go that far though based on the timing and limited "facts" presented here. Good luck though, ...you'll need it.

I also find it strange the OP would seek help here seeking to make parking illegal when probably 99.5% of the people here park their names for legitimate income from legit businesses. Even developers will park names until they can get around to developing, and it has been legitimized for years. Then further to get worked up about the answers received from pseudo peers of the defendant. We all hate buydomains, but it's only becuase they pick up names better than we do that we wanted ourselves. It would really be ironic if NameMedia hired Mr. Berryhill for their defense team. It's not out of the realm of possibility.....

Comment #79

Shortened........

I do not mean to simply offend. I suspected that forum readers were mostly 'peers' of NameMedia. I realize that many here park domains as their primary business. I know David @ NameMedia reads every post here and I can validate his visiting. How is this? I sent a PM to him with a LINK to a settlement offer. The page was a web page functioning exactly the way Yahoo and Google and others use web beacon images.

I have been "worked-up" about this issue for years. The side effects of a TBI are many. I tend to be self-centered, narcissistic, and tactless. I tend to become fixated on issues that others would not. It was estimated that my IQ was reduced by 100 by my TBI. This reduction is impossible based on my latest test.

The Abraham Lincoln quote may fit too well. If I had toes they would be stepped on. It is about the PRINCIPLE to me. I refuse to allow anyone to ever take advantage of me again because of my incapacity or these domains. NameMedia was unjustly enriched by cybersquatting my domains. I do not want to also help make society more litigious by allowing NameMedia's cybersquatting to enrich any attorney! Just me!.

I can't even fix the spelling errors that were pointed out here in my complaint. My complaint was already filed. Case Number:5:2009cv05151 Filed:July 22, 2009.

My Swiss cheese is now publicly available Swiss cheese. { RFCExpress} sells it as a download. I wonder if they added the case number? I did not. My Swiss-cheese complaint. I intend to relish watching NameMedia gasp and sputter as they choke on my Swiss-cheese sandwich. Say my complaint is full of holes? A challenge.

I would prefer this be treated as a crime. I see here several saying I should just get another domain and carry on. I have done that. I refuse to let NameMedia go unpunished. Any search of NameMedia and any of cybersquatting, lawsuit, Curtis, Neeley, or a host of other words will lead you to my complaint. It will not matter which search engine you use!.

I do not feel that candy.com should have been valued at 3m. I do not feel any of the domains that sell for millions should! The domains that operate like sleepspot.com is operating right now should be illegal. They are a deceptive business practice. Several here may declare and a tribe - you - nal may agree that a parked page that attempts to take advantage of visitation as a PPC income farm is legit.......|||.... It isn't. Google is considering a 'blacklist' of parked domains that only attempt to sell PPC ads.

This decision will only increase the value of their advertisement offerings. The have a cause and standing to sue NameMedia and any other 'parking' entity as well. AdBlockerPlus is going to beat them to it, abd I hope with my help.

I once was a programmer. I can't remember enough of the languages I once used to write software. For my next gig; I would love to see a blank screen presented with a {PPC-site} notice button you can acknowledge and visit the site anyway or view the site and vote your opinion about the parked site. See it demo'd. HERE! you will see the way a browser using ABP+ will see a site after it is reported by a "trusted" number of reporters of the ad block 'park' plug-in. You will see the site barely through a blocking graphic deflecting any clicks.

When you look, you will have a button to register or vote your opinion. Just done as screen shots of my testing the software adaption. I can't write software, but I can adapt it.

You guys get to see it first as I start to rid the internet of PPC farms. These are otherwise known as "money - ized" domains or "parked" domains.

Probably almost all of you will wish NameMedia did not cause this by what they did to me...

Comment #80

It's tough to reply to what you have said. But this particularly struck me:.

" I intend to relish watching NameMedia gasp and sputter as they choke on my Swiss-cheese sandwich. Say my complaint is full of holes? A challenge. Berryhill or ANYONE point just one hole out besides spelling, grammar, etc.".

Your case is not going to even get a jury. You make it sound like you are the second coming of a Roe v Wade or something and are going to permanently change America. Sorry, but nothing is going to happen, and you will most likely be lectured by a judge. One hole? How about the biggest one: you have no legitimate claim to your self proclaimed trademarks...

Do you even read what people post btw? They have been pointing out "holes" the whole time..

Comment #81

For the record, I hope you lose and they sue to recover costs, attach your wages and make YOU pay for this gesture of idiocy.

Sorry about whatever circumstances caused you to lose your domains, but it's your own damn fault..

If they were that precious to you, you should do what everyone else does who owns property that requires annual taxes/renewal dues/fees of some kind. Make sure that you have someone with power of attorney who can secure your interests in the event something like this happens. I certainlly have such a person who has the authority with my real property and my domain portfolio. You didn't and are now complaining about it.

If grandpa dies and his distant children don't bother to pay the taxes on his house, they lose it. They can't come back two years later and tell weepy stories about how hard he worked for that house, how it's 'rightfully theirs', etc. The rules that you fell subject to were in place when you decided to buy a domain name. You're now trying to argue against them.

Like I said, I hope you lose and to prove a point, I hope the screws are put right to your thumbs for trying to pass off the consequences of your own mistakes onto others. I sure wish I had gotten these names and you had sued me. You'd get a badger in a bag and I would be ****ing honored to have my name attached to this precedent...

Comment #82

This thread has been quite interesting to say the least. But so far my favorite part is "I do not mean to simply offend. I suspected that forum readers were mostly 'peers' of NameMedia.".

The only reason I find this funny is because a majority of this crowd does not feel like your case stands a snowballs chance in hell and your deflection is to assume that they are peers of NameMedia. The people who commented did so to save you further trouble and grief. You posted your strife to a public forum open for everyone to discuss which you did so of your "own free will." Assuming everyone is against you because you don't like what they have to say leads you down a path with blinders on.

Domainers/Investors and the like are pretty much like a family and a great majority of the users here are always more than willing to help out a "new friend/member." What is being said here isn't to spite you but to point out that you are viewing your case with tunnel vision. The money you spend chasing/attempting this legal battle could be better spent living the 2nd chance you were given.

I also looked at the car posted on your site and I agree you are very lucky to be alive. I'm not going to tell you to stop chasing/pursuing your legal matter if you feel it's best. However please don't categorize everyone as being "peers" of the company you felt did you legally wrong just because people are providing their input even if it's not the answer your looking for...

Comment #83

Uh huh.....

Who do you think pays the parking companies for that same traffic?..

Comment #84

This thread reminds of another one...what was it oh yes "GoogleEbear" anyone?..

Comment #85

You posted in a domain forum so this would be a good guess, the equivalent would be me going to a photography forum saying photography sucks, probably not gonna win many friends. no argument... If this was about principle you would donate any possible judgement to charity. It's called an amendment which you can file to correct items and spelling is of your least concern, another note for ya this isn't the first time they have been sued nor will it be the last so I don't see what is so brilliant or makes you feel this is groundbreaking. And I think it should be illegal to buy art from a photographer like you for $1,000 cause I could just buy a cheap camera an obtain better results than you with zero training. Google has adsense for domains and also powers sedo, namedrive, fabulous, domainsponsor etc...

At least your consistent on being late, duck duck go search engine is already way ahead of you, and like anything else if you build something enough people don't like or it takes away enough $$$$$ you will be drown out with DOS attacks until you can't survive financially and have to put the program back on the shelf.

I initially felt bad for your situation but after the I'm God I'm suing someone and the blanket statement of all domain sales/domain parking should be illegal I hope you get your ass handed to ya in court, no offense just keeping it real...

Comment #86

LMAO I'm sorry before I kind of was on your side but now... Who do you think you are the king of the world your ideas are ludicrous and really now I hope and guarantee you will lose.

Thanks and goodbye I'm out of this convo...

Comment #87

Curtis, no offense but you know nothing about the value of domains... not even your formerly own. Mind you, they are not worth $10 million..

I doubt your anti-parking stance is going to get you any sympathy here.

It's not that I am apathetic to your story, I have lost names in the past through negligence or complacency (my own responsibility or the lack thereof), but nobody is responsible for your hardship..

A real world analogy: if you don't pay your phone bill, whatever the circumstances, your number will ultimately be disconnected and possibly reassigned to somebody else. Would you sue Ma Bell ?

I would suggest that you pursue a more productive route and negotiate an arrangement with Buydomains. I have dealt with them on more than one occasion and they are reasonable and professional. Or do you enjoy being victimized like the printlinks guy ?

PS: Buydomains is still reading this thread..

Comment #88

I lost three of my favorite ultra premium LLLL.com in 2007 from a combination of being sick, and not paying attention. I had owned these domains for 7+ years. I tried to buy one of them back last year for a good amount of money but the owner rejected. Lesson learned.

On the bright side someone I know well on NP is actually using one of the domains I lost for their WWD domain reseller, so at least it went to good hands.

Brad..

Comment #89

OK eartheye is gone but sleepspot.com could be bought right now for $2788 and even less with negotiation. Personally I would buy the domain back and be done with it. I have recovered most of my former domains just by paying some money. http://img406.imageshack.us/img406/3236/64381604.gif.

Sounds like a much better investment than funding an improbable lawsuit that you are bound to lose, and that could even blow in your face... IMO...

Comment #90

Dude. Posting this stuff on the web just feeds people's claims that you are incompetent. Also...if the average IQ is said to be around 100, and you lost 100 points, you must have been really smart in the beginning. Say you were around 150 (almost a genius), then your IQ would have been that of a dolphin or something...just saying. I hope your IQ has been recovering...or else no is going to take you seriously...

Comment #91

I doubt a judge will dismiss the case.

Whether he does or doesn't there is already a nexus with NameMedia and cybersquatting already. "NameMedia cybersquatting" | AOL "NameMedia cybersquatting" | Google "NameMedia cybersquatting" | Bing "NameMedia cybersquatting" | Searchalot "NameMedia cybersquatting" | Yahoo.

A nexus of NameMedia and cybersquatting is already created. It will only get worse. Regardless.

Curtis Neeley and frivolous lawsuit? Not yet.

I will just help you try one. | Google.

I did not intend to offend when I said parking should be made illegal. The "parking" I was referring to is already illegal. The sleepspot site that NameMedia is cybersquatting is the type parking that will be clarified as illegal. Registering a domain for any similar purpose already is illegal if there is a trademark.

I used eartheye.com in commerce as far back as 1995. I can demonstrate it with invoices I sent Wal-Mart and that were paid. It can be seen on my SBA loan documents. I never filed either TM with USPTO. The common law trademark I contend existed has already been demonstrated as a sufficient grounds to cause liability because of the Lanham Act.

The argument of time will be the crux of the case. I will argue that it was tolled by my injury and that NameMedia's "proprietary process" for determining that no trademark exists is an insufficient. It is also a reckless process. I allege that in 1996 NameMedia was made aware of a prior trademark by me. I will allege and can demonstrate that they contended there was no USPTO filing and they would accept a bid for eartheye. I will demonstrate that at that time I gave them the first notice of a prior commercial use of the domain by me.

There are very many recent tribunal proceedings {w2b, foodemporium}that I feel are incorrect. I only list two. They illustrate that NameMedia will contend that they were unaware of my common law trademarks upon registering them when they expired. Due to this, they will hold that there was no "bad faith" at the time of registering them. I say NameMedia acted recklessly at the time of registration six years ago. They have been unjustly enriched since that time.

One may not argue that NameMedia had no knowledge of a prior commercial use or argue that NameMedia should not have known that a domain they were buying at an expiry auction had a prior commercial use. It will be hard to believe if it is argued. I am sure they will.

Imagine I had ignored registering my domain for the first years that I used it in commerce instead of simply not renewing it for six years. From the date Gore created the Internet till now, is many times more than six although it is not 144. Now imagine you also discovered that PayPal had neglected to renew one of their misspelled domains. They were not in a coma or incapacitated. They simply refused to pay the cost of maintaining the registration. They were sent warnings, which were also ignored. Will NameMedia take on the giant then? Will they register paypals and the mystery domain I had never registered?.

NameMedia will contend that the sale of domain names constitutes a bona fide offering of goods and services when unaware of another's rights in a mark. This is a load of crap. A parked page at paypals gets a lot of traffic. It demonstrates what a legal parked domain is in my mind.

The mystery domain above is now cargills. Follow the recent case linked and get a preview of one UNSUCCESSFUL NameMedia case.

As a bit of ironic trivia: Cargills is a company that sells in the second oldest town in Arkansas. Batesville is also where I grew up. I will see if Cargills will pay for my lawsuit in the event I am not allowed to proceed for free. They have been a company for 144 years. I will treat any help as a lien against a settlement. Was cargills upset? Might want to let Zilinik Esq.

I wonder if they are still reading this.

A domain that is not renewed by a trademark holder will stop resolving. The registrar will bear no obligation for the abandoned name not resolving and even if it is paypals. Will NameMedia then be free to park the site and money-ize it? They will contend that they do. Someone already has. If PayPal wanted to use the site they could buy it for a mighty amount? It is easier and less expensive for paypal to let the parking entity manage the site.

1. An expired domain that does not resolve does not cost anyone or benefit anyone.

2. An expired domain could be parked in a manner that would not harm the TM. See PayPals.

3. An expired domain could be parked in a manner that does harm the TM. See sleepspot.

4. Offering an expired domain for sale is NOT a legitimate use because the second the registration expired, it ceased to exist..

5. An expired domain that does not resolve harms nobody. See ffghkf.com.

{1,2,5} are legal and will be presented in my lawsuit to the jury. (many of you say it will never exist).

{3} is one leg of my lawsuit..

{4} Is a simple real-world comparison to explain to domain folks who compare not renewing a domain to not paying taxes, or a lease payments, or other. I will state in Court that when you stop paying the "mortgage", the house simply vanishes. Expire=cease to exist!.

This would not affect many of you. Almost none of you park on TM'd sites that expired. Few of you ever would. I may visit this thread and reply to posts with a PM. I will not post in the thread again until the next court action. You may donate to my lawsuit in the case that I am not allowed to proceed without paying.

I will no longer be archiving this thread..

The regular text is too small for my eyes. Sorry..

Comment #92

I think this thread has pretty much run it's course.

Brad..

Comment #93

ARBforum decision Dated: June 12, 2009. Almost 2 months ago.

Yet... BuyDomains still owns it..

Apparently, that "case" is yet to be decided..

...In Court, as it would have been transferred to the complainant long ago if BuyDomains did not file in a real court of law.

UDRP is not Federal Court, Curtis.

Speaking of which... your supposed "nexus" that you are so proud of? That may more likely land YOU in court answering charges rather than the other way around...and you're not delusional? Wrong. Your rights to that house "expire=cease to exist". Someone else, who does pay the "mortgage" will move in and have full benefit of all said house has to offer...

Do let us know when this great event in front of the judge is officially scheduled. I'll bring the popcorn.

NOTICE> Any PM's sent in response from Curtis to me may be re-posted in this thread, at my discretion. </NOTICE OFF..

Comment #94

With this thread and many other things you are posting it's almost like you are accusing NameMedia for unjust reasons I know for a fact in Canada spreading "rumors" or other ways of accusing someone or a company is calls for a lawsuit against you and it could be in the millions for this now I don't know about the USA but I do know that people love to sue there *cough* your one of them *cough* so I'm pretty sure they can and I would like to see them counter claim for trying to ruin their reputation...

Comment #95

Why is everyone giving Curtis a hard time? He's suffered a tremendous loss to his health and is having to go through an extremely difficult time in his life trying to adjust to his new condition. Give him a freakin break...

Comment #96

For the most part, I think most here ARE trying to give him a break. He's been given a lot of good advice (okay, as good as you can get for free), and the majority here thinks the case is frivolous and not winnable. They are trying to save Curtis from in their opinion, (which he asked for) wasting his time on a frivolous suit that will waste money, time, and possibly further mental anguish.

I'll give a little more advice, even though I also think the case will be thrown out before a jury gets it. Don't give every detail of your strategy to the other party of a lawsuit in writing, in a public place, where they can be expected to see it before court. It's like telling the other football team what play you're going to run before you run it; or giving your war strategy to the enemy. If I were the defendant, It would be easy to pre-prepare arguments to all of those things before they ever got mentioned in court. This whole thread and replies would be used as evidence of that the suit is frivolous (see the public poll). The IQ and mental stability issue would also come up, like or not, fair or not, ethical or not.

Save your arguments for court. Listen, learn, don't reply. Nothing posted here will help you.

Also, Curtis, You don't seem to see the difference between legal domain parking and illegal TM infringement which are two independent and different things. All parking is not TM infringement. Yes, sometimes it is, but the vast majority is not these days. Your reasoning is that domain parking can be used for illegal TM violation, therefore all domain parking should be banned. Millions of legitimate advertisers are paying for the clicks on parking pages and use the money made to pay their bills and support their businesses, employees, and families. Google and other legit ad companies back most all of them.

Don't directly confuse the illegal act with the vehicle used to propagate that act. Most of us here don't knowingly do TM infringement, and most parking companies won't knowingly allow it...

Comment #97

As I figured, I did get a PM from Curtis, even after he was explicitly informed that method of communication would be posted publicly.

Here it is..

========================.

WHAT! They refused to obey the tribe's chief?.

Federal Court is where my lawsuit is NOW!.

"BuyDomains" will not exist in year 2012. I will talk to Cargills Inc. and seek to join them in a potential class action. Maybe they will join me? They are HUGE! BuyDomains will not exist in year 2012 like they exist now, if at all. I am so scared! I hope they grow balls and try! The Gore comment was a joke. Just like it was when he ran for President.

This is the HUGE issue most domain traders err in commonly on. Don't feel lonely in your error. Once the domain is not renewed and expires, the intellectual property that is was no longer exists. Someone who then registers the same domain has the duty to conduct a business other than offering the domain for sale to the prior TM owner and the rest of the Internet Universe. They are also particularly excluded from diluting the TM or otherwise negatively impacting the TM holder's business.

If you stand outside a store with a sign that announces an intention to rob the store, does that make the robbery OK? NO! What did you mean by PM? This is intended as a PRIVATE message not a Public Message. Please do not disclose this private communication. You may at your own discretion also conduct an armed robbery after announcing it. I will ignore you as mentally challenged worse than myself in the future..

================================.

Feel free to dismiss me however you like. However, you were well informed this may be publicly posted before you composed and sent it to me. After such informed consent, you sent it anyway.

So there it is. NOTICE> Any PM's sent in response from Curtis to me may be re-posted in this thread, at my discretion. </NOTICE OFF.

I even made it in your favorite style this time so you may perhaps comprehend it.

Perhaps it isn't such a good idea for you to send me any PM's, Curtis. <<<HINT..

Comment #98

"I hope to massacre their "reputation" and that process is one of the main goals for my life now. I would prefer they go to jail." got this as a pm also saying he isn't using slander and what not.

But namemedia is using common LEGAL practices. THEY LEGALLY OBTAINED THOSE DOMAINS. If I was a business and I seen the names drop I would have picked them up as well as it is LEGAL no one OWNS THEM!...

Comment #99

I am curious as to who added "retarted" to the "TAGS" on the thread?.

I think the word that the person meant was.

"retarded" -n- Slang: Disparaging..

________________________a. a mentally retarded person..

________________________b. a person who is stupid, obtuse, or ineffective in some way: a hopeless social retard..

How many of you "sharp" domain name professionals, who are critical of me and feel that I am obtuse, realize that an obtuse triangle has one angle exceeding 90 degrees and the triangle must Have two other angles that add up to 180. The sum of the interior angles of any polygon must obey the equation of 180(n-2) where n is the number of sides. None here are "acute" enough to have known this. Fewer still would understand why this is a fact. WAIT - - fewer than none? Please forgive me for acting so retarted..

I assume all dictionary words are registered. I bet all urban-dictionary words are too..

The following is a copy of a note to the complainant in a tribe you nal.

I see Merchant & Gould, P.C persuaded a Chief in the tribe about Cargills.com Cargills.com I see it is still just another parked page that NameMedia is cybersquatting on.

Forum THREAD post that mentions your case before the tribe.

I am attempting to proceed as a pauper against NameMedia and was provisionally approved..

Your case is almost the same only it will be easier to pursue. It lacks several elements of mine..

Cargill is famous and trademarked, however, NameMedia registered it first to run ads. They will argue that this a good-faith use..

My TMs were common law only. I will argue that purchasing a domain at expiration introduces a duty to not harm the prior TM user..

You convinced the tribe but it must need to be addressed in Federal Court? It is still a parked page?.

I asked for ten million because of the intentional infliction of emotional damages..

I have records of them asking me to bid on my own domain and rejecting my TM..

I read their first offer to buy my TM'd domain as an incompetent and in the hospital on a borrowed notebook computer.

I have no proof of this besides witnesses who saw how upset it made me.

I am paralyzed mid-back and am severely brain injured. My memories of my use of the domains is impaired by a TBI..

I am barely able to afford to stay out of a nursing home now..

I would accept a donation and count it as a lien against a settlement in the event there are expenses that are not covered.

We can work together to use the courts to end domain name speculation.

A class action is warranted.

My suit also includes the intentional infliction of emotional damages. They were aware of my brain injury as you can see online..

I am not particularly interested in your being enriched because of NameMedia's infliction of suffering towards me..

I am also not dead set against it. For me it is about the principle..

I could witness for you to allow you to illustrate to a jury that NameMedia will ignore the law toward a big company as well as a poor brain damaged guy in a wheelchair with no legs. My original filing is online and also accessible via Pacer..

This email is not private. Other than the footer, I will add it to the forum to demonstrate my attempts thus far. BuyDomains and David at NameMedia are following this..

================================================== ===========.

Just keeping it "real". It is not a filing yet...

Comment #100

Ok. Not going to be popular but someone has to say it.

Curtis...you have been given a beautiful opportunity, a gift if you will, for a second chance at life. No greater gift can be given, regardless of it's circumstances. Yet you seem intent on spending your time chasing something that is beyond your reach, and you have been told this by all the people that have tried to advise you. You also go on to basically call everyone involved in domaining, criminals. It's not the case and Parking has never been illegal.

I have bitten my tongue on this one for a while now, but no more. Anyone that is willing to waste such a precious gift and second opportunity at life, on something as unwinable and as frivolous as this, should have stayed in a coma.

What a waste of a life.

BTW..don't pm me...I'll use it here too...

Comment #101

You coming here wont win you the case but you talk to your lawyer , make the case more solid , find loop points so your case can stand infront for judge and it will be heard by the Sympathetic Juries which you are hoping.

I hope you know that more you abuse the name of the company they can use it against your own case , they can use all the things you have been saying in public , what most of the people here are trying to tell is you have been given a second chance to life dont just let it go like that , I am not saying dont take this case ahead , infact no one here can say that you cant take this case , it's your case you can do everything to win it. But it wont help even a bit by fighting with us and making usless points, it's better if you utilize your time finding like proofs , loop holes , other People who are "VICTIM" of namemedia.

What most of the people are trying to state is that , your case is simply weak , it would have been something else if you had filed to get the domain back but you are looking for $10 M and which is pretty hefty price.

Recently due to fault of NYC MTA one person fell in metro track and lost his leg , he was lucky that he didnt loose his life , even in his case he was give $4 m for his loss you havent lost anything because of NameMedia , yes you had a horrible accident and many dont get second chance and you did but you cant just act little upset and fight with us.NAMEMEDIA didnt make this accident happen , they took your domain , then fight for what your domain is worth.

Its definite that you are taking this case ahead and fighting all the way , good luck for that but all the stuff that you are posting here , fighting with US domainers, telling "Parking" wont last anymore , BUYDOMAINS wont see 2012 it wont help at allI hope you understand what I am trying to say , you should spend less time here , also give your brain a bit rest as you said you had brain damages.

Good luck.

Gafadi..

Comment #102

I agree with FireFly I have also watched this thread and restrained myself from posting, because I didn't want to be rude. Honestly people have been nice to you and tried to treat you with respect but you act like your the only one that is right here and that what other people think doesn't matter.

If you don't listen and care about any opinion. Then my Question is why should we care? Your story is sad but like someone said before you had a second chance to live life again. Yet your wasting it on a case that to me sounds idiotic. Yes I said idiotic sorry if it ofends you.

Also the so called nexus you created on the web with Name Media is just you going to about every place you can and bashing them.

Another thing like the only one line I posted in this thread. Is if you say you couldn't remember anything about your life when you woke up. Then how could you remember anything about your domain's? I'm sure there are other more important things to remember than a domain name.

If I had lost my memory personally I would be more worried about remembering my family etc.

Also I do not understand how they caused you any emotional distress, I guess you were that attached to that domain. Eartheye is taken in .com .net .org but other extensions are available why not get another extension with that same name? Would save you a lot of effort and stress and a possible lawsuit against you.

Please do keep us posted on how this ends and I really hope you don't win. If you pm me I will also post it here if you have something to say to anyone why do it in private? Do it here in your thread with all your other bigheaded claims...

Comment #103

Uh, you're rather on the wrong place to ask even some people to do that, Curtis. This forum is partly about domain name speculation, minus trademark infringement.

And it's fine to hate domain name speculation, just as some people hate stock market and real estate speculation. But I suppose that's because of what happened to you recently.

You've already been told from page 1-2 about your so-called case, even by a lawyer. IMHO the more time you spend here unless some real, material development occurred with your case, the more you're going to frustrate yourself with what people have been consistently telling you.

Believe it or not, many of us do sympathize with your experience. We just don't agree with your wanting to hold NameMedia liable for some perceived harm, nor do we agree to end domain name speculation when it's helped or benefitted some of us in some ways.

And yes, we don't want that to happen to any of us. That's why we take steps to ensure that by consistently renewing, keeping contact details updated, etc.

Up to you how you want to live your life...

Comment #104

Since when did you all become lawyers? Most of you are so young you're still wetting your beds...

Comment #105

Lol...my four children don't think I'm young but thank you. I'm not that old that I need incontinence pads because of a bed wetting problem either. How about you?.

No, I am not a lawyer...are you??.

I just gave my opinion. What did you give??..

Comment #106

Perhaps you didn't see the word "most" in my sentence. Also, touting your 4 children as though it somehow gives you the right to post in this thread is a bit ridiculous. Frankly, I'm not interested whether you have 1 or 50 children. This is not about you.

Secondly, if you aren't a lawyer quit babbling on giving Curtis legal advice...

Comment #107

You don't need to be a lawyer to give common sense advice.

Brad..

Comment #108

I don't think anyone has given him a hard time. He is openly posting what he intends to do legally in a public forum and users are offering advice/opinions. A few of us have also received unsolicited private messages as well from Curtis so you are not seeing all of the conversation going on. This coming from someone that has (98) years old on their namepros profile. When someone comes into a domain forum and broadcasts publicly not only what they intend to do legally but their own negative opinion on all domain parking/domain sales and sends unsolicited private messages to multiple users that opens the door for debate and personal opinions as he is not seeking professional legal advice he is ranting and raving his own personal opinions which should be allowed to be disputed. All (3) of your posts in this thread have added nothing except immature insults which is surprising considering your (98) years old. This isn't your forum so if you expect us to sit back while someone can post and send private messages with insults and a one sided negative view on domaining your in for a rude awakening...

Comment #109

A domain name is not a fully paid mortgage. It is a lease with some common property rights associated with your legally trademarked business. When your lease expires, you lose it dude...

Comment #110

When someone asks for an opinion in a forum they are going to get one. If they don't like the answers or not that's on them. What gives you the right to silence the people who are trying to help just because they don't have a law degree?.

....and Curtis, as for asking people to paypal you money out of sympathy for your plight after you have listened to no one on this board including a lawyer you have a better chance of stacking forks on top of each other to reach the moon...

Comment #111

Adam, let me educate you since you are not a lawyer and seem to be ignorant of the law: Anybody who expresses a view here is subject to a possible lawsuit. Best keep your opinions to yourself...

Comment #112

Ah, good thing you were here to save me from being sued especially when the 1st amendment exists and the whole "Freedom of Speech" ordeal. I thank you so much with your great wisdom and knowledge. I am forever in your debt...

Comment #113

The bottomline is that you were in a car crash, you suffered injuries, your domains expired (because you didn't remember owning them due to loss of memory), and NameMedia registered them. I don't feel NameMedia owes you a dime. They're just doing business. You have the option of registering domains up to 10 years at most registrars. Why did you not register the two domains you wanted to keep for more years prior to the car crash? My personal opinion is that you have no case. Good luck with life...

Comment #114

Some of you (cartoonz and others) write as though you've been possessed by a demon. You're so unhinged it's revealing the nasty in you. Have some compassion and use a little bit self control in the way you post a message. If someone pm's you, it is a private message not to be broadcast publicly. That is extremely mean-spirited and reveals what kind of a person you really are. It's absolutely deplorable.

Taking pleasure in ridiculing and belittling someone who has been through a terrible ordeal is HORRIFIC...

Comment #115

Ummm ok I have been watching, reading this thread with interest because it is interesting. It's not clear cut and leaves me time and time again with different feelings but one thing I could see comming out of this that nobody as yet has thought of (that I know of ) is domain insurance? Should the registras provide for an extra few $ a year accident (non able to renew in time insurance)? *my idea should it ever happen *.

Imo with too many names dropping daily this would be too confusing as to whom owned what but a food for thought?.

Anyways back to your dilema. I can see why you are upset I can see why you want your name back but why try and crucify the new owners they had no way of knowing what had happened to you?.

I really dont know which way this will go but I really cant see a large can of I lost that domain name can of worms opening with many claiming back lost names because they no longer paid for them.

I will watch again this thread with interest..

Comment #116

I don't see the point of domain insurance. If you have a domain you really like, and you're not looking to sell it, register it for more years. That's domain insurance in it self!..

Comment #117

Ooo I don't think it would actually work as I said with so many names dropping but that said it's something I could see them trying to sell.

But I have to look at myself I have many names most of which are only reg 1-2 years, some alittle longer...

Comment #118

Interesting post, it was for sure worth the hour and 30 minutes that I spend reading the whole threat, I found the topic of lawsuits from "domainers" to large companies an itchy subject, sometimes legal actions are in need, but this time - there is no case, there is no way that curtis will get anything out of namemedia. it is the way anyone will do business, buy and sell. - previous owner forgot to renew - too bad, get new domains and keep going..otherwise, any domainer will sue a "big company" everytime for whatever reason, when a domain is taken away for non-renewal - REMEMBER a domain is VIRTUAL PROPERTY , if you pay you keep, if you forget to pay is no longer yours.

Sometimes, we humans forget our vulnerability, and we forget to make plans ahead - I am sorry for what happen to Curtis, I am glad that he came out victorious from that coma, but we have to be realistic, as far as trying to sue a company for 10mill , is not only ludicrus, but borderline crazy, for something that he did not do - he did not protected his "property", all this could've been prevented with a single click on the "Auto-Renew" option with his domain registrar. it was that easy - then again it was not done.

Now he has brought on himself a vast audience of professionals and every single time, has come up with a clever way to resort in more and more vain commentary, along with some people that may think he may have a shot in the courthouse. Have at it - but in the long run, you are hurting yourself - because this industry is as fast paced as any other, and the only thing that you have is your name and the way that you do business, and by associating youself with this situations, will quicly desimate any hopes of anyone doing business with you.

Then again, we are in the land of the free, and I certantly beleive that you are in total freedom to do what you think is rigth, but think of the future damages, that your rant will bring to you,at the end, all your effords to "destroy" and "massacre" may be futile and you will not only lost 2 domains, but something that is way more valuable than that - Your own peace of mind, and for some of us my friend that is priceless.

Curtis, you are not the first "domainer" to lost a domain to a large company, many of us at some point in our carreers will experience it and some may already have, all you need to do is take the advice, learn and move on, otherwise this situation will create more problems than answers for you...

Comment #119

Hitting the auto-renew would have saved alot of heartache..

Comment #120

Compassion for what?.

This Curtis Neeley clown is leveraging precisely that in hopes that people will ignore the facts at hand in their rush to be 'compassionate' given his condition.

Screw this moron. Matter of fact, here's the kooks message to me... then, he basically responded to-wit in this thread.

I don't know if this guys mental defection is as a result of his unfortunate medical state or genetics, but either way, he gets absolutely no 'sympathy' from me. An idiot in a wheelchair is still an idiot...

Comment #121

Analogies can only go so far, Curtis. But your registration contract spells out one another's responsibilities, relationships and limitations.

The moment the domain name expires, your registrar's obligations to you ends. While it's fine to entertain the opinion that domain names are property, aren't leased, whatever, opinions are all they'll remain unless some law or legal decision says otherwise.

If you wish to turn that into law, good luck competing with those equally wanting their opinions turned into laws with their congressmen/women and what-not. And feel free to sue the registrar if you wish to change how they write their contracts spelling out what domain names are to you...

Comment #122

Insurance ?Register for several years ahead Make sure a trusted party (spouse or business partner) has access to a list of domains + logins so he can take care of things in case you have an accident..

Comment #123

Now there's a case of the pot calling the kettle black if I've ever heard one lol.

I'm out. Too much ranting and raving going on here by two people now...

Comment #124

Uh, folks, we can all do away with the ad hominem or name calling attacks. We are civilized, aren't we?.

Oh, and good luck trying to hold someone liable for some perceived harm, Curtis. Again, kindly post any material update on your case, if any...

Comment #125

Dude their is like other extensions of eartheye that are available if it meant that much to you try another extension. Just saying this again incase you didn't see my last post.

Ultra I'm cool and all with you but seriously everyone gave him advice positively then he started making big headed claims. Everyone was nice to a certain point and that is understanable...

Comment #126

Oh, so in addition to being a delusional kook with a severe personality disorder, you're a liar too?.

Because the PM's I posted were absolutely verbatim without editing of any kind, Mr Curtis Neeley of Fayetteville, AR (Curtis Neeley Fayetteville, Arkansas)..

Comment #127

I got this pm from Curtis. Dude I read that already in this thread but seriously there is other extensions you can build on I was just pointing it out.

Ima put this in bold so you can understand. Do Not PM Me If You Have Something To Say You Can Say It Here...

Comment #128

Hahahahahahahahahahahahahahahaha While your at it go ahead and sue me..

Seriously you need therapy and treatment...

Comment #129

Do something that gives me a reason and I will. Neeley v. NameMedia, Inc. - 5:2009cv05151 - Justia Federal ....

Just keeping it real...

Comment #130

..man this thread keeps getting more and more entertaining...

Comment #131

Not a problem if he does edit them all. I'm pretty sure that administration can see all versions of the edits before and after...

Comment #132

Anyone can as of last time I archived them HERE! NameMedia sued for cybersquatting my domains... - NamePros.com..

Comment #133

Go Ahead and think of something since you like making stupid claims. Seriously now you confirmed what we had been thinking is true. Your a moron...

Comment #134

Copying the exact look and feel of a site including it's favicon is pretty much copyright infringement and you have the gull to say your going to sue RJ because he is providing a public outlet to which you voluntarily participated in and don't like the outcome of it's users opinions. Curtis you should of been in comedy.

[Excerpt removed from the cloned site you posted].

This is an archive of a NamePros thread that was archived on 8/01/2009. There may be updates and you should check the live location of the THREAD for updates. An edit may or may not be intiated from here, but it will not edit the archive. There must by no referrer check in their edit script? Oh well...

Comment #135

What post is it, exactly, Curtis that you are claiming was edited and/or altered from what YOU wrote?.

Put up or shut up...

Comment #136

Take it easy guys... there's no need to be rude...

Comment #137

I'm being accused of altering something he himself wrote - which I most certainly did not do.

While all of us feel for the guy because of his condition, there does come a point where that does not excuse his own belligerence...

Comment #138

I was giving this guy the benefit of the doubt, but now coming on here threatening to sue Namepros & RJ, at the same time copying content from this site to his own. Ridiculous.

Brad..

Comment #139

I believe only one person here has claimed to be a lawyer. I don't recall anyone claimed their advice was to be relied upon as legal advice, not even from the one true lawyer. It's all personal advice, opinion, and discussion. I think even Curtis realizes this. This is a forum, which by general definition is a place for public discussion and sharing of ideas on a topic which in this case is domain names. And...at over 50, I don't get described as "young" very often any more.

Curtis, you will get a tiny bit more respect here if you quit posing in large text which is considered the written from of shouting and is just obnoxious. Also, threatening the forum owner is just plain low. All RJ supplies is the tools for your free speech as well as everyone else who have mostly been here longer. This isn't China or Cuba where we expect censorship on demand. If you don't like what's here, don't post. If you want this post to die, quit responding to it.

Sounds a little hypocritical to me. Again....none of this is to be taken as legal advice. I am not a lawyer offering paid or free legal advice. My advice may cause constipation or vomiting, if you have an erection for more than 4 hours see your doctor or your wife. Do not read this post while driving as it may make you drowsy, opinions not valid in all states, and may not be exported outside the U.S.

Some assembly required, and batteries not included. Discontinue use if a rash develops. Advice may be rescinded at any time without prior notice, and is void where prohibited by law and everywhere else. Shipping and handling extra, blah, blah blah blah...to protect from frivolous lawsuits. By reading this post, you expressly agree to smile and go on with our life...

Comment #140

Gee wiz Ultra... you're right..

How could I have been so insensitive to respond in any way other than support and encouragement for his case. He is obviously right and will accomplish everything he has threatened to do.

Yeah, right.

Ultra, you come in and start trying to dictate to the rest of us that have been in this discussion since page one how we need to act. You have not been getting the PM's and putting up with the ridiculousness of the OP, we have. Now I'm being called a liar, and that is not ok - him being brain damaged or not, that is still not ok and I will rebut any such accusations.

I get it that he is messed up from his ordeal. I also get it that neither NameMedia nor any of us here had a thing to do with that. But I still sympathize with him for what he has been through. By telling him the truth rather than coddling his misdirected rage, I am supporting him. Sure, it obviously isn't what he wants to hear... and in the in the time this thread has taken to evolve, one thing has become crystal clear - Curtis has some serious "issues" regarding anger. Considering that, even now everyone seems to be using a great deal of restraint when posting...

Comment #141

I will not need a lawyer or a filing fee when I file against NamePros..

It is not a bluff. Simply an advisement...

Comment #142

Hello Can you please confirm which posts you say have been changed..

Thanks..

Comment #143

Well I guess by your logic then - If you are allowed to copy content from NP and put it on your site with a disclaimer, then NameMedia.com would have every right to copy content off your site and place it on their site with a disclaimer.

Would you have any problem at all with NameMedia.com copying content off your website and placing it on their site? I think you might.

This whole this is getting ridiculous. I am sorry for the ordeal you have gone through. You are too focused on this. Be thankful for getting a second chance in life.

Brad..

Comment #144

And for the record, anyone that is adding the seriously offensive and derogatory tags to this thread is way out of line, IMO. Please stop that...

Comment #145

I totally agree with that. I have tried to keep this above a personal attack level. I don't approve of whoever put those tags there.

Brad..

Comment #146

Lol.

I'm not fan of the derogatory terms either but it is a bit of a double standard when he is allowed to to call us "freaking idiots" (even though he edited it) and at the same time, basically labelled us all as criminals.

So the censorship begins...

Comment #147

OK, I am mentally retarded due to a brain injury and reading people calling me the slang term in this public forum is harassing. Especially after being told I find it offensive.

Goodnight folks...

Comment #148

Interesting thread... Subscribed...

Curtis, you are still a NOOB.... you dont know anything abt LAW.. I would say spend few days reading/learning/researching some laws before posting this nonsense....

-jd..

Comment #149

I'm not too sure whats happening but it seems as though your rushing it. I would take a chill pill and slow it down while trying to deal with that company instead of trying to sue for millions.

BTW, if I have missed something, I am sorry but I did not want to waste too much time in this thread...

Comment #150

Just so I have this straight...

Curtis, you come here and post about how NameMedia is being sued, by you, for an enormous sum of money along with how you singlehandedly are going to change laws and rid the world of all things you deem evil -.

You do not get the positive response you want...

You argue, throw tantrums, call people names...

You then go back and edit posts you made days before... and, yes, you DID do that today. About the same time, you accuse other people who quoted those posts and PM's of altering them, as if you never said any of it.

Now you throw another tantrum and lay down an ultimatum to the owner of this forum to either delete the entire thread or you'll sue because somebody made disparaging remarks in the tags?.

Curtis, you really need to find something constructive to do...

Comment #151

Return-path: <>.

Message-Id: <20090811065343.>.

Date: Tue, 11 Aug 2009 08:53:43 +0200 (CEST)..

Comment #152

Huh?.

You call yourself "Mentally Retarded" right there... yet if someone else says that it is then the "slang term" and somehow actionable in court?.

And someone told you that you find it offensive?.

Curtis, is someone else forcing you to post here?.

Did anyone else log in as you and make your posts?.

Has anyone emailed or contacted you directly other than in this thread with anything that could reasonably be perceived as a threat".

I'd bet the answer is a big NO..

...and that will be your answer to your new frivolous charges as well...

Comment #153

Owner Contact:.

Ralf Hinberger.

Strato Medien AG.

Pascalstrasse 10.

Berlin, 10587, DE.

Punycode Name: serverkompetenz.net.

Unicode Name: serverkompetenz.net.

Admin Contact.

Ralf Hinberger.

Strato Medien AG.

Info@strato.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.30886150.

Technical Contact.

Hostmaster Strato Medien Ag.

Strato Medien AG.

Hostmaster@serverkompetenz.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.1805007677.

Zone Contact.

Hostmaster Strato Medien Ag.

Strato Medien AG.

Hostmaster@serverkompetenz.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.1805007677..

Comment #154

Who is that and why do you think they have anything to do with BuyDomains?..

Comment #155

My mental abilities were retarded by my brain injury. The term is therefore an accurate description of my situation.

Yes, I received 983 forged emails made to appear as if they were from Brokerage at BuyDomains. They went through serverkompetenz.net.

From: BuyDomains [>.

Message-Id: <20090811065343..

Admin Contact.

Ralf Hinberger.

Strato Medien AG info@strato.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.30886150.

Technical Contact.

Hostmaster Strato Medien Ag.

Strato Medien AG hostmaster@serverkompetenz.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.1805007677.

Zone Contact.

Hostmaster Strato Medien Ag.

Strato Medien AG hostmaster@serverkompetenz.de.

Pascalstrasse 10.

Berlin, 10587, DE.

Phone: +49.1805007677.

================================================== =..

Comment #156

So go after the dick that sent those.... or better yet, don't. Just block mail from that server. Don't let them get to you and they'll get bored and move on to some other childish mischief somewhere else..

That is a bit extreme and entirely out of line.

But, again Curtis... focus your angst toward whomever sent those, not the owner of this forum (because I damned well know it wasn't him). I doubt that it was any of the other people that have actually been participating in this thread from the start either.

Like I said in my first post to you... I get it that you survived a horrendous ordeal... but I suggest you focus on something positive and constructive.

No matter what you say, you HAVE been given a Second Chance at life - otherwise you would have died when your tube was pulled. Seriously, try to think of why you were given this gift... it cannot be to run around and be angry all the time and threaten to sue everybody...

Comment #157

Cartoonz is correct. You shouldn't worry over problems that will only be slight bumps in your whole future. I suggest you get your priorities straight and deal with this matter in a civil manner. I Hope all is well and everything will eventually get resolved...

Comment #158

Wow... you're quite trigger happy (in the "I'll sue you sense").

Stop being so defensive, and stop threatening to sue people. I too am sorry to hear about your accident, that sucks. But threatening to sue anyone with a pulse isn't a great way to act.

You are sounding like a joke in this thread, it's just making you look bad.

That is true , so don't sue me..

Comment #159

I just don't get it. This forum did nothing wrong in the first pages except try to inform you that it would be hard to succeed when suing/filing a lawsuit against the company. Have you even tried to sort this out with the Namepros owner and deal with this? Perhaps doing that is a better alternative rather than flailing your arms and trying to get people obey your every command. Anyways, it was your choice to create this thread and cause all these problems by claiming that you will sue if you automatically think they did some sort of wrongdoing towards you. I am truly sympathetic to your losses, but trying to handle situations this way is just inappropriate.

P.S. This is solely based on observation and I will not get any further involved with this matter anymore...

Comment #160

I'm not American but as I understand it, you would be attempting to supress free speech by your actions which is covered by the first amendment if I'm not mistaken.

I'm assuming that if you do in fact not have your wishes met, and you fail in legal action, that you will then attempt to sue the United States itself for allowing such a ludicrous ideal. What a silly idea freedom of speech is. Well obviously in your eyes anyway.

Lol...that even looks funny.

By the act of wanting to suppress free speech on an obviously public forum, you my friend have finally tripped off into the land of Oz, and more importantly, you seek to deny your American counterparts their freedom of speech, which I am lead to believe is their inalienable right. In fact I would assume that right is shared by everyone in the free world (obvious exceptions) and most of the posters here.

You my friend are displaying very un-American traits.

Sorry folks...just felt like going of on some wierd tangent. Hope it wasn't too wierd. I can't make any sense of this anymore.

Curtis...I hope you find something that gives you some focus and makes you happy so you can move forward and make something of your life. Drop the negative and embrace the positive. Your anger is making you bitter and twisted.

For your own sake, just let it go.

Say hello to the wizard for me...

Comment #161

You voluntarily joined a public domain forum and decided it would be wise to discuss your legal proceedings outside of a courtroom and have posted 39 posts in the same thread, if you notice the more posts that are made by you the higher percentage of votes are landing in the frivolous category as more and more people can see through your bullshit, you like to send a lot of unsolicited private messages to try to hide the fact that you like to insult people and now that people are posting them publicly you are getting upset, don't join a public domain forum and post legal issues and send private messages spewing your bullshit voluntarily if you can't take the responses you receive, I'm pretty sure if you sue this forum that a defense fund would be established quicker than anything you could assemble and the only one sitting Pro Se will be your obnoxious ass. Since you are threatening to sue again and this thread may become exhibit A I might as well post the 2 private messages you sent me just to get them out in the open so I can delete them (don't send me anymore)...

Comment #162

Good to see these posted here I hope that RJ and NamePros will keep these threads here, as evidence against the plaintiff. Either that or move them to a private board and create an account which has access to that board, and then pass those details onto the court.

Either way, the OP is exercising his right to make silly lawsuits and threaten people unfairly, without just cause. People here are exercising their right of freedom of speech.

I'm sure that the OP won't therefore mind that this thread is kept as evidence, since he's clearly happy with the civil legal system and all it entails. Including the legal right of the defendant to.. well.. defend themselves (it seems the OP is forgetting that people are allowed to defence themselves and give their opinion) I'd agree with that. I hope that Curtis can channel his emotion into something positive. He is a skilled photographer, and it'd be better to be positive than to sue everyone and alienate everyone IMO.

Curtis: be happy. You have skill. You have a second chance. Use it well.

Disclaimer: I am giving my opinion as per freedom of speech. Please don't sue me. I'm allowed an opinion. I'm allow to express my opinion...

Comment #163

Your comments are insulting and condescending. If you don't have anything nice to say, why say anything at all. Leave it out...

Comment #164

You should follow your own advice. You've added nothing to the conversation, except to be a complete pain in the ass.

You've not really had all that much to say about the case and in all, most of your posts have been just to rip on people. Your posts are basically the equivalent of saying nothing nice, and are in fact, lacking any semblance of intelligent argument, so why waste your time.

Your posts have even less merit than Mr. Neeleys.

I'll just put you ignore because your posts are ignorant.

I am curious as to why Curtis is such a cause for you though. Over three years here and only 46 posts up until this thread. That's just a little over fifteen posts per year up until this particular thread. Your half way to your yearly count in this thread alone.

Are you related to Mr. Neeley? You are certainly the only one championing his cause. Just curious...

Comment #165

I see you've stooped so low as to resort to personal attacks and name calling. This isn't junior high...

Comment #166

Not really...just stated a fact. You've added nothing of any value.

Water always finds it's own level. Maybe that's why you are sympathetic to mr. Neeleys cause.

With that, I'm out and you my antagonistic friend are on ignore...

Comment #167

I can't speak for RJ, but: NamePros.com - FAQ: NamePros.Com Site Rules..

Comment #168

Wow - this has become better than one of those morning soap-operas, we have all the ingredients.. , we have the delusional, the angry defiant nurse, and the Doctors stating that Mr. delusional has no case, neither cure .. just great ... let me get the popcorn out and clear out my schedule for today, this has entertainment value now, just to see who is going to get sued next.

Above all .. the nerve to actually make threatening comments against the forum, against RJ ? - Word to the wise, I would seriously recommend Banning Mr Neely or simply removing him from the database of users and save the agravation, if we dare to make the comment that he did, for sure any of us will be banned for life - remove the posts, so we can all go back to business as usual..

But in the other hand, if you keep following the story.. don't forget the popcorn...

Comment #169

He's clearly just being a troll. Maybe it's time to ban him?..

Comment #170

Some forums do pay to post. Maybe if you go there it will help when you turn round and sue them.

Seriously in all the forums in all the world you chose to post in this one (puts on a deep voice) I think some of the others are richer and you can sue them for more.

And you still have yet to answer my question of which posts you think others changed? Oh yes that would be you changed them wouldn't it..

Comment #171

Hey, perhaps if he does a class action suit against all of us we can at least take a tour of Arkansas together for a nice meet and greet of other fellow NPer's! Man this thread is great, why ban Curtis this stuff is entertaining!..

Comment #172

Maybe if we invest then at least we will get back a profit if found guilty..

Comment #173

You'd have better luck winning the lottery, than expecting a return on that investment...

Comment #174

Yea I agree and all joking aside I think it's very sad that so much anger is eating the op up.

I hope the case if it gets that far will be judged on what it is and not about the person in a wheelchair the accident or the damage the accident has done. These things are nothing to do with namemedia or the case IMO.

As for holding RJ or Namepros to blame for him joining here free, making the thread and abusing long standing members because he didn't like the answers he came looking for is again alittle sad and just shows that he is correct when he himself admits he does not think correctly anymore.

I think really until such time as there is a case if ever this has really run out of steam but if the op wishes to chat away to himself here thats fine..

Comment #175

Apparently the OP tried playing the sympathy card which many were sympathetic to his situation but after several of his posts he makes it clear where he stands. Anyone opposing his view or belief shall be sued regardless of freedom of speech, the voluntary contract agreement he digitally signed by joining and his continuous empty threats...

Comment #176

It's all childish but I'm sure Buydomains have been having a good time reading that thread (at least 2 reps were here).

When you're in a hole, the first rule is: stop digging...

Comment #177

You guys win. I will not sue nobody else. This thread will just be evidence of my ability to be severely upset by things others feel are trivial..

I will just post to keep you all entertained..

David, BuyDomains, everybody else I upset, you all win, I quit..

Please forgive me...

Comment #178

Actually you know Namepros is full of nice people whom would not wish to be entertained in this way, and were only trying to help.

Good luck..

Comment #179

It's sad that the victim of all your harsh criticism is the one saying I'm sorry. I think many of you owe Curtis an apology...

Comment #180

It's sad that a person took all this time to continue a rant about something that he knew from the start he will not stand a chance in hell to make something come out it, if anything, he made us realize how a human being can use great deals of time an energy in something so futile and carelessly handled, when you are talking about Lawsuits and other legal intrincacies you better know what you talking about or shut up - he had the chance to do so, and he took it in time - case closed.

No need of apologies for neither part, he has the ability to still compare what is rigth from wrong and somehow use something called "common sense" - he vented it in an open forum - either you can take the heat or get out of the kitchen - as I mentioned again - he left the kitchen - so let's all go back to business as ussual and stop trying to convince some members that for some reason they did something wrong, or create gilt off an issue that it is not relevant to anyone, just as far as voicing their own opinions. -.

Have a great rest of the day, I am off to keep selling and buying domains .. how about you guys ?

Comment #181

CurtisNeeley I like how you come to realize that anger on this foum only gets bad I suggest you look around read some posts join the community and make friends on here it's not hard and you will have fun doing it. Best of luck...

Comment #182

Curtis was victimized here - make no mistake about it. You hounded him like a pack of rabid wolves. Some of you were extremely rude in your posts. It was completely uncalled for and an apology is in order...

Comment #183

The funny thing is this forum is actually a very friendly place. I'm sure if you are sincere and honestly wish to become more positive, you'll find a heck of a lot of help here (or on another forums).

As before, it sucks what happened. I only hope that you can become more positive - you have skill as a photographer and have a good opportunity Not really. People given their opinions and then were threatened to be sued. But that (seems to be) in the past now, so why create this post? To try and create further arguments? You are now the one making things worse, no-body else.

Drop it, IMHO..

Comment #184

Victimized ? Ultra have you realized that all you are doing is adding more blabber to something that even Mr. Curtis Neely is tired of, because he realized that he did not do correct thigns about mentioning lawsuits, suing everbody and so forth.

Please do not compare being rude to being a victimizer - consenting adults writing posts can be rude, crude and downrigth nasty, is just that ..comments, something that will soon will be forgotten - a victimizer will inflict way more damage than "rude comments" , violence in some instances, and some other things that will last foreverin someones life. Mr Neely was a victim of his own careless comments and rants, mentioning people by name and furiosly attacking and making threats to sue our place of business .. and you still want us to apologize ?

Think about it -..

Comment #185

If this is an open and shut case, why did you bother posting this reply? Give it a rest. I don't think anybody's interested anymore...

Comment #186

Why did you post *this* reply then? Or your previous ones, saying how everyone else is in the wrong, etc? You just posted to tell someone off for posting lmao!.

As before - drop it. It'd be quite nice if this is the last post of the thread. Somehow I doubt it though..

Comment #187

Wow - I guess you tought about it and that was a very strong comeback - congratulations - you finally got it - it shows me that at some point all of us made some sense and at the end .. NOBODY CARES.

Mods, please feel free to finally closed this seudo-soap opera.

(now, really, this is my last post ...)..

Comment #188

I know - I was just trying to end the soap opera with an educational message - just like jerry springer does - at the end, when all is said and done - nobody but the parties involved care.

Good Afternoon for all of you fine folks. let's keep the business rolling .. nothing to see here -..

Comment #189

He's still frivolously suing Namemedia for registing an expiring domain name. That hasn't changed....

Oh... Be prepared for them to reaffirm that, Curtis Neeley Jr Junior Photographer Fayetteville Arkansas AR (Curtis J Neeley)..

Comment #190

I think this thread is done. This forum contains some really good people in it. If Curtis came in on a positive note and asked advice or wished to discuss legal matters etc... I think this could have been a productive thread. By coming in on a negative note jamming his opinions down everyone's throats and making threats in public and through private messages I think most of the responses he received were justified. I think Curtis does some great photography and would rather see him grab the camera and get back to work as it is the product that will sell regardless of what .com domain it resides on. Hopefully Curtis can add links to his portfolio in his signature and we can put this to rest as I would rather see a negative incident in life turned positive as I think staying in the negative lane isn't healthy for anyone...

Comment #191

Curtis was certainly not "victimized" here. You come in at the tail end of this and declare that we all do not see things the way you decide we should... without even knowing all that has transpired or seemingly caring about learning the full picture... no, you just jump straight to being completely condescending and downright insulting to the lot of us - myself included.

Ultra, I think that it is YOU that owes apologies...

Comment #192

That's evidence enough for the defense of the defendant in your case. You admit you get upset about what is normally percieved as trivial. Your attempt to earn damages based on how you recieved emotional damage from the acts of Name Media just got flushed down the drain. I wonder if Name Media lawyers are reading this thread and laughing.

If you wanted this thread deleted I am pretty sure a polite email to staff telling them of the harrassment you have recieved and asking politely to have it removed would have sufficed. Out of principle now imho this thread might remain and be damaging to your case. Since when does brain damage equate to being rude and obnoxious?.

Ibtl..

Comment #193

You don't stand a chance. You're just wasting your money...

Comment #194

Can't we just ban this guy... what a bunch of BS this is.....

Comment #195

It's nice to see a more reasonable side to you Curtis and the loss of the overly large, bold type is welcomed by all I would imagine.

Wether you win your case or not, and I gave my opinion on that, I sincerly hope that you can find some happiness in your life and move onto better things...

Comment #196

That's nonsense.

Anyone here is free to express their opinion on any subject they'd like, just as Mr. Neeley has the right to be a meanspirited threatening blowhard with a frivolous suit, which he has already admitted was brought for an improper purpose...

Comment #197

Thanks jberry, I think it's a consensus among pretty much everyone but 2 people that everything ultra had to say had about the same merit as this case did/had...

Comment #198

9 voted for summary judgment.

13 voted that it was an issue for a jury to decide.

38 "domainers" voted that it was frivolous....

I stated that I would not post here again until there was a court action..

================================================== ==.

1. NameMedia Inc d.b.a AfterNIC HARASSED ME RECENTLY! I already filed and there has been a police report. There was no court action that resulted. It will be evidence supporting my damages..

..

2. THERE WAS A COURT ACTION I HEARD OF TODAY! Honorable Jimm Larry Hendren has granted my request to proceed IFP! Had the judge felt the case was frivolous he would not have approved this! A ruling of IFP will not be granted for a lawsuit that the judge feels is "on-its-face" frivolous. I did not have to wait for a jury to decide! I hope all thirty-eight of you "domainers" understand that domain-name speculation is now an endangered species? The judge has already ruled against the majority of your ANGRY or wishful votes! It is NOT a frivolous action..

================================================== =.

There are no questions of law that might require a jury. NameMedia must respond now. NameMedia will move that the case be dismissed as frivolous. It is a standard motion. I will then point out to the judge that it is an insult to his initial IFP ruling as well as another act to cause additional emotional distress and damages..

I have asked for a minimum of ten-million dollars. I realize this may be more than the jury will award. Had I asked for one dollar they jury could not grant two and the ruling withstand an appeal. This lawsuit is destined for the Supreme Court. NameMedia might hope to get a sympathetic domain speculative jury? I will ask that people with more than two domains be excused from the jury. Owning multiple speculative domains is a prejudicial factor.



================================================ It is now just a matter of time!.

[removed by mod - irrelevant self-promotion].

I will not post here again till the next court action...

Comment #199

Why are you even posting all this here?.

Is anyone interested what you do? What you eat? when you sleep? What books you read and what books you write?.

Atleast I am personally not interested in knowing what the hell happens in there.

About 250,000 - 300,000 people die per day so I guess more NPers will agree with me and stop paying any attention here..

Comment #200

How does "no court action" result in "evidence supporting my damages"?.

You're so BS. And how many domains do you own? More BS from you. Now I wonder if you're just a troll using drama to promote your various sites.

Really this whole thread is now bordering on the complete absurd. I wish I could change my vote. Originally you presented an interesting scenario where NameMedia grabbed your domains in order squeeze money from you. But now I have to think YOU are the abuser in this situation and you don't appear to be a rational or sane person.

That's my view and it's based on your own words...

Comment #201

The recent post by CurtisNeeley makes absolutely no sense and violates a lot of NP rules. I've unapproved it now pending further investigation...

Comment #202

Regardless of the merits of the case, this was an interesting read. More interesting than this case is Curtis' life...What was and what is now. "...causes him to be more self-centered and very blunt. He also has very little tact".

Obviously a lot in common w/ many here imo...

Comment #203

Why has this thread even been dragged up again.

Ok after being informed from a rather sexy mod I now know why .....

Comment #204

He did posted today.

That is when I posted my above post.

But his post has went in for moderation. Might come back or might go to the trash can...

Comment #205

Delete the post if you want. I just was letting you guys know my case has been found not to be frivolous by the United States Court Judge for the Western District of Arkansas, Jim Hendren. I was granted a motion to proceed as a pauper..

I will win, but how much or little I win in PUNITIVE DAMAGES might cause me to just loose medicaid and disability?.

The people I sued asked me to sign up for a webinar with them to learn the value of a domain and how to price them? Read their "in-your-face" harassment and see my response HERE.

The police and PA are involved now and anything similar from them will be prosecuted now...

Comment #206

That, Curtis, will be for the judge to decide.

Good luck...

Comment #207

Whatever the post was, it should not be deleted. Apart from all the recent comments by folks making no sense now because the post being responded to has done a Houdini... this entire thread should be preserved as a reference for the future.

Curtis, the Judge may well have granted your motion to proceed as a pauper but the frivolous part will be decided later once he has all the facts and not just your spin.

Also, making such a fuss over an email sent to ALL AfterNic members - something you signed up for - only goes to show just how delusional you are...

Comment #208

Good luck but you know, as well as everyone else who read about it, there is no way you will win that case..

Comment #209

I am quoting from your [original - deleted - total BS] Post.

Any 5 year old kid can see you yourself have more then 2 domains.

Curtisneeley : is associated with about 16 domains.

Source : Curtisneeley.com - Curtis Neeley - Curtis Neeley Photography Earth Eye Images..

Comment #210

Someone take care of curtis' signature as it contains links to adult content..

Comment #211

Hi Curtis.

Just so you are aware the email you refer to was not just sent to you to harass but sent to all persons whom signed up for/requested their emails.

Dont feel this was a personal attact to yourself they bug us all (at our request).

Just click the box that says you no longer wish to receive these emails.

Good luck..

Comment #212

Do you also have the matches (or a lighter)? Sounds like WP will be / have been issued. I remember getting warning points for a post I made (tame imo) just prior to the adult thread. The adult thread came out, I re-posted and it was received well.

If there is a sig problem, why not deal with this in private?.

Some nice pics (art) BTW..

Comment #213

Yes it is already on the radar as Mods are also fed up of looking at that nude pics...

Comment #214

I hope NameMedia thinks the same thing. Seeking dismissal is almost a sure thing. The judge already ruled on the frivolous part_! I hope they waste the money to insult me. The facts are cut and dried. A frivolous motion will add to my mental distress and require me to refresh their legal team in the basic principles of law. I never signed up with AfterNIC! If they harass me again, they will be charged with a crime.

They put in a default excuse alleging that it was requested by me. That is just the escape hatch they will try to use. It appears to me that everyone else is deluded. I am only following logic. Two plus two equals four the same way that NameMedia registered two strong common law trademarked domains of mine that expired while I was incapacitated.

The lawyer of theirs who challenged me was first licensed to practice law in MA two years ago. His error in judgment may only be because his ears were still wet? I seriously doubt they will proceed with a rookie. He was not even admitted when NameMedia first contacted me and told me they were keeping the domains unless I took legal action and address any further questions to their legal staff and that if I changed my mind to consider buying the domain..

I will seek dismissal of any frivolous motion for a dismissal. I do not believe even a new lawyer will try that but it would still be EXTREMELY illogical.

================================================ Thanks sir. I am asking a jury to decide on damages. I will seek a summary judgment with a jury request as the alternative. There really are absolutely no questions of law.

It is the same as 2 + 2 = 4. Logically; It is already over..

Will someone please tell me why they feel that I am delusional?.

1. I registered a domain name in the mid-to late 90s..

2. I used it in commerce for nearly a decade..

3. I was in a car wreck and made an incompetent..

4. My guardian had too much to worry about to mess with the website and they expired..

5. I was still in the hospital when I first contacted NameMedia and attempted to recover them..

6. As I recovered more, I once again contacted them and advised them that they had been used by me and were still rightfully mine..

7. NameMedia responded that they were certain that since they checked for TMs etc that they would keep them..

8. They asked me to bid more than 2600 for one domain..

9. I once again replied that they were already rightfully mine..

10. They sold one for 2300 as published in their S1 and I sued sued them..

WHERE is my delusion ??.

Keep in mind that a common-law trademark is as valid as a USPTO registered TM..

Maybe there is a fundamental error in my logic and I am delusional?.

If so, please point out where. 1-10..

Comment #215

1. I registered a domain name in the mid-to late 90s..

- Yes you did.

2. I used it in commerce for nearly a decade..

- Yes you did.

3. I was in a car wreck and made an incompetent..

- God is great. Thank him for saving your life Pray to god and whatever religion you follow. Please don't forget to thank your god for giving you such a wonderful life. In 2050 you will not be able to see 90% of members over here. They all might have been gone.

4. My guardian had too much to worry about to mess with the website and they expired..

- Yes he did Thank him too, for all the care he took when you were alone and not powerful enough.

5. I was still in the hospital when I first contacted NameMedia and attempted to recover them..

- That depends on the domain expiry date. It doesn't depends on weather you are at home of hospital.

6. As I recovered more, I once again contacted them and advised them that they had been used by me and were still rightfully mine..

- They had been used by you. [Past Tense].

I also used to live on one house and I also slept in a hotel room for some dollars a night. But I don't sleep there anymore. Someone else does sleeps there, What should I do.

7. NameMedia responded that they were certain that since they checked for TMs etc that they would keep them..

- Can't comment on them what they thought they thought. Just trying to solve your queries.

8. They asked me to bid more than 2600 for one domain..

- Well I am no good at negotiations.

9. I once again replied that they were already rightfully mine..

- But not in your control.

10. They sold one for 2300 as published in their S1 and I sued sued them..

- Yes that is why you are here..

Comment #216

There are many words I would use (anger, depression, are two rather then delusional but that does pop to mind when you are talking about Millions in compensation. Saying that, I think you do make some valid points and I for one am very interested to see how this ends up..

This is not in my mind a clear cut case of if it drops you lose it but you would gain more support/respect here if you did not rant and certainly did not attack Namepros or it's members.

Just my thoughts..

Comment #217

Uh oh. If John B sees that, I very much doubt he'd agree given his real-world experience in this.

And I wouldn't be too sure about the facts being cut and dried. You posted a couple that can actually.

Be used against you, but...I'll leave that for NameMedia, AfterNIC, etc. to point them out in court...

Comment #218

Mods or other,.

I was unaware that my EXTREMELY tasteful figurenude photos were troublesome. Rather than modify the signature only I have modified the website. The page is now Mod friendly. I missed this post until tonight. Sorry I disturbed.

I recently noticed that NameMedia has asked that the internet archives be removed for SleepSpot before they cybersquattted it. Luckily I had saved several pages as PDFs. I will now talk with the Archive's board to have the archives of pages I created restored...

Comment #219

We have decided to reinstate your original post, but have removed the self-promo regarding your book, which is not relevant for this thread. You must also remove the link in your sig regarding the book or edit the page to remove the adult content...

Comment #220

Dude it's not that fact that your art is tasteful or not tasteful it's that fact that it is ADULT CONTENT as it shows NUDITY and in the RULES it states to not link to ADULT CONTENT in your SIGNATURES!!!..

Comment #221


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

 

Categories: Home | Diet & Weight Management | Vitamins & Supplements | Herbs & Cleansing |

Sexual Health | Medifast Support | Nutrisystem Support | Medifast Questions |

Web Hosting | Web Hosts | Website Hosting | Hosting |

Web Hosting | GoDaddy | Digital Cameras | Best WebHosts |

Web Hosting FAQ | Web Hosts FAQ | Hosting FAQ | Hosting Group |

Hosting Questions | Camera Tips | Best Cameras To Buy | Best Cameras This Year |

Camera Q-A | Digital Cameras Q-A | Camera Forum | Nov 2010 - Cameras |

Oct 2010 - Cameras | Oct 2010 - DSLRs | Oct 2010 - Camera Tips | Sep 2010 - Cameras |

Sep 2010 - DSLRS | Sep 2010 - Camera Tips | Aug 2010 - Cameras | Aug 2010 - DSLR Tips |

Aug 2010 - Camera Tips | July 2010 - Cameras | July 2010 - Nikon Cameras | July 2010 - Canon Cameras |

July 2010 - Pentax Cameras | Medifast Recipes | Medifast Recipes Tips | Medifast Recipes Strategies |

Medifast Recipes Experiences | Medifast Recipes Group | Medifast Recipes Forum | Medifast Support Strategies |

Medifast Support Experiences |

 

(C) Copyright 2010 All rights reserved.