RE: GoDaddy bullying tactics

The really question is do you want to keep it and use it as you
originally intended, or sell it to some one who may try to get some
major cash out of the deal, or have no interest in it and purchased it
on a whim, but would likely have let it laps any way. (I purchased a
bunch of ASU oriented names a while back, but just let them laps when I
decided I wasn't going to do anything with them).

If it is one of the first two, decline their offer and put up a
temporary, crude grill site. If it is the last choice truly fits with
your desire, take the deal. If you put up a grill site, so you do not
appear to be a squatter, then your perfectly safe.

-----Original Message-----
From: plug-discuss-bounces@lists.plug.phoenix.az.us
[mailto:plug-discuss-bounces@lists.plug.phoenix.az.us] On Behalf Of
Josef Lowder
Sent: Friday, August 17, 2007 9:12 AM
To: Main PLUG discussion list
Subject: Re: GoDaddy bullying tactics

.
On Thu, 16 Aug 2007, Josef Lowder wrote
> On 8/16/07, keith smith wrote:
> > I have no intention of fighting them. I am going to release the
> > domain to them.
>
> Keith, I would definitely *NOT* be too quick to capitulate on this.
>
> GoDaddy does *NOT* own all rights to the use of the words "go" and
> "daddy" in every possible application of those words.
>
> On the contrary, you are at no risk to take the full 10 days (and
> probably a lot longer) to consider your options on this.
>
> You can obtain a copy of their trademark registrations and in all
> probability, the Patent office has no doubt required them to
> *disclaim* any claim on the use of the dictionary words "go" and
> "daddy" except in a very specific and limited use of those words as
> part of a very specific mark.
>
> I'll write a little more on this shortly, but wanted to send this note

> to you right away so you don't do anything foolish to hastily.


Thanks to Joshua Zeidner for providing the wikipedia link that briefly
summarized some info about the "etoy war" that established a very
significant precedent regarding domain name ownership. At the end of
that recap there is a link to a New York Times article describing how
that dispute came out. I would urge reading it:

http://www.nytimes.com/library/tech/00/01/cyber/articles/26etoy.html

Just a few quite remarkable points in that article:

* Although eToys holds a trademark for its name and the [etoy] artists
have yet to get one for theirs, trademark-law experts were skeptical
that eToys could prevail ...

* the mission of etoy ... did not overlap with eToys' efforts to sell
Barbie Dolls and Furby Babies.

* To end the dispute, the toy retailer offered to acquire the artists'
domain for more than $400,000 ... The [etoy] group declined, saying that
amount was insufficient.

While I am not a lawyer, and not trying to pretend to be one, if I were
you, I would definitely not capitulate to GoDaddy's weasely ruse,
attempted subterfuge, and subtle bullying tactics in this.

The fact is that you "own" this domain name (and it's rather ironic that
you even registered it with them three years ago). So, as long as you
pay the annual renewal fee, that domain name belongs to you and you
should have every right to use it for any purpose that does not directly
compete with or undermine GoDaddy's business.

The thing that really rankles me and should everyone else is that
arrogant, presumptuous last line in GoDaddy's email message giving you a
*deadline* to "... transfer the domain name to GoDaddy within 10
calendar days."

How dare they?

You expressed a concern that if you did not capitulate to them, they
might pull some dirty trick like shutting down your other websites that
are hosted on GoDaddy servers.

It is incomprehensible that they might try something that foolish and
open themselves up to being pounced on by every ambulance chasing lawyer
in the world scrambling for the opportunity to go after them for mega
bucks.

As you well know, domain names are now called the new real estate, and
they really are, in a sense, like real property with tangible value.
So, if you just don't want to mess with this any further, one other
option you might consider would be to offer to sell this domain to
someone else who might be more inclined to acquire it as an investment
property.


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