Comments on: COURTS CAN STEAL ALL YOUR DOMAINS AND CREATE CYBERSQUATTERS

By: JZ

JZ — Tue, 20 Oct 2009 13:54:14 +0000

I agree with you 100%, don’t understand why other experts in the domaining business don’t care about some of the ridiculous decisions handed down by WIPO and NAF, of course this one came from a judge. But the more I look at this decision, I believe the judge has set a prescedent that may help domainers. Since the judge gave Bosh all those domains in lieu of the $120,000 judment the respondent could not pay, it’s like Bosh paid $120,000 for all those domains, since the decision came from a judge,(although he has indicated he will transfer the names to Carmelo Anthony and the others)What happens if he changes his mind and keeps them? can these guys sue Bosh and win? This judge, by his decision has said that a personal name can be owned by someone else. It should not matter if you paid $120,000 or $10 to register it.

By: jp

jp — Thu, 15 Oct 2009 23:28:32 +0000

You’re right, I had the same reaction. It is overreaching and ridiculous. I’m sure that the respondent would lose all those domains individually in individual cases, but this judgement was unconstitutional.

By: Ken

Ken — Thu, 15 Oct 2009 16:11:33 +0000

“The justice system in our country seems like it is fair … but when you enter court, better have the cash to pay your attorney, who WILL make money one way or another.”

We’ve been there. It takes a toll emotionally and financially. No one outside of “you” will care until it happens to them. Justice? You must pay to play and if you can’t you had better get out of this game.

Real development and actually trademarking those efforts is the only protection a domain owner has. Otherwise you will be labeled.

By: Michael Berkens

Michael Berkens — Thu, 15 Oct 2009 15:09:57 +0000

Stephen

Here is my understanding.

First of all the guy holding the domains never showed up in court to defend himself.

The judge award Bosh $120k in damages as well as his domain.

Since the guy never showed up in court the judge determined that the damages were going to be uncollectable and awarded all the domains to Bosh as compensation in lieu of the damages.

Now If the domain holder paid Bosh the $120K in damages I guess he could get the domains back.

I also saw a statement that Bosh has no intention of using the names, his attorney said, and those whose names are on the list can contact Bosh’s attorneys at Winston & Strawn to get their name back for free.

Bottom line if you get sued you have to defend yourself. Not just in the domain world but for anything. If you don’t show up to court the plaintiff is going to get anything they want.