RARE GRAB DOMAIN! 25,000 Backlinks! U.S. based "Web Design Firm"

http://www.google.com/support/bin/answer.py?answer=58&topic=360

Here's how this will undoubtedly end.

Also, Brady, contact google about their false directory listing here:

http://directory.google.com/Top/Reg..._and_Economy/Computers_and_Internet/Internet/

and the Business Copyright and possible TradeMark infringement here:

http://www.google.com/search?q=vbwe...ient=firefox-a&rls=org.mozilla:en-US:official

They have your phone number listed with a domain that is no longer under your control. If you need the contact info, let me know, and I will email it to you.


All the best Brady

 

Interesting , Brady I gave you 10 links on my PR5 sites to your new site

Hope this helps

 

You should really be posting that in the thread in the legal section. The page you linked to has nothing to do with this issue.

 

I disagree... This sale is in association with an assumption that the backlinks are legit...

and they are NOT as they are contingent upon a specific business:

Virginia Beach, VA Web Site Design Company


The google listing itself, if gone unsettled, could be viewed as an infringement on his .NET, legit website.

Once this illusion has been removed, any new owner needs to be aware that the supposed value goes with it. Google has been notified, and in all honesty, in areas of TradeMark and Copyright violations, their response will be alot like that of DMOZ.


That is... Listing removed.

 

Maybe the guys over at DMOZ can add his new site

 

The thread speaks for itself...Its been made pretty obious that the links were for the prefvious owner.

My beef is how irresponsible people like yourself are being when it comes to the legal side. A lot of newbies read here and your representation of the legal rights of a domain owner which are meant to wreck the sale could lead them to believe there is some merit.

If I was brady, I would start distancing myself from the thread at this point. He controls all the backlinks, he controls the DMOZ listing and the site is being sold regardless so trying to further scare people with misinformation doesn't look good.

Take care of your livelyhood since you indicated that was what was important. bdmunee is getting offers from places where this thread isn't even a part of it so all you are doing is spreading misinformation.

 

Don't get angry, I agree with you for the most part. I am simply making the potential bidders aware that this domain, regardless of it's current status, will NOT be worth what it was, for long.

As far as spreading misinformation, I am not sure what you are referring to.

Thanks,

Shane

 

Im never angry...I just type fast sometimes

There is a thread about this issue in the Legal section in which this was all debated...Specifically the infringement issues.

I'll even give you a green to show you I am just voicing my opinion, I'm not mad at anyone.

 

Ha, thanks.

Sorry was not aware this thread was in 2 places, thanks for leeping the peace, I honestly just don't want to see anyone get burned. As I mentioned earlier, I lost a domain that got squatted, though I was not dependant on it, so did not persue it as the previous owner is with this one.

Though, reality set in, and the domain I lost dropped from I believe, a PR5, to 0 as the backlinks went, for the most part, to my new site.

Expired domains can be great, as long as the old owner is not after them, because if they are, you can believe they will do some digging and contact a few listings, especially if they are web savvy.

Thanks,

Shane

 

This isn't a case of copyright infringement as the content of the site isn't being sold. Google is showing cached information that will change with the new update. Without a Federal Trademark registration, Google isn't going to get involved - even though a "common law" trademark has basically the same rights as a registered trademark when it comes to usage. The first to use the name, and continue to use it, owns rights to the name for their particular usage regardless of the TLD.

Prospective purchasers of any domain should check with an intellectual property rights attorney about possible trademark/service mark infringement issues - especially if a substantial amount of money involved, otherwise you might wind up with a domain you are unable to use. You do not need a registered trademark to own rights to a name - the US recognizes "common law" trademarks.

Just because you own a domain, it does not give you automatic legal rights to use the domain - i.e. if you owned "dellcomputers.com" you couldn't use the domain as the name itself would imply that you were associated with an existing businesses trademark - even if the sites content wasn't computer related (the domain name itself would confuse a consumer into visiting the site). If you didn't use the domain - i.e. put any content on the site, then Dell might not be unable to take the domain - but it would render the name useless for the owner. Domains names that are not generic, but imply a service or product are very much subject to infringement claims by the first company to use the name. The minute you put content on the site, the former owner could attempt start proceedings to take the domain.

 

specific question:

How can something like VBWebsites.com be trademarked? I mean you can probably trademark VBWebsites but not VBWebsites.com

VBWebsites can mean many things. Even your own example can mean many things. DellComputers.com can be used by a person (nick)named Dell posting about the latest fad on computers or anything under the sun. Will Dell (the company) have any leg to stand on?

It reminds me of mikerowsoft.com (something like that), although it's a different situation as Microsoft doesn't previously own the domain.

 

While all that is true, this seller is in violation of the language where it talks about intent to acquire a domain name with only the desire to re-sell it. The current owner/seller would be hard pressed to prove that was/is not his intent. While we all know that domain speculation for re-sale is a very big business, it does appear to be against the ICANN rules, and could potentially be used to return the domain.

As I mentioned before, though, the vitrol and anger is misplaced. While it would have been nice for the current owner to do something with it and potentially return it, it was neither his responsibility nor obligation. I still want to know how the domain name slipped away in the first place. I want to know why whomever is responsible for that is seem to be skating all the blame.

I also hope vbwebsites.net has been registered for 10 years. After this incident, anything less would seem foolish.

 

A trademark on a name gives you rights to the name - you can't add a .com or .net, etc., to get around infringement. A different TLD is still infringement. DellComputers is not a generic name - it's name implies it's usage/content and any use would be infringement. If you owned Apple.com, it is a generic name and Apple computers couldn't take it as long as its usage wasn't infringing upon its business. The name "AppleComputers.com" implies you are associated with selling computers or computer related products and is infringement - regardless if you are selling t-shirts on the site. Dell is currently suing "DellWebsites" for infringement - even though the owners real last name is "Dell". Your real name does not give you rights to infringe on an existing trademark. If your last name was "Trump" - you couldn't open up a casino and call it "Trump Casinos". It's a common mistake to think you can use your real name without infringing on a trademark.

Mike Rowe lost his domain as even phonetic spellings can be infringement. Even foreign words with the same meaning, misspellings, etc can be infringement. Infringement is usually determined by the websites content, but if the domain name implies the content, then any use of the domain can be infringement. MikeRowe.com would have been fine, it was adding the "Soft" that got him in trouble.

You can trademark a name with a .com (buy.com did it) but a trademark on a name (like "abercrombie and fitch") would be a stronger mark as it would include "abercrombie and fitch" plus any other added words. Some names are so generic they are unable to be trademarked and you can't trademark a name that is already being used by someone else (in the same classification).

 

hmmmm learning some law here.. thanks. (still trying to sink all in)

 

Yes, its all messed up that guy lost his domain ,but fair is fair

 

Well I guess it's time to respond.....

First off, I find it very interesting how all of a sudden, the rules/etiquette here at DP doesn't apply to me or this thread. This thread has been hijacked long ago and is basically a mockery of what an auction thread should be.

I am somewhat amused at how some members make assumptions about a person and/or situation without knowing anything about that person and only part of the situation.

What "if" this was MY sole purpose of income and my entire "livelyhood"? What "if" I needed the money from this sale to make my next mortgage payment and car payment? What "if" I had a very sick relative that I am trying to help financially because they are unable to get the medical care that they so desperately need? What "if" it was me that was helping to support a family in another country that are so poor they don't know where, or "if" they are going to be able to eat that day?

Don't worry folks, I am not asking for, nor will I ever accept charity from anyone. I don't want or need it. I am a man - therefore I accept responsibility for my actions and don't try to blame the world when I make mistakes.

I tried to do the right thing by allowing the previous owner the opportunity to purchase his domain back for a reasonable amount but he instead made every excuse in the book as to why it was too much/he couldn't afford it. Let's see: if $1,500 was too much, than how in the world can you afford an attorney to fight (losing battle) for your domain and to hire an attorney to "serve papers" on the person you say is responsible for renewing the domain?

I'll bet that your wife too has heard every excuse in the book about why you are late on child support huh?

Your first mistake was obvious - I mean anyone with a room temperature IQ puts any domain of real value on "auto-renew" at the very least or will reg it for years ahead to be sure something like this doesn't happen.
Yeah I grabbed it - so what? Is it my fault that you fucked up? I capitalized on YOUR mistake! It happens everyday in life too: like when a person doesn't make their mortgage payments and it goes into foreclosure, they auction it on the courthouse steps - I don't see lenders/real estate investors offering to give the home back to the homeowners.....or when you don't make your car payments and they come and repo it and it's grabbed up on the auction block by some car dealer who is going to make a ton on the retail sale of the car - how hard would the dealer laugh in your face if you offered to purchase your car back for what "he had into it"?

Your second mistake was airing your frustrations out in an open forum for everyone to see. Where did that get you? I mean really, so you got a little sympathy and some people to feel sorry for you - that's about it. I suppose it helped in your whole "I am a victim please help" cause but how do you think it reflects on you, as a business owner? The name-calling and the "I am so poor"/"woe is me" routine is not exactly the image I would want to portray as a person in your position.

Maybe the "do-gooders" here at DP would be interested in knowing a little more about you? This IS an open forum and a hijacked thread afterall.... Check out the link below - you may see a familiar pattern:

http://www.azbilliards.com/interviews/upa1.html

 

BDmunee ,

Never thought about it that way, Kinda like pawning Jewerly I guess, if you fail to pay it back it gets lost, sorry for messing the thread, I will stay quite,

My aplogies

 

bdmunee

Thats about my father which has nothing to do with me other than before starting my web business i worked for him during his billiard event that unfortunately coincided with 9/11. Whats done is done. I will move on and good luck with the auction. We are all in the right here. We all have valid remarks and thoughts. How we do things will be how we are defined as humans. I wont say another word and again wish you the best of luck.

 

It's a different first name - Geez.

 

read the WHOLE thread - geez:

Phil Muller: Max Eberle, Charlie Williams and myself met with Barry and Brady Behrman the next day. The promoter's financials seem to be at rock bottom.