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Date Posted: 07:07:44 03/24/09 Tue
Author: Ted Stevens
Subject: Re: Who Is Taking The Trib's Offer?
In reply to: No So Fast 's message, "Re: Who Is Taking The Trib's Offer?" on 16:05:47 03/23/09 Mon

How about this classic web exchange:
Tom,
I would appreciate you not stealing my name. I suggest you drop the photosuperstar.
My name is pending trademark and it looks like you are just sitting on it.
Best,
Dean M. Beattie
photosuperstar

Tommy Suriwong to photosuperstar
More options May 25 (1 day ago)

Hi Dean,
I don't believe I've stolen anything. I purchased the domain name legally (just like you could have) from a domain registrar. Which means I have full rights to the domain name unless you can provide documentation of your trademark which predates my domain name purchase. I did a search at the US patent and trademark office for anything having to do with "photo" and did not find any entries either pending or approved that equated to "photosuperstar". Their site says it takes about 45 days for a paper application to show up on their website as pending which would suggest that you filed for the trademark less than 45 days ago.
But I'll be fair...there could be some glitch in the trademark's office system. If you can provide documentation that you filed for the trademark before the date I registered the domain name then I would be willing to transfer the domain name to your for the price I registered it for. If you're unable to provide documentation and you'd like to purchase the name, we can work something out.
Tommy

photosuperstar to me
More options May 25 (1 day ago)

Hi Tom,
It is not so much the domain name as it is the "photosuperstar" name. I have been using that for years, and to open a site with that name is just wrong. I don't know if you have seen the name before or not, but, I would appreciate you not opening a site under that name. Legally it may not be mine yet, but it is how I am known.
I will be in touch as soon as the papers go thru.
-Dean

Tommy Suriwong to photosuperstar
More options May 25 (1 day ago)

I have not heard of the name "photosuperstar" before. I ate dinner at a restaurant called Burma Superstar in San Francisco and found the name catchy. I decided to register the name photosuperstar.com since it has the same phonetic quality that I liked with the Burma Superstar name. I was going to use the site as a hobby site for a few of my
photos.
If you can provide published a few magazine or newspaper articles which refer to you as "photosuperstar" then the name will be transferred to you for the price I paid to register it. I'm also willing to accept the US patent office's application number that I can verify online.
Otherwise we can negotiate a price for the name. If you don't want to purchase the name, then I will use it and setup my site in the coming months when my schedule allows for yet another site bootstrapping (which is what I intended to do all along).
I understand this is your livelihood and am willing to be fair about it but I don't intend to give up my domain name unless I have some documented proof that the name really is how you're known or you do have legal claim to it.
Thanks,
Tommy

photosuperstar to me
More options May 25 (1 day ago)

Tom, this is the name of my site. That is all you need to know. The site has been active since December 2003. When I am published I do not use the my nickname, I use my real name.
The "photosuperstar" name is how I am known on the internet in the blogging community.
Look man, I don't want this to get ridiculous but, I have claim to that name, it has been in use for some time now.
Do the right thing and drop the photosuperstar, it's not you, it's me.
-Dean

Tommy Suriwong to photosuperstar
More options May 25 (23 hours ago)

Basically, you either have a legal claim or you don't. I've made very reasonable requests and all you come back is "it's mine, it's mine (but I don't have any proof that it is." It's like saying, "well, you can't name your child Dean because it's been it's how I'm known on the Internet." I've been in domain name disputes before, even with my own
employer and it's always comes down to proof of ownership.
So far this is what we have:
1. You laid a legal claim to the name "photosuperstar" stating that you have a trademark pending. I've done a search on the US patent and trademark office's site and there is no such trademark pending with the US patent and trademark office. You have yet to provide any evidence or an application number that I can use to verify the
trademark status.
2. You laid claim that this is how "you are known". You have failed to provide a single published magazine or newspaper article that supports this claim. It is in fact, not a business name or entity that is used for your livelihood, it's just a nickname you say.
So it's come down to "it's my nickname." It's unfortunate that you did not register your nickname when you had the chance (you claim your site has been active since 12/2003...I registered the domain name in 2004, why didn't you just register it when you created your site?).
From what I can tell, your site has been active since August 2004 (that's the earliest archive you have on there) at which point you probably still could have registered the domain name...again you chose not to.
As for doing the right thing, I am. I purchased the domain name legally with an ICANN accredited registrar which means I have theright to use it until the name expires unless the legal trademarkowner can provide the registrar with documented proof of their claim to ownership of the domain name. At which point the Uniform Domain Name Dispute process begins and no one gets to use the name until it's
over.
Bottom line: provide some legal evidence and the domain name is yours. Otherwise, I purchased it and I will use it for my own site as I originally intended.

photosuperstar to me
More options May 25 (18 hours ago)

Here's the deal Tom, I don't have a trademark pending, yet, at least, I do apologize for the the mislead, but, your site with the "photosuperstar" is composed the same way as mine, no space between the "photo and superstar" to me, it is a little more than coincidence, you may have done it innocently, and I do believe you have.
The work that is on my site under the photosuperstar name still counts as published work and if you look at the lower left hand column it does say "typepad member since December 2003"
There is work on this site that has been published under my real name, which is also on this site, which ties me to it, and the billing and everything else, I am tied to this name.
So I can either reimburse you for the domain, (which is not what I am after, it's the "photosuperstar" tag that is attatched to it.)
I hope you can understand my concern here.
Let me know what you think, and I once again apologize for the mislead.
Best,
-Dean


Tommy Suriwong to photosuperstar
More options May 25 (12 hours ago)

So after you try to bully me into giving up something that isrightfully mine with lies, you expect me to be nice about it. I'm sure people who frequent your site or your customers would not want to know how dishonest you are.
The content on your site is not tied to the name "photosuperstar.com" at all. Your site is called "photosuperstar.[editedout].com" not "photosuperstar.com" therefore your content is not related to my domain name.
I tried to be reasonable about this, but you persisted in trying to deceive me. Since you have not provided reasonable legal claim and have admitted to having no legal right to the domain name, I will not transfer it to you for the registration fee. My asking price for the domain name without a legal claim is $2000. If you'd like to arrange
payment please contact me. Otherwise, your future emails will be ignored."

http://www.dodoskido.com/archives/001707-domain-name-dispute-part-ii.html

>So if Cap I. Tan is correct on Beattie's departure
>date, some of you actually noticed an improvement in
>the Trib's color reproduction before he said farewell.
>
>That's interesting.
>
>As for looking through past posts, I really didn't
>find anything damning from the guy.
>
>Maybe you'd be kind enough to share that link.

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