The Rick Schwartz Domain Name and Traffic Blog:

Morning Folks!!

Welcome to SaveMe.com readers who are now coming to THIS blog post.

Bem-vindo aos leitores SaveMe.com que agora estão chegando a este blog.

Márcio Mello Chaves, aka Chaves aka Márcio Marcio Chaves foi considerado culpado de nome de domínio Apropriação indébita e má-fé por um painel de pessoa unânime 3 da Organização Mundial da Propriedade Intelectual (OMPI) em Genebra,

Tradução em português abaixo

I wrote this on May 2nd and have hoped I would be able to publish it in this form. I have to have 3 versions of this ready for when the decision comes down but I never was able to physically write the other 2. It would make me ill to even start. If you are reading THIS VERSION, we have reason to celebrate my friends as Marcio Mello Chaves, aka Marcio Chaves of buscape.com.br and saveme.com.br and brother Heitor have been labeled as REVERSE DOMAIN NAME HIJACKERS (RDNH)!! An attempted THEFT by an abuse of the system! Acted in 'Bad Faith.' GUILTY! If they did this in the real world, they would likely stand trial on criminal charges. That won't happen but most of us will agree that what they did was criminal whether acknowledged by the law at this time or not.

Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves has been found GUILTY of REVERSE DOMAIN NAME HIJACKING and BAD FAITH by a unanimous 3 person panel of the World Intellectual Property Organization (WIPO) in Geneva as he represented his brother Heitor Chaves and is now the OFFICIAL POSTER BOYS for Domain Hijacking and this type of attempted domain theft!! I do mean this literally. I will be having posters and banners made up with their images and ignite a worldwide campaign starting at T.R.A.F.F.I.C. Anyone looking these CLOWNS up will find out just what he and his brother Heitor attempted to do and got SPANKED! GUILTY! NEXT!!!!!

MARCIO CHAVES BROTHER HEITOR CHAVES OF BUSCAPE.COM.BR FOUND GUILTY OF REVERSE DOMAIN NAME HIJACKING. THEY WILL WEAR THESE LABELS FOR THE REST OF THEIR LIVES.

Feel free to display and distribute and point to this case when you are getting bullied. Don't take this SHIT from anybody EVER AGAIN! Big or small.

I believe not only is this a big win, but it is as clear and decisive a case of RDNH that has ever been decided. WE get to point to this episode for years to come as we have to deal with more and more predators trying to HIJACK our assets. This will not be the last we hear of this particular SaveMe.com case. This is a building block that will be used by me to protect other domains by creating case law.

I hope this case is used in other defenses and becomes a turning point in how folks approach this type situation. These folks are FRAUDS that tried a scheme that bent the spirit of the UDRP and it backfired on them in the short run and the long run. They have poisoned the well of negotiations and like they say in the old west, 'their money ain't no good around these parts.'

I think folks are beginning to understand that these decisons can affect the entire future of people and the days of terrible decisions will be less and less from this point on. I beleive there will be consequences for those that over reach on all sides. There is some definition that is now becoming visible. There will always be bad decisions, but there will be less of them and many will now go to Federal Court where standards are quite different and all eyes are watching.

You can consider this post and the one to come as 'spiking' the football in the end zone. I don't need to throw an elbow, I just need to shed light on this practice and use these CLOWNS as the vehicle to do it. HIJACKERS! So finds this world panel. Thieves in the social sense that got caught red handed for all their CUSTOMERS to see. In ink forever! NEVER to be trusted again!! That is their sentence! The Internet is about 'Character' and Reputation' and in this medium, they have destroyed both for themselves.

Today we celebrate a great victory. Tomorrow we start using the 2 x 4 with nails (metaphorically speaking) by spreading and circulating this story far and wide. I want to congratulate and thank my partner Howard Neu and all the other lawyers in the space that sent emails and offered their support. This was a huge victory and I can't put in words tonight what it really means. I only know what a loss would have meant and that would have been a very dark day for all. Howard's response was masterful, ballsy and we won BIG!

Since I met Howard in 1999 I told him of this case. I did not know which domain it would be, but I knew the case. I have prepared for years. I have written about it for years. It was only a matter of time and so it was. So these guys brought a knife to a nuclear fight and luckily it came late enough in the game in which panels are weighing things more evenly as so much is at stake!

D. Reverse Domain Name Hijacking

'In this case, the Panel is satisfied that the Complainant’s representatives were well aware of the importance of the chronological issue. The Complainant’s representatives are evidently familiar with the UDRP and both the Complaint and Amended Complaint make extensive reference to previous UDRP decisions. Yet the version of the Complaint originally filed simply ignored the issue of registration in bad faith, labelling the third factor as “Bad Faith In the Domain Name Use”. This must have involved deleting the reference to registration in bad faith from WIPO’s complaint template. After the Centre drew attention to this deficiency, the Complainant filed the Amended Complaint which belatedly addressed the issue of bad faith registration and, for the first time, invoked Octogen, seemingly as an afterthought.

Furthermore, the Complainant even predicted in the Amended Complaint that the Respondent would make an allegation of RDNH and so the Complainant clearly knew that it was skating on very thin ice.

The Complainant argued that RDNH cannot arise because the Complainant has merely sought cancellation of the disputed domain name, not transfer. The Panel disagrees. First, complainants should not be allowed to file cases known to be fatally flawed without the possibility of a finding of RDNH against them, by simply fine tuning the remedy sought. Second, as mentioned above, RDNH is defined as use of the Policy in bad faith “to attempt to deprive” a registrant of a domain name. If the Panel had ordered cancellation, the disputed domain name would in due course return to the domain pool where it would no doubt be subject to the attentions of the Complainant and others, with only a possibility that the Respondent itself might ultimately re-register it (assuming the Respondent sought to do so). Accordingly, the Complainant’s request for cancellation is no less an attempt to deprive the Respondent of the disputed domain name than a request for transfer would have been.

For the above reasons, the Panel finds that there has been RDNH in this case.

7. Decision

For all the foregoing reasons, the Complaint is denied and the Panel declares that it was brought in bad faith and constitutes an abuse of this proceeding.'

The entire decision can be read here.

As you all know I know ZIP about SEO. I contend it is about relevance.

Do a Google search of my friend and watch what happens in the days ahead as HIJACKER is added to the Prefix of his name just like Dr. would be used. The FIRST thing folks will find out about this CLOWN is that World Intellectual Property Organization labled him a HIJACKER of domain names and all the scrubbing in the world won't make it go away:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

As promised on the day this all started:

'Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!'

And how does his Law Firm, Almeida Advogados, Brazil, continue to employ him after this? Shouldn't there at least be some admission of wrong doing?? An apology? An offer to pay my expenses? I won't hold my breath but we will see if they actually condone and encourage REVERSE DOMAIN NAME HIJACKING by their actions. Courage or Coward? Almeida Advogados, Brazil you too have responsibilty and you too will pay dearly if you remain silent. Speak out now or NEVER!

Lastly, I want to thank the panel for a well thought out decision and for not being hoodwinked by the antics of the Chaves Brothers. It took time, courage and a willingness to look at the facts to make that comprehensive decision!

In this area I will be linking to other cases of Reverse Domain Name Hijacking as WE find them:

SaveMe.com

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment against GOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse 45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com Trailblazer Learning, Inc. represented by Brett W, Caledonia, Michigan is a Reverse Domain Name Hijacker

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a 'Reverse Domain Name Hijacker'.

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a 'Reverse Domain Name Hijacker'.

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 20 WallStreet.com The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a 'Reverse Domain Name Hijacker'.

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that the City of Paris, France was guilty of 'Reverse Domain Name Hijacking' in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a 'Reverse Domain Name Hijacker'.

All of these companies will be 'Recognized' at T.R.A.F.F.I.C. They are going to rue the day they decided to engage in hijacking. 1000x worse than being called a cybersquatter. The tables have been turned. Deal with it!

Buscape.com.br SaveMe.com.br (2012-2013) Poster Company for RDNH) represented by Marcio Chaves of Almeida Advogados, Brazil

Congrats Guys! You have all been tagged as HIJACKERS!! You will never rid yourselves of this title and it will follow these companies, people around for a very long time. This is the beginning of the end for this disgusting practice you PRICKS. Explin to your associates, clients, family memebers and neighbors. Blame YOURSELVES not ME!

And let's not forget the Goofoff.com case and these CLOWNS! and what they tied to pull.

Here are all related posts I have made on these DOMAIN NAME HIJACKERS. The first step in the next phase is to assemble EVERY case of RDNH and list them HERE!!

Post #1

Post #2

Post #3

Post #4

Post #5

Post #6

The reason this was such an important landmark win is because of the clarity of the facts. Had this decision gone the other way, we all know the very foundation of legitimate rights to domain names would have been threatened. The domain aftermarket would have been under a cloud. The entire capitalistic basis and foundation that every single domain owner has would have been in jeopardy and ripe for the predators. Now they have been warned of what will happen when you engage in this activity. It will have consequences you, your family, your colleagues will have to explain and deal with forever.

Have a GREAT Day!

Rick Schwartz

Translation:

Márcio Mello Chaves, Rotulado um seqüestrador NOME DE DOMÍNIO REVERSE no processo Saveme.com!

Sinta-se livre para exibir e distribuir e apontar para este caso quando você está sendo intimidado. Não tome essa merda de ninguém nunca mais! Grande ou pequeno.

Acredito que não só isto é uma grande vitória, mas é tão clara e decisiva de um caso de RDNH que já foi decidido. Nós começamos a apontar para este episódio para os próximos anos temos como lidar com predadores mais e mais tentar seqüestrar nossos ativos. Esta não será a última vez que ouvimos deste caso SaveMe.com particular. Este é um bloco de construção que será usada pelo me para proteger outros domínios, criando jurisprudência.

Espero que este caso é usado em outras defesas e se torna um ponto de viragem na forma como os povos abordar este tipo de situação. Essas pessoas são fraudes que tentaram um esquema que dobrado o espírito da UDRP e saiu pela culatra-los no curto e no longo prazo.Eles envenenaram o poço de negociações e, como se diz no velho oeste, 'o dinheiro não é bom por estas bandas.'

Eu acho que as pessoas estão começando a entender que estas decisons pode afetar todo o futuro das pessoas e os dias de decisões terríveis será cada vez menos a partir deste ponto.Eu acredito que haverá consequências para aqueles que ao longo alcance em todos os lados.Existe alguma definição que está agora a tornar-se visível. Sempre haverá decisões erradas, mas haverá menos delas e muitos agora vão para Tribunal Federal onde os padrões são bastante diferentes e todos os olhos estão vendo.

Você pode considerar este post e o único a vir como 'picos' de futebol na zona final. Eu não preciso jogar um cotovelo, eu só preciso lançar luz sobre essa prática e usar esses palhaços como o veículo para fazê-lo. Seqüestradores! Assim, encontra este painel mundo. Ladrões no sentido social que foi pego em flagrante para todos os seus clientes para ver. Em tinta para sempre! NUNCA se deve confiar de novo! Essa é a sua frase! A Internet é sobre 'Character' e Reputação 'e neste meio, eles destruíram tanto para si mesmos.

Hoje nós celebramos uma grande vitória. Amanhã vamos começar a usar o x 2 4 com pregos (metaforicamente falando) pela divulgação e circulação dessa história longe. Quero parabenizar e agradecer a meu parceiro Howard Neu e todos os outros advogados no espaço que enviaram e-mails e ofereceu seu apoio. Esta foi uma vitória enorme e eu não consigo colocar em palavras esta noite o que realmente significa. Eu só sei o que é uma perda teria significado e que teria sido um dia muito sombrio para todos. resposta de Howard foi magistral, corajoso e ganhamos BIG!

Desde que eu conheci Howard, em 1999, eu disse a ele deste caso. Eu não sabia qual o domínio seria, mas eu sabia do caso. Eu preparei por muitos anos. Já escrevi sobre isso há anos. Era só uma questão de tempo e assim foi. Então, esses caras trouxe uma faca para uma briga nuclear e felizmente ele chegou tarde o suficiente no jogo em que os painéis estão pesando as coisas de forma mais uniforme como muito está em jogo!

D. Domain Name Apropriação indébita

'Neste caso, o Painel está convencido de que representantes do queixoso estavam bem conscientes da importância da questão cronológica. Representantes do queixoso são, evidentemente, familiarizado com o UDRP e tanto a denúncia como Alterado Reclamação fazer referência extensiva às decisões UDRP anteriores. No entanto, o versão da Reclamação depositado originalmente simplesmente ignoraram a questão do registo de má-fé, marcando o terceiro fator como 'má-fé no uso de nomes de domínio'. Este deve ter envolvido a supressão da referência ao registo de má-fé a partir do modelo da OMPI queixa. Após o Centro chamou a atenção para essa deficiência, o Reclamante apresentou uma queixa alterada tardiamente que abordou a questão do registo de má fé e, pela primeira vez, invocou Octogen, aparentemente como uma reflexão tardia.

Além disso, o Reclamante, mesmo previsto na Reclamação Alterado que o Reclamado faria uma alegação de RDNH e assim o Reclamante claramente sabia que estava patinando no gelo muito fino.

O queixoso alegou que RDNH não pode surgir porque o Reclamante não tem cancelamento só procurou o nome de domínio disputado, não de transferência. O Painel discorda. Primeiro, os reclamantes não devem ser autorizados a apresentar casos conhecidos de ser fatalmente falho sem a possibilidade de um achado de RDNH contra eles, por meio do ajuste fino simplesmente o remédio procurado. Em segundo lugar, como mencionado acima, RDNH é definida como o uso da política de má-fé 'para tentar privar' O titular do nome de domínio.Se o Painel tinha ordenado o cancelamento, o nome de domínio disputado faria em troca devido ao pool de domínio onde ele iria, sem dúvida, sujeitas às atenções do Reclamante e outros, com apenas uma possibilidade que o Reclamado se pode finalmente voltar a registrá-lo (assumindo que o Reclamado procurou fazê-lo). Assim, o pedido do Reclamante para o cancelamento não é menos uma tentativa de privar o Reclamado do nome de domínio disputado do que um pedido de transferência teria sido.

Pelas razões acima expostas, o Painel concluir que houve RDNH neste caso.

7. Decisão

Por todas as razões expostas, a Reclamação é negado eo Painel declara que ele foi trazido de má-fé e constitui um abuso do presente processo. '

A decisão inteiro pode ser lido aqui.

Como todos sabem eu sei ZIP sobre SEO. Eu afirmo que é sobre a relevância.

Faça uma busca no Google do meu amigo e veja o que acontece nos próximos dias como Hijacker é adicionado ao prefixo de seu nome apenas como Dr. seriam utilizados. A PRIMEIRA coisa gente vai descobrir mais sobre este palhaço é que Organização Mundial da Propriedade Intelectual rotulado ele um seqüestrador de nomes de domínio e toda a lavagem do mundo não vai fazer isso ir embora:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

Como prometido no dia tudo isso começou:

'Márcio Mello Chaves, Heitor Chaves e SaveMe.com.br ..... Vocês vão ser os garotos-propaganda que acaba protegendo cada ponto titular do domínio com no mundo dos predadores e delinquentes como você. SCUM! Márcio Mello Chaves , você e seu irmão só fez xixi em cima do muro de alta tensão! mim. Mas você e que a empresa de terceira categoria que representam não podem pagar meu nome de domínio. Dotcom é REI! eu possuí SaveMe.com há 16 anos e você não vai roubá-la de mim nem de ninguém. Você e SaveMe.com.br estão apenas sendo exposto como os predadores que são. Talvez essas táticas trabalhar para você às vezes não, aqui. Nem nunca mais. Vamos ver o que seus próprios clientes têm a dizer quando isso vai viral. Você abriu esta lata de vermes. negócio com ele! Aqui é a sua página Linkedin por isso, se você receber um e-mail dele, corra! '

E como é que seu escritório de advocacia, Almeida Advogados, Brazil, continuar a empregá-lo depois disso? Não deveria ser pelo menos alguns admissão de fazer errado? Um pedido de desculpas? Uma oferta para pagar minhas despesas? Eu não vou segurar minha respiração, mas vamos ver se eles realmente perdoar e incentivar NOME DE DOMÍNIO Apropriação indébita por suas ações. Coragem ou covarde? Almeida Advogados, Brazil você também tem responsibilty e você também vai pagar caro se você permanecer em silêncio. Fale agora ou nunca!

Por último, quero agradecer o painel para uma decisão bem pensada e para não ser enganado pelas palhaçadas dos Irmãos Chaves. Foi preciso coragem, tempo e disposição para olhar para os fatos para tomar essa decisão abrangente!

Nesta área eu vou estar ligando para outros casos de Nome de Domínio Apropriação indébita de como vamos encontrá-los:

Caso # 1 é o nosso amigo Scott Dia da Digimedia que ganhou um R $ 100 + julgamento contra GOFORIT Entertainment, LLC, que é um Hijacker NOME REVERSE DOMAIN.

Caso # 2 Rain.com Chuva Media LLC envolvidos no Domínio Apropriação indébita

Caso # 3 CinemaCity.com Prime Pictures um Hijacker Nome de Domínio Reverso

Caso # 4 CollectiveMedia.com Coletivo Media Inc. é um Hijacker Nome de Domínio Reverso

Caso # 5 Elk.com ELK Acessórios Pty Ltd. de Preston, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 6 ForSale.ca Globo Media International Corporation é uma Hijacker Nome de Domínio Reverso

Caso # 7 Kiwi Mess.com sapatos Empresa polaca é um Hijacker Nome de Domínio Reverso

Caso # 8 Goldline.com Goldline International, Inc é um Hijacker Nome de Domínio Reverso

Caso # 9 K2R.com K2R (removedor de manchas) é um Hijacker Nome de Domínio Reverso

Caso # 10 CarSales.com Limitada carsales.com.au de Burwood, Victoria, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 11 Proto.com Proto Software, Inc., New York, New York, Estados Unidos da América, representada por Byron Binkley é um Hijacker Nome de Domínio Reverso

Caso # 12 TrailBlazer.com Trailblazer Learning, Inc. representado por Brett K, Caledonia, Michigan é um Hijacker Nome de Domínio Reverso

Caso # 13 DreamGirls.com Dreamgirls, Inc., Tampa, Florida, representada por Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, de Los Angeles

Caso # 14 Mexico.com Consejo de Promoción Turística de México, SA representada por Bello, Guzmán, Morales Y Tsuru é um Hijacker Nome de Domínio Reverso

Caso # 15 Windsor.com Windsor Fashions, Inc., Los Angeles, Califórnia, representada por Abraham M. Rudy, esq. e Julie Waldman, esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills,

Todas essas empresas será 'reconhecido' no tráfego que vão lamentar o dia em que decidiu se engajar em seqüestro. 1000x pior do que ser chamado de cybersquatter. As tabelas foram transformadas. Lidar com isso!

Buscape.com.br SaveMe.com.br (2012-2013) da Empresa Cartaz para RDNH) representado por Marcio Chaves de Almeida Advogados, Brazil

Rapazes Congrats! Você têm sido marcados como Hijackers! Você nunca irá livrar-se deste título e ele seguirá essas empresas, pessoas ao redor por um tempo muito longo. Este é o começo do fim para esta prática repugnante você aguilhões. Explin aos seus associados, clientes, memebers familiares e vizinhos. A culpa não vos ME!

E não vamos esquecer o caso Goofoff.com e estes palhaços! e que eles amarraram a puxar.

Aqui estão todos os posts relacionados que eu fiz sobre esses seqüestradores Nomes de Domínio. O primeiro passo para a próxima fase é reunir todos os casos de RDNH e listá-los aqui!

Mensagem # 1

Mensagem # 2

Mensagem # 3

Mensagem # 4

Mensagem # 5

Mensagem # 6

A razão que esta foi uma vitória como marco importante é por causa da clareza dos fatos. Se esta decisão foi o contrário, todos nós sabemos o fundamento dos direitos legítimos de nomes de domínio teria sido ameaçada. O pós-venda de domínio teria sido sob uma nuvem.Toda a base capitalista e fundação que cada proprietário tem domínio único teria sido em perigo e maduro para os predadores. Agora eles foram avisados ​​do que vai acontecer quando você se envolver nessa atividade. Terá conseqüências você, sua família, seus colegas terão de explicar e lidar com sempre.

Tenha um GRANDE dia!

Rick Schwartz

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.

http://www.erealestate.com/saveme.htm

I will have a LOT to say after the decision whichever way it goes. The decision is just the beginning of the Saveme.com 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

Morning Folks!!

This Press Release will be coming out on Monday Morning. Here is a sneak peak to start the circulation a bit early. My thanks to Danny Pryor and Howard Neu for helping to compose this. If you would like to possibly be quoted in this release, please use your full name for verification.

Rick Schwartz

BOCA RATON, Fla., April 9, 2012 - - eRealEstate.com Claims Online Property Rights Threatened As Government Body Agrees To Hear Saveme.com Complaint

Are United States citizens and companies that use the famous dot-com extension, as most U.S.-based companies do, now a target of foreign companies that want your valuable domain or your business? That question, according to Rick Schwartz of eRealEstate.com of Boca Raton, Florida who owns Saveme.com, sets the tone of a pending cyberwar at the World Intellectual Property Organization. Other online investors such as Paul J. Kapchuck, agree that the stakes are high as a showdown looms.

A pair of Brazilian companies (Online Services, Ltd. and E-Commerce Media Group Information and Technology, Ltd.) owns the domain saveme.com.br (the .com.br extension is reserved specifically for Brazil) that they registered in 2010 and started using in 2011. On March 13th, these companies filed a complaint with World Intellectual Property Organization (WIPO), against Schwartz. Schwartz asserts that the pair is hoping to grab the very valuable dotcom version of that domain. SaveMe.com was registered by Schwartz in 1996 and SaveMe.com.br wasn't registered until 2010.

Both Schwartz and Website Developer Danny Pryor, as well as established trademark attorney Howard Neu, agree the present case is an effort to use Internet administrative procedure to seize a generic domain name that was registered 15 years before the Brazilian companies were ever in business. The Brazilian companies even noted in their complaint that they had not even secured a trademark, blaming the Brazilian Government for dragging its feet. The companies state, in their complaint, no trademark can be granted because of 'Brazil Trademark Office's enormous backlog in analyzing trademark applications.'

While WIPO rejected the original complaint last month, citing “deficient” arguments, an updated version of the complaint was re-filed on March 24, after WIPO sent the case back to the filers for modifications. Among the deficiencies observed by WIPO, the most notable was that the original complaint had not fully explained how bad faith allegations applied in this case.

WIPO comments to the complaining parties is viewed as a slant in favor of the complainant, by at least one attorney's account. Paul Keating, a world-renowned Internet Attorney, specifically observed on this guest blog post that WIPO provided the complainant in the saveme.com UDRP case, 'a second bite at the apple, because they are being advised to review and correct substantive issues pertaining to their burden of proof.'

WIPO, on the other hand, will not provide Mr. Schwartz with a second bite of the apple if he fails in his efforts to defend his domain of 16 years, Neu observed, calling the arbitration setting an uneven playing field. 'Schwartz will be forced to file a new action in U.S. Federal Court for relief,' Neu said. Howard Neu represents Schwartz in the WIPO case and has been his attorney since 1999.

'This is a perfect example of 'Reverse Domain Hijacking',' Schwartz said, 'A party, with no rights whatsoever, tries to bully folks into giving up their domain name, and the domain name owner in many cases can’t afford to defend his property. That defense often costs many thousands of dollars. The Brazilian Complainants must show that in 1996, I registered the name in 'Bad Faith' and somehow knew a company half a world away would use that name 16 years later.'

Schwartz added, 'We are determined to let folks who may own valuable dot-com real estate know what is to come, as a bad decision here could have a huge impact on online business. In fact, it could make U.S. businesses much more vulnerable, because we rely on dot-com for our online presence and commerce, as opposed to other extensions or country codes.'

The Brazilian companies have asked WIPO for a three-member arbitration panel, composed entirely of Brazilian nationals. There is no date currently set for the arbitration hearing.

About eRealestate.com: eRealEstate.com has been buying and developing electronic real estate since 1995. eRealEstate.com is the net's first site devoted to domains and their development.

Morning Folks,

So I pose the question: Is SaveMe.com Action a Premeditated hit on Rick Schwartz and Domaining itself? Why would I ask that? Well first you would have to get into the shoes and the heads of the Brazilian brothers. Let's do that.

So it is 2010 and they register SaveMe.com.br. Did they happen to see that the .com version was taken at that time? What was that conversation?

or

In 2011 when they launched did they know that SaveMe.com was a parked page? What was that conversation?

or

It's August 2011 and they make their first offer. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?

or

It's August 2011 and they make their second offer. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?

or

On September 14th they made their final offer to 'Settle' something I did not know at the time even had to be settled. Did they have a conversation about how much they would spend and what they would do if they could not afford to buy it? What was that conversation?

and

Were there conversations with any other parties or other attorneys that are ORGANIZING an effort to take domains away that were targeted for various reasons?

and

Were there conversations about the traffic levels of SaveMe.com that seem to DWARF that of the SaveMe.com.br. Yes I said dwarf them. Since Alexa nor Compete can measure direct navigation traffic I have reason to believe that we get more traffic then them and this may be more that a grab at a domain but even deeper. Targeting the valuable traffic which is the oil the domain pumps. Did they have a conversation about that traffic since they point to Alexa? What they fail to mention is when you do a search of 'Save Me' SaveMe.com.br comes up #1. However SaveMe.com does not show any results at all as of this writing 10 pages deep and maybe more. There is a reason for that. The domain has never been submitted to Google for any SEO and all traffic is by direct navigation.

plus

What do they teach at WIPO Academy and what would happen to somebody that were to abuse, manipulate or commit a fraud?

I have talked about what would happen when the world were to understand the true value of our assets since the 1990's. It was 100% predictable because human nature takes some down a dark path. They can't resist the shortcut instead of a good old fashioned work ethic. Just look to history.

now

I made my point and used these chumps as a warning to the next company that pulls this on me or anyone. If they or anyone else want to risk their own clients and customers finding out about their practices, now or anytime in the future, then so be it. THEY take on the risk. They take on the FULL risk. This is my disclaimer so they know what to expect. If THEY act in Bad Faith I will make sure it circulates. If somebody has a legitimate claim that is a different matter. But heaven help them, because it better be legitimate from this day forward.

More to come boys. This is just the start of the offense and will continue until the 2 of you get out of my life. Until then, enjoy my branding creativity!

Rick Schwartz

Morning Folks!!

The Poster Boy for Reverse Domain Hijacking, Márcio Mello Chaves, has hit a little snag. I received the '5 Day Stay' early this morning. I will share the details.

The case will not been accepted by WIPO citing lack of specifics in accordance with 'Bad Faith' unless amended by March 24th. So the clock is ticking. Let's see.

'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:

(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.

Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.

(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).

Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'

I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'

Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. The 'Clown' would have to turn himself into a 'Magician'!

And so on this single point alone Márcio Mello Chaves will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied if/when it ever goes forward! It is flawed on so many levels it could not even reach the lowest bar let alone some of the high hurdles.

Márcio Mello Chaves of Brazil Acting in BAD FAITH on behalf of SaveMe.com.br
The POSTER BOY for Reverse Domain Hijacking

Stay Tuned!

Rick Schwartz

Afternoon Folks!!

So today I get a WIPO action from a company in Brazil I never heard of until today. What struck me was that it was one of the most generic domains I own. SaveMe.com

I hand registered this domain in 1996. Before this company was even in business or thought of. They decided to go the lawyer route and try to reverse hijack this domain that they have no claim to whatsoever. Now I am going to stick it up thier asses! :-)

But it gets better. As I am going through the attachments and this CLOWN, Márcio Mello Chaves, contacted me back in August to buy the domain name. I told them at that time “High 6 Figures”. He came back at $10k and I said not even $100k. End of that chain. There may be more, have not researched anything yet on my end. (See comment 99 for details)

The clown is actually the attorney that filed the WIPO Action. So now that I know this CLOWN, Márcio Mello Chaves is just a wolf in sheeps clothing he is a low life to me. When some LOW LIFE stoops to that level, that rubs me the wrong way and I intend to use this guy as an example along with the CHEAP PRICKS he represents. Oh, that would be himself and brother pictured below. Marcio on the left and Heitor on the right of Buscape.com.br. Guys that appear to be professionals and would not suspect them of doing bad things and so now they are EXPOSED for the WORLD to see!

Did these two CHUMPS conspire against me and my domain name to Reverse Domain Hijack Saveme.com because they own SaveMe.com.br and were too cheap or did not have the money to buy MY domain name? Now I am going to stick it up BOTH of their asses. Let's find out what they KNEW in June 2010 when they opened up shop. Are these CHUMPS going to claim they did not know the dotcom version was taken???

But more importantly to YOU, this is what I learned. Just like the .co leaked 61%, one of the documents they filed show that 43% of my traffic comes from Brazil. The traffic they might be leaking. Why?? Because this CLOWN represents SaveMe.com.br and they have a HUGE LEAK! Or so they say.

Yo Baby!! That’s what I have been talking about for years now and especially recently. Not my fault dude. Not my problem dude. There are thousands with similar problems. Talk to ICANN. The new gtld's will only make it more of a clusterfuck. No Johnny Come Lately is going to even TRY and take what I own after this. I am going to hang my hat on this action.

So Buscape.com.br aka saveme.com.br filed a WIPO today because they think that is cheaper. They think they are entiltled. Well guess what? Bad move SPORT! The value of this domain just went up. That is why dotcom is KING! So this guy with no ethics decided to try this little trick. Because of that, I will make him a poster boy so others know what is coming and how it is coming. I will be as transparent as I can be. Just like Goofoff.com and what became of a similar sitution. These morons just don't seem to learn. So they need to be educated. That only happens when the thing explodes in their face. That is unfortunate. My job is to protect every other domain I own from similar jerks. So each time I have no choice but to make them regret their actions.

There is no company on earth that should be allowed to intimidate any domain owner at any level. So Márcio Mello Chaves I am going to make you famous. You and the idiots you represent might have this all come back on you. That's before I even mess with MY domain SaveMe.com which I am sure I can use in a very effective way to illustrate what a FOOL you and your clients are. To make sure your own customers know what you folks are and how you behave. Preadators! I never initiated contact with you but if you mess and poke this lion, be prepared to explain things to everyone you know and everyone you will ever know. As they said in the 'Social Network', the Internet is in INK.

So this will never go away and will only be a search away. Bloggers will blog about your behavior and that of your client. Then customers might not think they want to do business with such a predator. Assuming you have any customers. When it spins out of control, look in the mirror. You are fucking with MY LIVELY-HOOD and that is a place that not only I will defend, but will legally SLAY anyone that gets in the way. I will do everything legally and openly, but tastefully is not a promise. I am going to stick it up your asses in the most unpleasant and disgusting way I know how in front of the world. I will always be factual. But I don't always have good taste or play by any other rules other than by what is legal. If you folks get embarrassed, so be it. If you have to explain to your family and neighbors, so be it. WIPO is public and so is everything to come.

Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!

More to come. I have a mission. :-) In the way these folks think, just go ahead and register any country code or 3rd class domain and then go after the dotcom because of some sense of entitlement to things they don't own just because it will make their business stronger or better or more competitive. So if I buy a house in Kansas with a 500 Park Avenue address, I am certainly entitled to throw out the guy in New York City if I do well according to their bent logic.

Márcio Mello Chaves of Brazil Acting in BAD FAITH!
The POSTER BOY for Reverse Domain Hijacking

What can you do? Spread the word. Save me and Save you. It's the gospel to anyone that makes a living online. How fitting to have the SaveMe.com domain name used in this landmark case. Some may say....Miraculous!!

Rick Schwartz

UPDATE: Here is the actual Complaint: You all should read this because his allegations and extreme over reaches would have a bearing on many of you.

Você simpatiza com gente que tenta dar um 'jeitinho' para tomar coisas que não lhes pertence?
Este é o caso de 2 irmãos no Brasil que estão por trás de um site relativamente novo, o SaveMe.com.br. Veja, eu possuo o domínio genérico SaveMe.com aqui nos EUA desde 1996, quando o domínio (aquilo que vem depois do www...) estava livre e eu o registrei. 16 anos mais tarde, esta empresa no Brasil parece ter optado por um caminho sujo, após registrar o domínio SaveMe.com.br, em 2010.
Agora eles querem o MEU domínio, e não querem pagar por isso!!! Eles simplesmente querem que a justiça lhes 'entregue' o domínio. Sem mesmo ter uma marca registrada do nome 'Save Me' no Brasil, quanto mais aqui nos EUA, eles decidiram entrar com uma ação contra mim e meu domínio de 16 anos. Note que, antes de entrarem com uma ação, eles fizeram ofertas pelo domínio, mas eu as rejeitei, simplesmente porque não estavam no patamar adequado, com a agravante de que não informaram corretamente quem eram (ou seja, mentiram). Eu nunca soube que eles representavam esta empresa até que esta semana recebi uma intimação. Acredito que você possa ver claramente as implicações do que eles estão tentando fazer, pois eles não têm quaisquer direitos sobre aquilo que não lhes pertence.

--------------------------------------

--------------------------------------

Do you like people that try and take things that don't belong to them?

Such is the case with 2 brothers in Brazil that seem to run a fairly new site SaveMe.com.br
See, I own the generic domain name here in the USA SaveMe.com since 1996 when I hand registered it. 15 years later this company in Brazil seems to have hit pay dirt after registering SaveMe.com.br. in 2010.

Now they want MY domain name and they don't want to pay fair market value. They want the courts to just give it to them. Without even a trademark in Brazil let alone the USA, they have decided to file a suit against me and my domain of 16 years. See I refused their offers because they simply were not in the ballpark plus he misrepresented who he was. I never knew he represented this company until this week when I got the papers. I think you can clearly see the implications and that they have no rights to what does not belong to them.

If you ever use this company, you might want to tell them not to try and take things that don't belong to them.

3/19/2012 UPDATE:

Let's see if he responds or ABANDONS this suit. We will know in 5 days.

'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:

(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.

Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.

(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).

Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'

I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'

Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. And so on this single point alone he will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied!

3/24/2012 UPDATE

4/25/2012 UPDATE: Yesterday we filed and published our official legal response to this suit. You can read the contents at: http://www.erealestate.com/saveme.htm

Morning Folks!!

It's been a while but some things have me come out of retirement. When it comes to REVERSE DOMAIN NAME HIJACKING, I want the WORLD to know about bad actors.

Twitter may be able to ban me and make me remove 3 or more of my posts but they can't do JACK SHIT about this blog, my domain nor HallofShame.com that has a new inductee today and either can he.

I called him an ASSHOLE on Twitter. Big deal!! In my opinion, he is an asshole! Seems you can threaten to burn down a city on Twitter but if you call an ASSHOLE an ASSHOLE the name-calling police come for you!

I am holding up the release of this post until my 12 hour suspension is over so that the link to this blog posts on Twitter.

Sahil Gupta aka @sahilAsAService on Twitter will have NO POWER when it comes to HallofShame.com. Just ask any of the HOTSHOT lawyers that are all listed. We keep it factual but it's hard not to sprinkle some emotion when you talk about a Reverse Domain Name Hijacker.

Sahil Gupta goes on a 25 post RANT on Twitter after losing an obvious decision. A first for any LOSER and CONVICTED REVERSE DOMAIN NAME HIJACKER that anyone remembers. Whining like a spoiled baby. Does he think a tantrum will help his brand and customers?

Branding a .io domain certainly was not the wisest decision to begin with. But for the $15,000 he saved being CHEAP Sahil Gupta just bought a HORNETS NEST and still does not have the domain. The domain that could have allowed him to grow his company. Now he is FUCKED! He poisoned the well. To buy that name now, the price is somewhere between $100k and NO FUCKING WAY!!

"1/n I'm Sahil Gupta and I run Spase, http://spase.io, and I can handle abuse but this is just a level of bullshit that can't go uncorrected."

"2/n What pushed me over the edge is this. Mrs Jello LLC, you've fucked with the wrong guy."

Sounds like a nice guy huh? It gets worse! But that is not a threat?? Why is that not removed?

What makes this particularly outrageous is the domain Spase.com that was trying to be hijacked by Sahil Gupta was owned by the widow of the late Igal Lichtman. (Mrs Jello) and a friend to many Domain Investors including myself!

According to the filing The Complainant’s business was incorporated as Spase, Inc. in February 2019. But the domain Sahil Gupta attempted to HIJACK was registered in 2005. OUTRAGEOUS! What an idiot! What a fool! What a moron. Is this what kind of people YALE produces?? Is Yale proud of Sahil Gupta?

So when I was informed of this I was outraged and when I saw the nasty responses and the names he was calling domainers, we had no choice other than to fight back and fight back HARD!

You can read his entire 25 comment rant HERE

But here are some of his comments to Domainers:

So since there is no legal penalty for Reverse Domain Name Hijacking in the form of jail time or substantial imposed fine, we have to circulate the FACTS and have Sahil Gupta deal with the fallout of HIS ACTIONS!! FOREVER!

If Sahil Gupta actually went to Yale and graduated......then you might come to certain conclusions and it certainly is not a good reflection on them and their idea of Capitalism.

Let's be clear, Sahil Gupta is an arrogant MORON and he is NFG! That's MY PERSONAL OPINION and it's also my PROFESSIONAL OPINION and I think it is shared with 99.9% of all professional domain investors and even others. We don't like THIEVES!!! This was an attempted theft by an abuse of the process and by any reasonable standard.

Sahil Gupta has to deal with this FOREVER! He can't run to Twitter and have this post pulled down. It's here FOREVER as well. That's the PRIME reason to own your own domain name. Do you want the Masters of the Universe to censor you?? To decide what is permitted? To protect the BAD GUY?

He NOW has a home on HallofShame.com just click the link to see it!

If anything is not 100% factual, I invite Sahil Gupta to point it out ASAP right here in the comment section. If not, I will assume it is FACTUAL!

But before my 12 hour Twitter ban started I asked for unanimous consent in making this CHUMP named Sahil Gupta aka @sahilAsAService become the NEW POSTER BOY for REVERSE DOMAIN NAME HIJACKING. He would replace Márcio Mello Chaves and the SaveMe.com decision who has been the poster boy since 2012. Congrats Sahil. It's a worldwide distinction.

So I posted on Twitter: "By acclamation can we make Sahil Gupta aka @sahilAsAService the 2020 POSTER BOY for REVERSE DOMAIN NAME HIJACKING? Please respond by Posting your "Hear Hear" HERE! A special Poster will be made in his DISHONOR!"

And a sea of "Hear Hear" was posted. Domainers had harsh words for Sahil Gupta and it won't be stopping anytime soon. Please post your thoughts and feelings about this below and being called "Trolls".

So in the hours ahead the new poster will be unveiled and your job is to CIRCULATE, CIRCULATE, CIRCULATE!

I thnk the right thing to do is to APOLOGIZE to Igal's widow and reimburse her for her legal fees. I'm sure he won't because HE seems to be without any character or class. But what should any of us expect from a CONVICTED REVERSE DOMAIN NAME HIJACKER.

Sahil Gupta of Spase.io was convicted by an esteemed 3 member International panel of a worldwide organization. The World Intellectual Property Organization out of Geneva, Switzerland. The only thing standing in the way of this PRICK stealing a domain he had NO LEGAL OR MORAL RIGHTS TO were these 3 fair-minded panelists!

He was too CHEAP to pay the lousy $15,000 for the domain. It was a CHEAP price! He was just too ignorant to realize it. But now he get THIS BLOG POST for FREE! He is a HEADLINER on HallofShame.com for FREE. And in the days ahead Google will circulate his deeds throughout the world and it will follow him FOREVER for FREE!!

Here is what THEY said in THIR decision:

"In the Panel’s view, the record in this case evinces that the Complaint was brought in bad faith within the meaning of the applicable provisions of the Policy and Rules. As previously noted, the Respondent registered the disputed domain name <spase.com> in February 2005, and had used the disputed domain name to generate PPC revenues for some (14) years prior the Complainant’s adoption of the SPASE name. The Complainant, after unsuccessfully attempting purchase the disputed domain name from the Respondent, then filed a groundless Complaint. See, e.g., GIGS United S.L. v. SIE MANTIC, WIPO Case No. D2014-1689; Personal Communication Systems, Inc. v. CDN Properties Incorporated, WIPO Case No. D2014-0664.

8. Decision

For the foregoing reasons, the Complaint is denied. The Panel further finds that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

William R. Towns
Presiding Panelist

Knud Wallberg
Panelist

The Hon Neil Brown Q.C.
Panelist
Date: September 15, 2020

Sahil Gupta has to live with the consequences of HIS ACTIONS and HIS ACTIONS ONLY!! When you do a search for Sahil Gupta in a few weeks, this hijacking will be the first thing everyone sees. CIRCULATE! CIRCULATE! CIRCULATE!!

Frands Jepsen tried to steal Queen.com from me. Punch that name into Google and see what you get FIRST! Same with Márcio Mello Chaves who tried to steal SaveMe.com. There are others. Some of the lawyers that represented the hijackers and therefore IMHO aided and abetted cuz they knew better!!! For example Marie Lykke Kristiansen. She was the attorney for the attempted Queen.com hijacking.

Domainers consider Sahil Gupta a THIEF! Just cuz he did not get away with it has no bearing at how the domain industry looks at him and everyone else that ever tried this CRAP! He is considered a low-life THIEF!

I hope Attorney Stevan Lieberman is aggressive and goes for the $100k penalty for his client. If Sahil Gupta wants to learn the hard way, oblige him!!

If you would like to read the backstory, you can read it at here at DomainInvesting.com or read the decision itself HERE Another story about his Twitter rant can be found at DomainNameWire.com

*The REVERSE DOMAIN NAME HIJACKING POSTER BOY banner should be ready later today and I will update this blog post with it. Feel free to copy and CIRCULATE FAR and WIDE!!

UPDATE!!

Rick Schwartz

Morning Folks!!

Reverse Domain Name Hijacking (RDNH) may not have LEGAL consequences but it does have other consequences!

5 Memorial Days ago back in 2013 something pretty memorable happened. Let's revisit the Procter & Gamble Memorial Day Massacre in which the entire upper echelon of P&G were FIRED!

The CEO, Mr.McDonald, steps down "effective immediately" at the beginning of Memorial Day weekend on May 23rd.  "Robert McDonald's four-year struggle to adapt Procter & Gamble Co. to a new world of more frugal consumers and tougher global competition has come to an abrupt end."

My thoughts at the time:

http://www.ricksblog.com/2013/06/proctr-gambles-biggest-management-shakeup-in-100-years/#.WwqDwS-ZN0t

My open letter to P&G about being found GUILTY of RDNH. And I ALWAYS spell it out for SEARCH! REVERSE DOMAIN NAME HIJACKER! P&G found GUILTY by an esteemed worldwide panel of the World Intellectual Property Organization. P&G GOT SPANKED BIG TIME! NOT BY ME, BUT BY THE PANEL. OUR JOB IS TO CIRCULATE THE EVIDENCE! Our job is to remind folks.

http://www.ricksblog.com/2013/03/procter-and-gamble-found-guilty-of-reverse-domain-hijacking-an-open-letter-to-ceo-mcdonald/#.WwvVZy-ZN0s

So Why were they all fired? We may never know. Then again it is my belief that the Swash.com Reverse Domain Name Hijacking was the very last straw. For a measly $30,000 P&G and their management team were able to flush a 100 year old brand right down the toilet. As I said then, "It's a stain even Clorox can't get out." They deserved to be fired!

Since there are no penalties, it is up to us to remind the world of these attempted thefts and let them be the final judge. P&G stock back then was trading at $77/share. Now, after the greatest run up in stock exchange in history from 15,000 to 25,000, they are trading at $5/share less. Ooops!

See this decision is indicative of other bad decisions they make and how it has hurt their brand and their business. The company was founded by William Procter and James Gamble in 1837. Probably not the way they would have handled things. Management let them down and it is unforgivable. I am sure most people could understand a $186 BILLION company trying to screw someone for $30k. Right?

And props to their legal team for such a job well done. Not one of you FOOLS warned them the peril they were putting themselves in? I bet your billing was more than $30k Keating Muething & Klekamp PLL, United States of America. They got to pay people to be STUPID!?

John Berryhill a famed attorney in the doman space mopped the floor with these fools! And they deserved it. I have read many decisions on Reverse Domain Name Hijacking. FEW if ANY are quite like this judgement. P&G and their IDIOT LAWYERS got spanked! They hired a law firm to STEAL for them and the Law Firm Keating Muething & Klekamp PLL, United States of America either lacked integrity or don't have any business in this arena. Maybe BOTH!

So Happy Memorial Day to all of you. This stain follows Procter and Gamble and Keating Muething & Klekamp PLL, http://www.kmklaw.com FOREVER!

Guess who owns the name Swash.com today? It's even in Wikipedia!
https://en.wikipedia.org/wiki/Swash_(brand)

This Privacy Statement describes how Go Unlimited LLC, a joint venture between Whirlpool Corporation (“Whirlpool”) and The Procter & Gamble Company (“P&G”) (Whirlpool and P&G, collectively, the “Affiliates”) will collect, use and disclose your Personal Information (as defined below) and applies to customers in the United States. Swash is a brand of Go Unlimited LLC and, in this Privacy Statement, “Go Unlimited, LLC” and “Swash” will be used interchangeably.

And instead of paying $30k, they have paid an invisible price that could be many many millions regardless of the price actually paid for the name just a few days after the decision.

Based on reporting by Marchex in which they sold 50 domain names with an average price of around $27,000 during Q1 of 2013, I would imagine that the selling price might have been only $50k-$100k. Marchex left at least $400,000 on the table. But $30,000 was way too cheap to begin with and P&G and their idiot hijacking lawyers were to busy being bullies to know or understand that!

https://www.thedomains.com/2013/04/29/marchexs-archeo-sells-1-4m-in-domains-in-4th-q-2012/

And when you do a Google search for these Reverse Domain Name Hijackers like Frands Jepsen, who tried to Hijack my very own Queen.com, look at the Google results you get! The Internet is written in INK fellas!

Frands Jepsen Convicted Domain Name Hijacker of Queen.com 

Márcio Mello Chaves Convicted Domain Name Hijacker of SaveMe.com

Bob McDonald CEO Procter & Gamble Convicted Domain Name Hijacker of Swash.com

http://www.HallofShame.com

We all have a JOB and a DUTY to continuously circulate these stories, not forget about them and remind these people and companies along with their lawyers and their customers about their wrongdoings. To my knowledge, no CONVICTED REVERSE DOMAIN NAME HIJACKER has ever made a public apology! And for those that continuously put down efforts to do this because there are no laws and likely never will be, YOU may as well be part of the problem! SAVE IT!

Have a GREAT Day Fellas!!

Rick Schwartz