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Old 09-25-2020, 02:20 PM   #1
rcentros
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PocketBook sues for PocketBook.com domain name

Pocketbook e-reader company sues over Pocketbook.com

https://domainnamewire.com/2020/09/2...ocketbook-com/

Apparently they lost last year in an attempt to use a process called UDRP (Uniform Domain-Name Dispute-Resolution Policy) to force the current owner of pocketbook.com to give it to them.

https://domainnamewire.com/2019/10/0...saved-in-udrp/

(UDRP looks like another "word" for theft to me.)

pocketbook.com was first registered in 1997, ten years before PocketBook International existed. The current owners obtained the domain name in 2010, however.

https://www.baidu.eu/domains/pocketbook.com

Apparently Site-Tools offered to sell the domain, but PocketBook balked at the price.

From PocketBook's lawsuit...

Quote:
Defendants are well aware that they infringe Pocketbook’s intellectual property rights and are causing significant harm to Pocketbook. Defendants, however, have not resolved or addressed these issues, despite having knowledge, opportunity and means to do so. For example, Pocketbook has offered to purchase the Domain Name from the Defendants, but Defendants refused to come to an agreement by callously offering to sell the Domain Name for “six figures” despite the Domain Name being used only for infringing and illicit purposes.
It seems to me that a counter-offer would have made more sense than suing (maybe it's a negotiation tactic).

Well, at least now I know why pocketbook.com doesn't go to PocketBook the eBook seller. The fact that PocketBook wants the domain this badly hopefully means that they plan on returning to the U.S. market.

Although I'm not crazy about how they're doing it.
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Old 09-25-2020, 02:46 PM   #2
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Boo hoo for PocketBook. Hopefully the court tosses them out as frivolous.
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Old 09-25-2020, 03:19 PM   #3
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Boo hoo for PocketBook. Hopefully the court tosses them out as frivolous.
I really don't see how they can win this. But I've been "amazed" by odd court decisions in the past.
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Old 09-25-2020, 07:57 PM   #4
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Wow! "you had it first, I want it, it should be mine, give it to me" - that argument sounds a little preciousssss to me.
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Old 09-25-2020, 09:26 PM   #5
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Wow! "you had it first, I want it, it should be mine, give it to me" - that argument sounds a little preciousssss to me.
It's what the Coca-Cola company did with coke.org which belonged to a trade organization devoted to the coal derivative coke.
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Old 09-25-2020, 09:29 PM   #6
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It's what the Coca-Cola company did with coke.org which belonged to a trade organization devoted to the coal derivative coke.
I didn't know, but that doesn't surprise me. My view of the practice remains the same, regardless of who's doing it
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Old 09-25-2020, 09:33 PM   #7
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Pathetic. I considered a PocketBook when I was buying my last e-reader. A little glad I didn't get one now
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Old 09-26-2020, 01:13 PM   #8
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Apple had to compensate / buy off Fujitsu and Cisco, owners of iPad and iPhone products. The iPhone was Cisco's VOIP deskphone.
They also get sued and lost TWICE by Apple Corp. a company setup by the Beatles that the three Apple founders deliberately copied.
Also got sued by Swiss Rail for coping their clock.
But won some cases against Samsung because the USPTO has been broken since the Victorian Era (Edison Motion Picture patents eventually had to cancelled by the US Government).

The Domain name system and ICANN is crazy anyway though. YOU create the name yet have to rent it? Then a bigger company can take it off you, or take it if you miss renewal.
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Old 09-27-2020, 11:26 PM   #9
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Wow! "you had it first, I want it, it should be mine, give it to me" - that argument sounds a little preciousssss to me.
It's the sort of argument my niece makes when my nephew won't let her on his buggy.

My niece is four.
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Old 09-28-2020, 12:17 AM   #10
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The Domain name system and ICANN is crazy anyway though.
Domain names are finite resource and should be distributed basing on merit. A large company can produce more social benefits from a domain name than a small one.
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Old 09-28-2020, 12:52 AM   #11
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Domain names are finite resource and should be distributed basing on merit. A large company can produce more social benefits from a domain name than a small one.
That's like saying a corporation should have the right to take your house because they can make more money with the property than you can.

I don't buy it.

If the small company buys a domain first, they have the right to it. If the corporation can negotiate a fair price for it, and the original company accepts the offer, then fine. But if the original company doesn't want to sell that should be their prerogative.

I don't believe money should rule the world or that the big should trample over the small.
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Old 09-28-2020, 01:11 AM   #12
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https://en.wikipedia.org/wiki/Microsoft_v._MikeRoweSoft
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Old 09-28-2020, 06:43 AM   #13
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Originally Posted by rcentros View Post
That's like saying a corporation should have the right to take your house because they can make more money with the property than you can.

I don't buy it.

If the small company buys a domain first, they have the right to it. If the corporation can negotiate a fair price for it, and the original company accepts the offer, then fine. But if the original company doesn't want to sell that should be their prerogative.

I don't believe money should rule the world or that the big should trample over the small.
This.
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Old 09-28-2020, 08:54 AM   #14
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That's like saying a corporation should have the right to take your house because they can make more money with the property than you can.

I don't buy it.

If the small company buys a domain first, they have the right to it. If the corporation can negotiate a fair price for it, and the original company accepts the offer, then fine. But if the original company doesn't want to sell that should be their prerogative.

I don't believe money should rule the world or that the big should trample over the small.
One of the issues the ICANN has is that there are domain trolls who buy up variations of various famous names and either use it as porn sites or try to hold the name hostage. I'm all for first come first server when it comes to people getting legitimate domain names for their own use, for example some guy named McDonald getting McDonalds.com as his personal web site first. I'm not so keen on domain trolls who are just running a scam.
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Old 09-28-2020, 10:46 AM   #15
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... I'm all for first come first server when it comes to people getting legitimate domain names for their own use, for example some guy named McDonald getting McDonalds.com as his personal web site first. I'm not so keen on domain trolls who are just running a scam.
Except The Big Mac Guys will force a chip shop called McDonalds since before The Golden Arches to change their name. Bullying.
For everything else there are the EXISTING normal business and trademark rules. Absolutely NOTHING to do with the Internet should be above ordinary laws or have different rules or arbitration.
Amazon is mainly a mail order company originally, now doing Publishing, Advert listings and Computer time rental (like 19960s mainframes).
Uber is mainly a hackney company.
Google and Facebook are mainly Advertising Agencies and Publishers. Should have same rules as TV, Radio, Cinema, printed materials and roadside billboards.

ICANN is terrible but the Domain Name Trolls should be sued or prosecuted WITHOUT ICANN anyway, same way as anyone advertising or setting up a business on ANY medium, or a sign above a shop.

Last edited by Quoth; 09-28-2020 at 10:49 AM.
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