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Nuevolution

posts: 1223

Dec 16, 2007 9:36 PM ET    Quote  Report Abuse
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Here is an interesting reource: http://www.keytlaw.com/urls/c&d.htm . This shows if someone feels there rights have been infringed upon, there are remedies. This pertains to trademarks and infringment.
 
Erin


Erin,
Good resource,
You know what the problem is, many lawyers, don`t understand how a domain name works or how to handle such case, and the ones that have tried challenging the Virtual world, have found themselves in trouble.
Here is why it`s so hard to even know who the legal owner of a domain name is these days.
Changing the WhoIS records every twenty-four hours is something, that I`ve seen done.
Or what if you get a Privacy lock on the Domain name? then you are into deep.
with a Domain Privacy Block, the system generates and fake email such as 71234@mycompany.com, which doesn`t excist so even if you send out the letter most-likely no-one is ever going to get it, unless they open an email with 71234@mycompany.com.

Another point, As long as I don`t open a business under that domain name, I can have it sitting there for as long as I want. Explanation: so lets say I bought StartUpnation.net, if I just have it sitting there, I`m not infringing anyones patents, trade marks or Company. The minute I develop a web site like SUN, and I am similar or closely related, then I can get in trouble, because I`m infringing their copyrights (in other words we are in the same line of business)
Now here is something that wouldn`t hold up in court... Let me give you an example, my company`s name is: Nuevolution but there`s a bio-tech company named Nuevolution out there! and they own the domain name nuevolution.com, well after years of keeping in touch with them, they released the domain name nuevolution.net to me. Why did they do it? because they knew that I was into web design and they are a bio-research company so we are not in the same line of work....so owning domain names and just having them sit there is totally legal.
I can share some letters with you if you wish, I`ve been threatened about 30 times... but, hey thats all they can do...

Nuevolution12/16/2007 9:39 PM


-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net
nhgnikole

posts: 2660

Dec 16, 2007 10:51 PM ET    Quote  Report Abuse
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It`s not about an intellectual pissing match ... it`s about people who are not knowledgeable about the technology thinking that this is a legitimate business opportunity when in reality, what you are doing is no better than a scalper buying up 100 Hannna Montana tickets and selling them for $1,000 each. Yes, people will pay it ... but should seeing the concert really be a function of how much you love your kid enough and how much you are willing to pay? People should see the other side of the coin and learn the impact of their actions. What "domain investment" is is the scalping of keywords at the expense of small businesses that can`t afford the kinds of bids that a much larger business can. Your argument is really that someone should have known 7 years ago that they wanted a certain domain and purchased it then? There really is no comparison between what I do and this "domain investment" practice. Yes, it`s a loophole in the system, and with the domain auction system there are many loopholes in the system when honest mistakes can cost people their entire online presence. It doesn`t mean we should all jump in and exploit it at every turn.

I wanted to add something to the "soap box" comment: Like so many other great businesses I`ve met through Sun, our business practices corporate social responsibility. This means that our core philosophy includes consideration for our community, our clients, our employees, and our environment. Yes, I could "get mine" as Edgar says, but instead I chose to practice CSR and still remain profitable as a company. It is not an either/or proposition ... it is decision to adopt a philosophy to do your best in life and in business, and stick to it. So Edgar, it is not your way or the poor house ... business owners can adopt philosophies to uphold standards while creating a profit for their business and providing for their employees and families.
nhgnikole12/16/2007 11:38 PM
stonesledge

posts: 1093

Dec 16, 2007 11:00 PM ET    Quote  Report Abuse
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I do have to add that Nikole does alot more than websites and also supports helping folks in business from a very knowledgable backround. I respect her and her thoughts on this practice. She is stepping into the shoes of folks who are on the other side of the domain issue, and we all have to understand that. I was trying to get my trademarked name under a certain extension for a few years and was watching it at every renew anniversary...somehow, someone esle purchsed it. A few weeks later I was running a search on our name and I can across the name under a page that the name registration was refunded and luckily I was able to pick it up. I had the domain backorder on it but I never was noticed. I also have had a registrar not email me as it was set to do for my renewal becaus ethey did not do automatic renewals one time and I was glad to catch it because I understand how the art of domain owning and buying works. I would hate to have to lose my name over that. I now have them registered and autorenewed. I hear both sides and we all have our opinions and thoughts on the practice.
Erin


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Our Goal Is Your Success!
Founder Girls with Goals
letutor

posts: 192

Dec 17, 2007 1:33 AM ET    Quote  Report Abuse
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nikole,

I would appreciate it if you want to continue discussing this to make your own thread.  I did not create this thread for this topic.  It was meant to help others find domains that they need and or want. 

Nuevolution

posts: 1223

Dec 17, 2007 2:18 AM ET    Quote  Report Abuse
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NIKOLE,
Corporate and Social Responsabilities don`t come down to domain names Nikole. If I choose to purchase expired domain names and resell them at a profit I can do so, there is no rules that say that because I practice "Domain Name Reselling" that I am not doing my Corporate / Social Responsabily" or that I`m a bad person... or that my company is someone not worthy of do business with simply because I purchase domain names. You know what my Corporate responsability is? Helping Children with Autism and as a matter a fact I am starting a parent to parent support group that focus on helping the families with autistic children... Now that is what I chose as my social responsability and did you know that some of that money goes into funding or helping families... So what are you doing for your so called Social responsability? Blabbing away.. like always..Trying to look good?
Le Tutor back to the topic..




-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net
nhgnikole

posts: 2660

Dec 17, 2007 3:35 AM ET    Quote  Report Abuse
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nikole,
I would appreciate it if you want to continue discussing this to make your own thread.  I did not create this thread for this topic.  It was meant to help others find domains that they need and or want. 


letutor, welcome to SuN ... threads often get "off topic" here.

As for your original point, it is often considered spam to post an article in a forum about [whatever topic] and then mention the services you offer and the items you have for sale in the end of the article. For this reason, I wouldn`t mention your concerns about getting your thread hijacked into another conversation entirely.

Cheers!
letutor

posts: 192

Dec 17, 2007 3:44 AM ET    Quote  Report Abuse
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Seriously Nikole move on.
vwebworld

posts: 1237

Dec 17, 2007 3:54 AM ET    Quote  Report Abuse
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Another point, As long as I don`t open a business under that domain name, I can have it sitting there for as long as I want. Explanation: so lets say I bought StartUpnation.net, if I just have it sitting there, I`m not infringing anyones patents, trade marks or Company.
 
Well, that`s not entirely correct. If you acquire a domain name -let`s say a .net of an existing .com and that .com is trademarked, you are infringing on the rights of the trademark. Especially if the .net is ponting to a site other than the tradmark`s site or even if the .net is parked.
 
The trademark`s owner can legally gain ownership of your .net domain and may even be awarded damages.
 
~Roland


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Web Design | Best Beef Jerky | ecommerce articles | Follow vwebworld on Twitter
Nuevolution

posts: 1223

Dec 17, 2007 4:04 AM ET    Quote  Report Abuse
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Ok, come on seriously... The thread was going OK... This is why I ditch alot of Good threads... on SUN.... Theres always that Negativity and the " Look at me fellas! I want the world to know that NHG Consulting is the only company you should do business with" weee!...
I`m surprised "Cookie Muncher" Nikole`s best girl friend hasn`t popped up... Honestly, Nikole...
At the end of the day, there are three things that make me sleep good at night...
1. My credit card processor is batch processing at 7:00 pm sharp...
2. My bills are paid...and still have money left over to go enjoy a nice steak
3. That my children are spoiled rotten and that their walk in closet looks like Toys "r" Us after a hurricane.

You treat everyone as if they are doing wrong and you`re the best... The thread was about selling domains we are trying to educate... Letutor? you`re in Tempee? I might be out there in Feb.



-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net
Nuevolution

posts: 1223

Dec 17, 2007 4:12 AM ET    Quote  Report Abuse
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Just for the sake of this convo... Check this at WIKI
1. Domainers
2. The man who owns the Internet

It`s a total different ball park fellas.... Le tutor... thanks for bringing up this topic... See if I would have brought up the subject... I would have been called from scalper to unethical...



-------------------------

Edgar Monroy
Web Developer / Owner / Consultant
When starting your own business the need to "know-how" is greater than money!
http://www.nuevolution.net
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