So this morning after my blog post I clicked on an ad at domaining.com. As a domainer we have all learned what constitutes a trademark and what does not. Today I want to show you an outrageous use of MY personal trademark! What if I told you a registrar is using my 'Domain King' name to help promote and grow their business and sell domain names without MY permission or knowledge?
Well that is EXACTLY what is happening if you look at the lower left hand corner of the website of onlydomains.com. Using ME and MY name to make sales. That is absolute BULLSHIT and in a small industry like this to do it, takes CHUTZPAH! How many domains and accounts did they get trading on MY NAME??!!
So here is a PUBLIC CEASE and DESIST! You have been PROFITING from MY name for MONTHS and TODAY it stops! Are they going to claim they didn't know?? They profited off of my good and high profile name and so this is the start not the end! Shameful in an industry as small as ours.
OnlyDomains.com aka Instra.com, the ONLY thing you have is a MAJOR problem! Using my trademarked name to trick people into believing I endorse or own or otherwise involved in a company I never heard of in this tiny industry is OUTRAGEOUS and so far over the line I am speechless.
And let me be clear, it is not about my trademark. It is about common decency. Could you imagine Fabulous.com or any other reputatble company in the domain industry doing that? Of course not!! So please don't tell me how 'Far away' they are. It is just below the belt bullshit that should not be tolerated or defended by anybody. PERIOD!
'Some People tell me I have a short temper. I prefer to call it a swift and assertive reaction to BULLSHIT'
|Goods and Services|
|IC 042. US 100 101. G & S: LICENSING OF INTELLECTUAL PROPERTY, NAMELY, DOMAIN NAMES; AND WEB SITE DEVELOPMENT SERVICES. FIRST USE: 19960731. FIRST USE IN COMMERCE: 19960731|
|Mark Drawing Code|
|(1) TYPED DRAWING|
|May 24, 2001|
|Original Filing Basis|
|Published for Opposition|
|July 22, 2003|
|October 14, 2003|
|(REGISTRANT) Virtual Dates, Inc. CORPORATION FLORIDA P.O. Box 810276 Boca Raton FLORIDA 334810276|
|Attorney of Record|
|Karen J. Bernstein|
|NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE 'DOMAIN' APART FROM THE MARK AS SHOWN|
|Type of Mark|
|SECT 15. SECT 8 (6-YR).|
UPDATE: At 5:35PM EDT they agreed to remove the reference but still waiting 2+ hours later.
UPDATE: The reference to 'Domain King' has been removed.
Nearly 17 years ago I factored in a lot of things when looking at domains, the evolution, the eventual industry that would be born, the fact that it was worldwide. Most importantly I saw that it gave opportunity to everyone no matter where in the world you were and even if you were handicapped (and I was) you could make a living. A good living. One without barriers or ceilings. One without travel.
But the one thing I never factored in was the domainer vs domainer factor. I always thought we would use those oars to get to the future. I never envisioned that so many of the oars were not in the water but using to combat other domainers. That's wasting time and progress and makes us all look like a bunch of unruly pirates on an old ship.
The vitriol today is not what it once was at the peak. That's a good thing. But I always imagine what it would be like if it were eliminated. Human nature is such that it won't happen. I guess I am kinda pissed at myself for not seeing this and factoring it in early on. I just wrongly thought that folks would focus on their business and growing it and sharing their experiences. All oars in the water.
So I think that was my single biggest mistake/miscalculation in all this and I really should have known being a student of Human Nature. I just always expected business people of our caliber would have gotten to the point of separating business personalities to personal personalities. Some just play better with others than others. I certainly don't have the best 'Social skills'. It's just not how I am wired.
I'll give you an example. Monday is my favorite day of the week. It's a 'Business Day' and I look forward to it. On the other hand I would say most folks might say 'Friday' is their favorite day of the week. See the difference. Now I do like Friday, but I am more comfortable on a Monday. I am just more business than social.
Maybe it was from all the schools I went to as a kid. Not easy making new friends over and over and over again. Illustrated by my last 3 semesters of High School were not only at 3 different schools, but was 3000 miles from the other, leaving a girlfriend, job and a familiar east coast way of life and then after those 3 semesters going to College and doing it all over again. The worst of it was easily the first semester of my senior year. Prom? What's that? Pretty hard to go to the Prom when you have only been in a school a few weeks.
I guess you can say I am 'Socially Challenged' at times. My guiding light and best Friends have always been 'Numbers'. Through all those years and all the schools, the only true constant was numbers. Numbers went with me wherever I would go. They were always the same in a sea of changing faces and places. They never let me down. (Except on test scores lol)
Oh well enough of this. My oar back in the water where it needs to be.
Have a GREAT Day!
Next Friday August 31st prices go up $200 per ticket from $1595 to $1795 and then $1995 at the door. Now is the time to decide to come to Florida in just 6 weeks and 6 days from today. Decision time. Register TODAY!
Besides the price savings by registering now, we have also updated our website to tell a story to end users. We take them on a tour to help educate them about traffic and T.R.A.F.F.I.C. You will be seeing a lot of new faces and companies from outside the domain channel that are coming armed with opportunity and new ways to make old money. Companies inside the space have new offerings as well. Opportunity comes when you are proactive. When adversity motivates you as opposed to fear paralyzing you. Which bus are you getting on?
I want to thank Danny Pryor who has worked with me day in and day out to get this site just right. I hope you will take a few minutes and see what we are up to. A website is never done, it just evolves and I think you will agree it has finally evolved to a new level.
Nominations are all in and the voting will start soon. Keep an eye on your email this week for further instructions.
We are working on some exciting things for the auction and I hope to tell you about that part soon. We are still taking submissions. I have received many thousands and so far have only picked 10 domains that will definitely be in the live auction with another 10 under consideration. Thanks for your submissions. Just because your domain was not selected does not mean I don think it was good. It is measured by the other submissions and the one question I ask is 'Will/can that domain sell for the reserve price asked. So 3 groups. Yes, No and maybe. Since this is not our main business and we don't have any numbers to beat by some spreadsheet and overhead, I will simply select the domains I think will sell and will be widespread interest in. Whether we end up at 10 domains, 25 domains, 50 or 100 domains, the criteria is 'Will/Can it sell for the reserve price asked?'
You can now follow along as we once again build the schedule before your very eyes. Each and every day something will be added to make the show just a little better. It won't be complete until just before the show. I am purposely waiting even longer to put the agenda together this year to make sure each and every topic and panel is worthy of your time and you take away something solid that you can go home and employ.
Lastly, the hotel is now about 2/3 full. Saturday night October 6th looks like the one night we may be squeezed on rooms. So if you are coming in early for the cabana networking, time to make that reservation. If you have not been to the cabana networking, all I can say is that it is worth the price of admission all by itself.
That's it for now. Again, watch your email for your 'OFFICIAL TRAFFIC BALLOT' that will be sent out very soon.