The Response. Short, Sweet, Masterful!

Morning Folks!!

On Tuesday I published our response that we submitted to WIPO and our 'Friends' in Brazil. Today I am making that link public. Interestingly enough, just this morning I heard of another domain win with the complaintant also being from Brazil when Mike Berkens sent me this link. I think we need to be alert to see if we hear of more of these cases coming from Brazil or any specific country for that matter.

Here is the link to our response for all to see. Howard did a masterful job of why these people should be found guilty of Reverse Domain Hijacking and we await a favorable decision that hopefully will call this as we have described.

I will have a LOT to say after the decision whichever way it goes. The decision is just the beginning of the episode and what is to come. I have a mission!

And while a ruling on Reverse Domain Hijacking is rare, Howard and I have never found a single ruling with more elements present in one single case. Usually there is one element of 'Bad Faith' in such a ruling. Here we have several.

You can be sure when the ruling comes down, you will be the first to know!

Rick Schwartz

21 thoughts on “The Response. Short, Sweet, Masterful!

  1. Lucas

    The domain king with deffending the rights of all domainers… would be a great movie for the cinema! :-)

  2. A Facebook User

    He he, honestly this is the first time I’ve read a UDRP response like this one. Thanks for sharing, and good luck.
    Would be interesting to see how this goes.

  3. Emma

    I feel very sorry for people wasting their precious time on domaining. Leave this business/occupation for people like Rick because these are the ones who started it and are the who are influencing other people to be in this business with hope that one day they may sell a domain name for 5 or 6 figures. They influence other people so their premium domain names can still have some value. Without other people in the business of domain names premium domains, owned mostly by people like Rick, will not have any significant value. And even if they have some value they may not sell them in their life time, that is because people already understood that domain held by someone is nothing. What is something is the idea, the concept. Once you have a good business idea, believe me, you always will get a domain name for that idea for even $5.00 (with Look at He made $1 billion. Can you make a billion Dollars domaining? never. Domaining is hassling and stupid. Don’t waste your time folks. If you know you don’t have a business idea please quit, you are going to waste your life.

  4. jim sickorez

    Rick and Howard,
    Great job…Short and sweet..Good luck although you shouldn’t need luck in this case…Slam dunk reverse hijacking case…Have a good day!!

  5. Leo

    @Emma… land in Manhattan is worthless without a great idea for use of the land? :)
    Would you also say that Sedo’s Domain Index is not correct:
    It sounds like you lost your cash buying domains and are bitter. Sorry, but you just did not catch on to domain investing then. This is one of the easier ways in life to make money…seriously!!!
    I created another $100 in daily passive parking income in just the last year, and that’s just parking….not including sales, affiliate program earnings, etc. Add that extra 36K to my bottom line on top of what I was making before and it is very substantial.
    If you fall off a horse, get up and get back on it. Don’t cry. Fretting and being negative never made anyone any money.
    There are better deals out there right now that have not existed since 2000…..literally. In 2003 you could not get domains at these great prices. Invest now or forever hold your piece when domain prices go to the moon in the next three to five years. After that happens I don’t believe we will ever see low prices again.
    There will be a day soon when folks laugh at how they were selling domains for $500 to 2K. That will look so silly, cheap and folks will be wishing they had bought that 2K domain which is now 25K.

  6. Leo

    Rick, I speak Portuguese and have many Portuguese domains.
    What I have found is that Brazilians can get quite testy and argumentative at times when looking to buy a domain. I’m not sure of the reason but I think it is a bit of a pride or machismo.
    Brazilians are known to be real jerks and arrogant in worldwide competitions like surfing, soccer, etc…. Other participants tend to not like dealing with Brazilians.
    It’s not like that when you walk in the streets in Brazil ; Guys are very laid back and nice. Somehow in biz or sports it shows up big-time quite often. Of course this is a generalization, but you get the point.
    There is a lot of”new money” in Brazil since the economy is exploding and just as anywhere in the world people that are new to big money or just finally having some sometimes get a big head. Blue bloods never act like this.

  7. BullS

    Yo Leo, I grew up in Portuguese too and so happen I own PortugueseSettlement dot com
    Love to see this Rick eats him alive….every bit of it.
    Go for it..Rick

  8. domainer

    Emma you are misleading as you talking about instagram cool B as anyone can do it! as if it were so easy like to spit on the floor

  9. Ms Domainer

    I hope you win this case. If not, I trust that you will take this to court and sue their a$$e$.
    This case is particularly important in that it COULD establish a well-publicized precedent (hopefully, the right one) and get those wild west UDRP panels to be more consistent in their rulings.
    Emma, you need to get a life. Find your own bliss and stop ragging on others.

  10. Charles

    Hi Rick
    I’m sure you realize that you are in a great position and have the opportunity to make examples of these halfwits. During and after the case I think these people should be made to suffer as much public humiliation as possible. And because this has the potential to effect all of us I suggest that you set up a donation account just for the principle. That would allow the small domainers and investors to contribute and be a part of the push against frivolous cases. I feel sure that you don’t need the money but you could always donate it to a group that’s fighting for us.
    Frivolous lawsuits should be treated as such in or out of the virtual real estate world.
    DO NOT hesitate to drop me a note if there is any way I can be of help … proof reading … fetching coffee, etc. {:~ ]
    Thanks Rick !!!

  11. Danny Pryor

    It is my greatest prayer and wish you emerge victorious in this action, Rick. This is not just about your business or your domain. This is the entire industry at stake; my entire livelihood and the very lives and careers of anyone who is seriously in this domain investing and domain development business. I must admit to being concerned. While it seems obvious to me how this case should tilt, the ludicrous rulings from previous panels make one quite nervous.
    Howard did a masterful job composing the response, and it certainly appears an air-tight case. But as you observe, it will be interesting to watch how many other cases emerge from Brazil or other nations.
    You’ve been drafted to lead a fight for the industry, in my opinion; it is unfortunate the stakes are so high. For all causes worthwhile, we know this to be the case. My thoughts and hopes and my very dreams are with you on this one.

  12. Jorge

    Hello Rick I’m in Miami, just few miles from you, and been following you and reading on/off for past two years and learning more from you and about domains each time. What I’ve learned from you this time is that you will ‘not’ take any BS from anyone trying to hijack your domains and other domainer’s domains names and that is good because neither would I. Because even though I only have a few domains and first one still own since ’99, it’s kind of stupid for anyone to claim they have a right to a new similar domain even though you purchased yours many years in advance. Hope all goes well with this but just know you have another friend here ready for the fight.

  13. TheOne

    “is this DomainKing” ? … looks like Domain KID.
    What a child-like response was that. Is Rick Schwartz 16year old kid ?
    1.) to hijack the BIGGER and better domain name
    -> What is BIGGER domain ?
    2.) nowing that Respondent had been using in one way or another for over 15 years; had developed substantial traffic to the site;
    ->”one way or another” … lol …
    3.) Even if the Complainant had a mark (which it does not),
    -> LOL, you still have not found Brasilian TM-Database
    With such response you publish it ?
    You are not businessman, nor domainer, nor domain king.
    Just one who had some luck in past.

  14. Gazzip

    Mystic Mary’s WIPO prediction says
    The Boys From Brazil – 0 and a public ass kicking
    Rick & Howard – 1

  15. steve

    Rick can’t win. With a strong compaing, T.U.R.D. has raised over 15 million for the plaintif. We plan a decisive blow against all domainers and to stop trying to protect their property.

  16. Domainer

    Everytime i come and read people comments on this subject, i tend to laugh. There are people that simply see domainers as criminals. This is exactly the same as seeing a land plot in new yourk city with nothing on it, and to ask its owner”you are not using the plot, so give it to me…or else”
    Criminality starts when the greed comes above all things.
    @emma; @theone, Criminality starts when the greed comes above all things.
    For these kind of people, we allways need to repeat things…


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