bmugford

This reminds me a lot of the PrintLinks.com thread on here.

Brad

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L2

"an employee of the Defendant directly contacted Plaintiff and offered the domain to Plaintiff directly in an email several times."

They even offered you your domain back but you took that as an insult. How much did they ask, or were they going to give it to you for reg fee (or free)?

L2

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bmugford

I agree even if you did have a case, the time delay in between the domain expiration and lawsuit is a problem. Also the claim of $10M damages you are looking for just makes the claim look irrational and loses all credibility.

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CurtisNeeley

I have severe brain damage and did not remember eartheye until they contacted me!
Thanks for bearing through the paperwork. I am still unable to use or understand the software {CIRS} I once wrote. I was at one time pretty sharp. Most typed from a hospital bed or a wheelchair. Oops - I mean all of it! - and with one arm!

abhishesh

plenty of motions that will need a proper attorney to respond.resources.It touches the feelings of the person

CurtisNeeley

I slept on my rights? I did not after I remembered the domains. They sold one after knowing that I wanted it back. Damages were not actual, but are punitive, statutory, and as an example.

L2

I understand.

You have your work cut out for you.

It's possible a good fight may help you remember some shit and stoke the coals to get your memory and brain functions working again - kinda' like exercising ya' know?

Good luck in your endeavors. Glad to see you back at it.

L2

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CurtisNeeley

They wanted me to bid at least 2600.

cartoonz

Sorry, this whole concept is absurd.

Terrible what happened to you but not at all anything to do with NameMedia.

You did not "sleep your rights away" but you are completely supposing illusory rights and damages.

Complete waste of time. Sorry. <exactly what the court will tell you, that's my answer (not an option in the "poll")

-REECE-

If it was genuinely about the domains, you should be suing to get the domains back -- not some amount far higher than I'm sure you ever lost resultant of your mishap. I'm sorry that happened to you but it really isn't NameMedia's fault -- it's yours for not having renewed your domains for more years in advance and/or having someone take care of renewals while you were not well. Like other posters have said, I do not see you winning this case.

Why not contact NameMedia, explain once again your situation, and see if they'll sell them back for a reasonable price? That would be your best chance of getting them back if you haven't already blown that by making this public and filing a lawsuit...

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CurtisNeeley

Well its my time and I do not feel as if I am wasting it. The rights were trademark. The damages are my emotional distress at at having a consistent legacy with the domain name as I hope you can see now. It is hard to describe how distressing it is to remember a domain as yours when receiving a solicitation about it in the hospital and after two months paralyzed in bed. I hope the jury is not filled with domain name marketers. If the lawsuit is patently frivolous, the judge will deny my proceeding as a pauper? I can barely afford living expenses and will just try to do this alone and by myself.

Sorry but your frivolous vote will be OK. I did not even know illusory was a word.

---------- Post added at 07:51 PM ---------- Previous post was at 07:44 PM ----------

I contacted them and did not think 2600 was reasonable.
It is not about the domains. Earth Eye LLC. paid too much for it and I will ask how much in discovery. It is about the principle.[COLOR="Silver"]

cartoonz

Well, now you do.
and it aptly describes your endeavor.

As for your comment :

Again, you are making daft assumptions, this time on just what and who the people here are.

As for your "case"...
The basic fact is that you failed to renew the domain(s), for whatever reason. I understand that you were in an accident. That does not give you any recourse against NameMedia. For whatever reason, you failed to continue the registration of the domain(s). Now. 5 years later... you are filing a completely frivolous lawsuit and trying to garner sympathy and support wherever you can against the "big bad company with lots of cash" that legally registered those same domains after you abandoned them. Yes, you abandoned them.

...and I'm sure the Court is going to be extremely impressed with your ongoing rant against the Professor of Photography at the University too... especially all your GIANT BOLDED LINKS TO HIS "P*NIS.

Look, don't get me wrong... I appreciate the fact that you are seriously messed up from your car accident... but that does not give you any standing to sue NameMedia.

Someone earlier likened this to Real Estate. Well, that's exactly what it is like. Try to digest the following scenario:

You and your second wife buy a home. You live there for several years. You add a barn and a shed to the property. You also pay a mortgage.

One day, you get into an accident. A horrible accident. You almost die but even when removed from life support, you fight and eventually come out of your coma.

Only to find....

Your wife stopped paying the mortgage and moved out of the house. The bank legally foreclosed many years ago and resold the property.

Now, despite the horrific ordeal that you have endured... you decide that you are going to try to sue the new owners? Even though they may well be enjoying the upgrades you did on the property, you legally abandoned it back to the bank.

Read that as many times as it takes to understand the analogy... hopefully, you won't prove yourself incompetent (your own declaration, not mine... but I am beginning to agree with you) and will actually understand the real issue.

Seriously, I think you have a much better chance at suing the makers of the Geo Metro you were driving that did not protect you in the crash than collecting anything from Name Media.

athletec64

OK, so I read your lawsuit PDF, and I think your chances are slim enough (I mean, asking for 10 million dollars is ridiculous IMO, and you did let it expire, albeit under unusual circumstances), but I think you have pretty much a 0 chance unless you hire a lawyer to write more professionally and fight for you in court.

r3born

Ridiculous.

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labrocca

Earth Eye LLC ?? That's your first mention of a business entity. Was it actually an LLC and registered?

I think you have some grounds for a suit but you're going at it so poorly it's bound to fail.

And this is not like property. A domain is a virtual item. More like if you write a book and go into a coma and someone finds the book and publishes it under their name. Then when you get well they say you can buy the book back for $2600. This isn't property. Propertly has built in rights like title deeds that clarify ownership. Domains are very different.

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bmugford

That is not his company from my understanding. It is the name of the company that bought EarthEye.com

Brad

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tipsfromthetop

I am sad for the ordeal you have endured my friend but knowing law like i do in this industry you do not have any chance sorry. Sure pursue it if you feel you have to but not asking for your domains in the first instant in the PDF and going straight for the jugular with the 10 million claim really is not the sensible way to go.

Seriously to win this you will need Jonnie Cochran as a lawyer but i dont think his saying "If it doesn't fit, you must acquit" will work in your case.

I truely wish you well though and hope you can move on from this and continue with your work some nice photography there.

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labrocca

He might have been better off suing for $10k and hoping that NameMedia wouldn't bother defending it.

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nicedomains

Ya this didn't won't help your case.. Why wouldn't you want the domains back?

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exponent

I think suing for $10,000,000+ is a quick way to get a lawsuit thrown out. If I were you, I would have tried to calculate exact damages and presented a industry-standard valuation that would make it hard for NameMedia to dispute.

Best of luck, I'm glad you made it out of a coma! Most people don't.

.

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cartoonz

This is a hell of a lot more like the property analogy than the "found manuscript" analogy... please.

labrocca

Based on what? Your opinion? Domains are not property. That's just the truth. Find me a single court that has ruled domains are property. At best they are intellectual property but in truth they are a contractual rights. Domains are owned by the registry and leased via contract to the registrant. The rights of a domain owner are a lot less than someone that owns property and it's why the major domainers are dying to change that.

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CurtisNeeley

The previous linked file is to much data to post here so I will let you go look or not look.
This thread will keep going for a while.
I appreciate the comments. Even the negative ones. I probably enjoy them more anyway.

To me this is NOT about just the two domains.
This is about the principle of a HUGE domain company that disobeys the law toward a poor person while knowing the poor person is brain injured and is very upset.
The ten million dollars is only enough to ensure that a company that makes three times that each year is PUNISHED severely for their actions and makes a definite change in how they operate.

Since this is about the PRINCIPLE, there are things I am doing that will accompany my legal activities.

I am starting an anti-NameMedia operation that tries to make sure any search involving their name comes across me and my dealings with them. They can't return eartheye.com. I talked to Earth Eye LLC. in Orlando Florida about the domain. I have emails and letters from their attorneys. I am going to concurrently use the eartheye name in my promotions. They fled a trademark and I will not protest with an intention to continuing to use the name although I spoke to USPTO and they advised me that now is the period for public protest.

With no legal action involving Earth Eye LLC., I can use the term enough editorially for my art that they will be ill-served to use the domain for their mapping company. Earth Eye LLC. will eventually need another domain that does not have a dozen year association with me and the presentation of the nude human form. The past can't be edited outside Iran. It is already a fact, Any search for eartheye will lead you to me and my legacy with the human figure. Go look.

While you are at it; Look for "NameMedia cybersquatting lawsuit", eartheye, or Erik Zilinek on ANY search engine. I will save you time on my two favorite.
Yahoo: "NameMedia cybersquatting lawsuit", eartheye, Erik Zilinek
Google: "NameMedia cybersquatting lawsuit", eartheye, or Erik Zilinek

Search engine optimization or manipulation are a gift of mine or a curse.
They broke the law! No question in my mind.
Is their a statute a limitations for the laws they broke?
What about all the men abused by catholic priests twenty years ago?
Any existing limitation regarding a time limit will be tolled by my expert witness testimony!

bmugford

No offense, but comparing this lawsuit to kids who were molesting by priests is pretty ridiculous and insulting.

Brad

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cartoonz

Curtis, you are only proving your own incompetence with every word you type.

Your claims are completely without merit and every action you take only supports that view further.