Many people say "Don't respond" or ask "What could happen?".. well, here is a great example of not responding to a lawsuit... default judgement. This is not a domain case, but if someone uses ACPA instead of WIPO to claim thier domain and are awarded a default judgement with monetary awards, they can go after any and all your assets...
Internet extortion for a patented process rather than a physical product? That's beyond neat. Let's patent the sales process of online goods, shall we?.
Now, if i'm reading and interpreting this correctly, then this Mel Molnick guy has found a niche where he can practically tie everyone that has a Bodog like outfit into a lawsuit that will cost the defending company more in lost revenue, brand recognition, marketing and other efforts than the eventual settlement that's being worked out.
I'm not sure if I should applaud this guy for (ab)using the system or to be plainly disgusted. Actually, on second thought, the latter is the case.
It has been done...
I do believe the patents should be recinded. But if no one challenges it, it is still there, and in the eyes of the law, they have every right to protect it...
From my understanding, jurisdiction in regards to domain name assets can be based on the location of the registrant (obvious) and/or based on the location of the registrar ... eNom is a U.S. based company.
In theory, the jurisdiction for all .COM domains could be the U.S., but from my understanding that's not how it works since it's registrars who interact with registrants not the registry.
On an aside, becoming one's own registrar is more affordable and easier than ever - definitely something any entity that relies on their domains for business, if it's a type that involves much legal exposure, should consider.
I found an article that I feel explains the situation better than the rest: http://www.point-spreads.com/industr...om-domain.html.
Its all about money and timing. And of course these ridiculous "process patents"... Good luck to Bodog.com - I have no doubt they are going to pay this ransom.
1. So this Melnick dude could get any of my domains or websites by filing a lawsuit in a US court against me even if I live in the Philippines?!.
2. He could be successful especially if my domains are registered in a US based registrar?..
Reminds me of the RIM ordeal, where the dispute almost lead to the shutting down of blackberry service in the US.
Forget principles or who's right, of course they will pay - they will lose more money if they don't...
Can anyone provide a list of offshore registrars that would not recognize the patents - some of us need to move our gambling domains off of US-based registrars. I would hate to have a broad stroke order issued with a list of names being locked up... I know it sounds improbable, but hey look at what happened to Bodog......
No no no, you guys are missing the point. The patent and the domain have nothing to do with each other. What happen, the patent holder sued Bodog in court. Bodog did not respond to teh lawsuit, the patent holder won a judgement. This is a patent case. Now, it is up to teh patent holder to collect the damages, so what he did, he took the awarded damages and went after assets that he could.
This does not affect anyone else at all. Now if the patent holder goes after other casinos, I am more than willing to bet they WILL respond. This happened because Bodog felt they did not need to respond in a US Court, that was their mistake. Bodog would have been better off challenting the process patent instead of sitting on their arses saying, "can't touch this".
So stop panicking, no one is coming after you casino domains...
Ok so he was awarded the domain based on a patent he has with the word bodog. I did a google search and of course the 1st 9 pages are all regarding the lawsuit. The 10th is on bodog music and how prosperous of a year it has had. Ok nvm that was calvin as well.
But curious so is the name bodog and the patent have a product and or service? I am a wee bit curious what the patent is on. Just the name or something else?..
Or the location of the Registry. US-based registrar or not, it doesn't matter if.
A .com is involved since the .com Registry is under US jurisdiction...
As I mentioned already in my previous reply ... the .COM registry interacts with registrars only not registrants.
Registrants interact with their respective registrar(s) ... and thus, from my understanding, it's the location of the registrar that matters in many instances in regards to jurisdiction over domain name issues.
No. please read. The patent is on the betting process online. They went after Bodog. The damages was because Bodog infringed on the patent of online betting. It has nothing to do with teh word Bodog.
I think the asset is held at the registry, but only processed by a registrar. So all .coms are based in the US...
I read you, Ron. What I really meant to say (which I should have worded right.
From the start) is the complaining party can go for the Registry if the registrar.
In any case, the party made the right decision to approach the registrar. Less.
Hassles for everyone concerned...except Ayre...
I think you are all giving Phil an aneurysm.
For those asking about outside U.S. registrars...hmm..1&1 comes to mind...
LOL, on the "newbodog" site, it says under "bodog" "online betting at bodog"..
See this article for some discussion of jurisdiction relating to ICANN and Registries. http://news.zdnet.co.uk/itmanagement...9284034,00.htm.
In particular note the last paragraph of that article explaining how neither ICANN nor the registry may have authority to act upon court orders regarding ceasing / disabling specific domain names. Ron..
He he, I knew you'd bring that up, Ron...
Lol, just trying to keep the mass hysteria to a minimum...
As far as 1&1, does any real domainer ever want to go that route?..
I visited thenewbodog site last night. Lost $11,000 practicing poker. Glad it wasn't for real, but it was a lot of fun. Nice site...
Looking for a registrar solution outside the us? Check us out at Rebel.com or go one step further and lease your very own registrar through MyRebel.com. All based in Canada...
K, I'm not gonna sweat it then, sorry for stressing you phil!..
The interesting thing is that they have given Bodog.com to Mel Molnick and by doing so they have considered a domain name something that can be given away for financial compansation. It looks as if bodog.com, the domain name, is a property that has financial value.
When there is a case and you are the domain owner and you want your domain to be considered as property, you are screwed since they will say it is no property but it is a service that you get by signing an agreement.
Godaddy considers all godaddy domains as a service they provide and they can cancel this service if they want. For instance, if they think your contact details are incorrect and you don't respond to their emails, they cancel your service and then they sell your service at auction to the highest bidder. See FamilyAlbum.com story.
On another case where you want your domain not to be considered as property you are screwed again since this time they will pretend it is a property and will give it away so another party as if it was your car...
Marcello good point!.
I think there is a mess in this industry and many unfair things happen.
Why .com must be considered US property just because the registry is there?.
The money we pay comes from everywhere....on that one they are not fussy uh?.
So now this guy who took Bodog can do the same for ANY internet gambling site.
How many days or weeks has the respondant to answer to the claim?.
Imagine people go on holiday or to hospital ......so what happens?.
It's no more newbodog either, it is bodoglife.com now..
Notice he didn't use a US registrar for BodogLife.com. Good move!..