GoDaddy bullying tactics

[Josef Lowder]

.
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.