cyber-squatting I can agree to, hijacking had me confused. :)
I also agree with your other statements. It was just the hijacking that
threw me off.
However, initially he stated he did have contact with them, unless my memory
is failing me. I don't keep these emails and am too lazy this time of night
to go to the archives.
If he did not contact them and is using the domain name, he might win. If
he wants to spend the money to fight them.
I hope so. We had something similar almost happen to our company, when we
were much smaller and could not afford the loss. We were using a payroll
company, as we could get better health benefits for everyone by using their
service and we did not need to have the hassle of dealing with the
paperwork. Plus we were only paying them a 10% premium, which is less than
it would cost us to do it ourselves.
They also went into bankruptcy and tried the same thing. We received a
telephone call from them, giving us the amount owed for that payroll period
and informing us they were sending a messenger to pick up our check for that
month's payroll costs and it would need to be ready by 10:00. This
surprised us, as generally they picked up the check when they delivered the
paychecks, which would be the next day. But we agreed to have it ready, as
it only required writing the check and both officers were available to sign
it.
About 30 minutes later, we received a telephone call from our account
executive with them, warning us not to give the messenger the check, as she
had just discovered the company was filing for bankruptcy at noon and that
we would lose the money if we gave them the check. She was upset that they
would pull such a trick and was warning all her clients not to pay.
That call saved us, as this was during our start up years and money was
tight. Losing the month's payroll and taxes might have put us under at that
time.
So I can appreciate how Tyson feels about what happened to him.
-----Original Message-----
From: Loren Stocker [mailto:[EMAIL PROTECTED]]
Sent: Friday, March 16, 2001 12:18 AM
To: easygoing; Loren Stocker; [EMAIL PROTECTED];
[EMAIL PROTECTED]
Subject: Re: [RE: [Cyber-Squatting??? HU?]]
Importance: Low
Dear Easy
I meant cyber-squatting.... It's just that I've be a victim of a "reverse
domain hijacking," so the word just poped out (If anyone's interested, see
www.goldline.com").
The process is stacked against domain holders, however, the trademark holder
has to show "no legitimate use." Protesting is usually considered
legitimate.
And I understood that Tyson has had no contact with Gold's, so he can still
choose his behavior.
Best, Loren
"easygoing" <[EMAIL PROTECTED]> wrote:
How is it hijacking?
He registered a domain name that had expired or was abandoned. He did not
illegally get the domain transferred from the rightful owner to his name.
I agree with you that offering to sell it was a mistake. Perhaps a fatedly
one, perhaps not.
I also agree that he should seek the advice of an attorney if he is serious
about pursuing the issue.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Loren Stocker
Sent: Thursday, March 15, 2001 8:04 PM
To: [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: Re: [Cyber-Squatting??? HU?]
Hijacking? Legally, yes. Ethically, perhaps. It depends on how you handle
this
with them.
The franchise does not "own" the trademark "Golds Gym" (nor does Mr. Gold,
anymore). The Corporation does. You may be well within you right of free
speech to protest Gold's Gym on this site. Yet, attempting to sell it back
to
them for anymore than "cost" is considered a no-no by ICANN, I understand.
Membership is the same as money. Bad faith is one of the keys in UDRP.
As with any advise from the net, advise is worth what you paid for it. You
may
be wise to consult your Attorney. Be Well.
Loren
[EMAIL PROTECTED] wrote:
> ---------------------------------------------
> Attachment:
> MIME Type: multipart/alternative
> ---------------------------------------------
Last week, I signed up a membership with a franchise of Golds Gym. Well 2
days later when I showed up to work out at 5am they where closed. A sign on
the window stated that they filed bankruptcy. Well in pursing there
attorney, I found that they where going to open back up. Well, several
months prior to this they ran the domain www.goldsgymseattle.com and they
let it go. I went ahead and registered it. My thinking was they took my
money and left. Well I figured if I have the Domain, I would get my
membership back free of charge in trade for the domain name. I have heard
nothing yet from them and have not even spoke with the, in regards to this.
I feel that the money I paid that they ran off with should be refunded since
they signed me up knowing that they can not full-fill my contract. If I did
this with a credit card to a credit card company, I would get thrown in the
slammer for fraud. I also feel that they are lucky I was the one who
registered it since I want to trade it for no money and to get simply what I
paid for. I figure if they do contact me, I would request a Lifetime
unlimited membership with the Bellevue and Renton, WA Club that took my
money. There would be no money exchanged. I JUST WANT WHAT IS AND WAS
RIGHTFULLY MINE. Also, is www.ihatemicrosoft.com cybersquatting? It is
simly modified? SO MY QUESTION IS, AM I CYBER SQUATTING? I just heard this
term yesterday.
Thanks
[EMAIL PROTECTED]
.
