NameMedia sued for cybersquatting my domains...

CurtisNeeley · 07-27-2009, 02:02 PM

and there are no questions of law that require proof that will prevent the plaintiff(ME) from receiving desired relief. {exceeding ten million dollars}The only things left is an illustration of damages and presenting arguments for the need for exemplary damages to prevent NameMedia from damaging others as their normal course of business.

eartheye.com & SleepSpot.com Domains first used in commerce by ME.

Eartheye.com(Oct 13, 1999) See the archive as my old studio site started to separate my fine art and other photography.

Eartheye(Nov 12,2000) Here you see it as the domain I was starting to use mostly for my version of art. (Nudes here)

CurtisNeeley(June 14, 2001) My photography websites were starting to split from my fine art completely for the first time. Here you only see my wedding photography

CurtisNeeley.com(May 28, 2002) ONLY my commercial photos.

CurtisNeeley.com(Nov 26, 2002)
My commercial photos with... A LINK TO EARTHEYE.COM via a WARNING about nudity. I was unresponsive and in a coma Nov 26,2002.

Eartheye(Aug 31, 2003) First Internet archive of NameMedia's cybersquatting eartheye. I was a post-comatose invalid.

St Vincent(Aug 31 2002) The jury will be interested in seeing me with a feeding tube still attached on my step-daughter's birthday.

================================================== ==============

Another Domain Name first used in commerce by ME...they cybersquatted on
SleepSpot(Mar 4,2000)

SleepSpot(Sept 25 2002)The jury will be interested in knowing
that I was in a coma and unresponsive on my 34th BIRTHDAY when it still looked OK!
SleepSpot(Oct 31 2003) The jury will be interested in seeing this
domain being first archived while being ransomed to an incompetent disabled.
I was once a [CIRS]software designer who was trying to sort my figure art photography from my other photography?

Eartheye Lawsuit

I am seeking in excess of ten million dollars damages!
Read the initial filing as a PDF that I ALREADY filed in the United States Court in the Western District of Arkansas
- it is ALREADY DONE SEE

24HourDomainer · 07-27-2009, 02:05 PM

Good Luck

CurtisNeeley · 07-27-2009, 02:12 PM

Thank you sir! NM

RJ · 07-27-2009, 02:14 PM

Interesting case. Keep us posted!

cwinhall · 07-27-2009, 03:55 PM

As a fellow photographer I wish you all the luck in your case!

punchie · 07-27-2009, 04:04 PM

if you already owned the domains, how did they squat them? Did you let them expire?

nicedomains · 07-27-2009, 04:14 PM

Quote:

Originally Posted by punchie

if you already owned the domains, how did they squat them? Did you let them expire?

from eartheye.com lawsuit link:

Quote:

Plaintiff was incapacitated by post-comatose amnesia and unaware
the eartheye.com registration had expired. Plaintiff had trademarked domain for over a
decade as will be shown in evidence, In an additional insult to this injury, an employee of
the Defendant directly contacted Plaintiff and offered the domain to Plaintiff directly in
an email several times. Plaintiff received the first such insult while in a hospital and as an
incompetent.

Hmm. An interesting case, I don't see the plantiff coming out victorious though.

punchie · 07-27-2009, 04:22 PM

I just don't see it. The registration lapsed, namemedia bought it and it looks like they sold it to a mapping company (not in the same realm as photography).

bmugford · 07-27-2009, 04:23 PM

I am sorry for the events that lead to this situation, but I don't honestly think the case is very strong.

It is a tragic event that happened, but this type of thing happens daily. I have seen people who have died or been incapacitated and lost all their domains. This is why it is good to have a worst case scenario plan in place. It is the same as owning property.

If you owned a piece of property, and no one knew about it, sooner or later you would lose it when you quit paying taxes on it.

I do not see any TM's for "Earth Eye" , "EarthEye" or "EarthEye.com" other than the following.

Word Mark EARTHEYE
Goods and Services IC 042. US 100 101. G & S: providing mobile mapping, remote sensing and data collection services for others. FIRST USE: 20090709. FIRST USE IN COMMERCE: 20090709
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77782357
Filing Date July 16, 2009
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) EARTH EYE, LLC LIMITED LIABILITY COMPANY FLORIDA Suite 200 3680 Avalon Park Boulevard East Orlando FLORIDA 32828
Attorney of Record Herbert L. Allen
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Just a quick Google search would show many companies using the same term for different uses.

EarthEye.com is now a developed site as well.

I am sorry for what happened, but unfortunately I don't think the case is very strong.

Brad

Quote:

Originally Posted by nicedomains

Plaintiff was incapacitated by post-comatose amnesia and unaware
the eartheye.com registration had expired. Plaintiff had trademarked domain for over a
decade as will be shown in evidence, In an additional insult to this injury, an employee of
the Defendant directly contacted Plaintiff and offered the domain to Plaintiff directly in
an email several times. Plaintiff received the first such insult while in a hospital and as an
incompetent.

HeyGeek · 07-27-2009, 05:02 PM

You gotta wonder how seriously the Attorney is actually taking this considering some of the spelling/grammar mistakes in the above referenced PDF....

"...emotional damages for loosing the ability to
have a consistent legacy with the website eartheye.com to be in excess..."

If you win this then anyone that has ever had their expired domain registered by someone with the intent to profit from it would stand to gain from a lawsuit...

And 10 million big ones seems extremely excessive, even if there was any merit to the case...

CurtisNeeley · 07-27-2009, 05:58 PM

Well, I dun spelt a litel bit rong. I dont got enuf monee no how to lern or higher an torney.. Leest nou I um moar competant?

How much is my extreme sorrow worth?

They registered it in bad faith and with no intent to do anything but sell it for a profit. Ransoming it for profit.

They passed a law against that with statutory damages of 100,000 per domain.

Anti-Cybersquatting Piracy Act (ACPA)
Lanham Act S. 43(d) 15 U.S.C. S.1125(d)

**labrocca** · 07-27-2009, 06:12 PM

It will be interesting to see the outcome if indeed the OP is going to take this as far as he can.

I personally don't see how allowing a domain registration to lapse gives up his right to a trademark. Now how the domain was used after NameMedia caught it is going to really be the brunt of this case.

Your 10 million damages makes you look like a gold digger imho.

bmugford · 07-27-2009, 06:20 PM

Can you please point me to a copy of your claimed TM?

A trademark is a trade + mark. The current use of the domain is not infringing on the original "trade" tied to a trademark, if it does exist. You are going to have to prove NameMedia.com was aware of your trademark, and intentionally infringed in bad faith.

You are fighting uphill on this one, but good luck.

Brad

Quote:

Originally Posted by labrocca

I personally don't see how allowing a domain registration to lapse gives up his right to a trademark. Now how the domain was used after NameMedia caught it is going to really be the brunt of this case.

Your 10 million damages makes you look like a gold digger imho.

DubDubDubDot · 07-27-2009, 06:33 PM

You go into a coma, someone else gets your expired domains, you claim a $10 Million loss of income over a lifetime and don't even ask for the domains back in a lawsuit you filed yourself without first using spellcheck.

Ridiculous.

If you had gone to WIPO asking for the domains back, that would be an interesting case. This is just stupid.

**labrocca** · 07-27-2009, 06:35 PM

Quote:

Can you please point me to a copy of your claimed TM?

Are you asking him about a "registered" trademark? You have to be aware he doesn't have to registar a mark for it to be valid.

btw...just read the actual lawsuit...lol. It can't be written by a lawyer. I imagine a second year law student could do better.

CurtisNeeley · 07-27-2009, 06:35 PM

Quote:

Originally Posted by bmugford

Can you please point me to a copy of your claimed TM?

A trademark is a trade + mark. The current use of the domain is not infringing on the original "trade" tied to a trademark, if it does exist. You are going to have to prove NameMedia.com was aware of your trademark, and intentionally infringed in bad faith.

You are fighting uphill on this one, but good luck.

Brad

I had a common law trademark. Purchasing a domain at an expiry auction indicates some knowledge that the domain had prior use. I emailed NameMedia attorney prior to the sale.

bmugford · 07-27-2009, 06:38 PM

Common law trademark is something that you claim that will need plenty of evidence to back it up. It certainly does not have the impact of an actual trademark.

Brad

Quote:

Originally Posted by CurtisNeeley

I had a common law trademark. Purchasing a domain at an expiry auction indicates some knowledge that the domain had prior use. I emailed NameMedia attorney prior to the sale.

CurtisNeeley · 07-27-2009, 06:41 PM

Quote:

Originally Posted by labrocca

Are you asking him about a "registered" trademark? You have to be aware he doesn't have to registar a mark for it to be valid.

btw...just read the actual lawsuit...lol. It can't be written by a lawyer. I imagine a second year law student could do better.

well.
The law ain't fer us unspelin poor folk. Juries are!

---------- Post added at 06:41 PM ---------- Previous post was at 06:39 PM ----------

Quote:

Originally Posted by bmugford

Common law trademark is something that you claim that will need plenty of evidence to back it up. It certainly does not have the impact of an actual trademark.

Brad

Invoices on letterhead to Wal-Mart? Website archived in the internet archive?

snoop · 07-27-2009, 06:42 PM

Quote:

Originally Posted by labrocca

Are you asking him about a "registered" trademark? You have to be aware he doesn't have to registar a mark for it to be valid.

btw...just read the actual lawsuit...lol. It can't be written by a lawyer. I imagine a second year law student could do better.

Usually when people start talking about unregistered marks it all turns to BS. If they don't have anything registered the chance of a court finding an unregistered mark is remote, it is designed to protect famous marks, not terms people who hope/wish they had some rights.

The whole case sounds like pure nonsense (we seem to see one of these crazy threads every 6 months). When someone comes to a discussion forum to promote some case they filed themselves you can be fairly they have no clue what they are doing. It is all about getting attention rather than having a legitimate claim.

bmugford · 07-27-2009, 06:42 PM

A jury trial, even if it did happen, would be a long way off.

I am sure NameMedia.com has good lawyers and will fine plenty of motions that will need a proper attorney to respond.

This will take a lot of time and resources to fight. You have to determine if the case is strong enough to warrant putting out those resources.

Brad

Quote:

Originally Posted by CurtisNeeley

well.
The law ain't fer us unspelin poor folk. Juries are!

CurtisNeeley · 07-27-2009, 06:44 PM

Quote:

Originally Posted by labrocca

It will be interesting to see the outcome if indeed the OP is going to take this as far as he can.

I personally don't see how allowing a domain registration to lapse gives up his right to a trademark. Now how the domain was used after NameMedia caught it is going to really be the brunt of this case.

Your 10 million damages makes you look like a gold digger imho.

They sold eartheye to a mapping company in Florida and sleepspot is still for sale.

bmugford · 07-27-2009, 06:45 PM

You need to prove NameMedia.com was infringing on your trademark. Registering an expired domain name is not usually TM infringement unless it is a well known TM used in the same manner as the TM holder.

Trademark is Trade+Mark. You need to prove that they were infringing on your trade with your mark.

I suggest you take this lawsuit to an intellectual property lawyer to get their opinion.

Brad

Quote:

Originally Posted by CurtisNeeley

well.
The law ain't fer us unspelin poor folk. Juries are!

---------- Post added at 06:41 PM ---------- Previous post was at 06:39 PM ----------

Invoices on letterhead to Wal-Mart? Website archived in the internet archive?

L2 · 07-27-2009, 06:46 PM

Why now 6 years later? I read the paperwork, it appears the domain dropped in 2003.

L2

**labrocca** · 07-27-2009, 06:48 PM

Quote:

The law ain't fer us unspelin poor folk. Juries are!

You're watching too many movies. If this ever goes to a court NameMedia will hire a compentent lawyer and squash most of your claims. Heck I could line by line rip apart your entire suit. It's so poorly written and just full of logic problems.

I spend more time in a Mobi thread with a rebuttal than you probably did on that suit.

DubDubDubDot · 07-27-2009, 06:49 PM

Quote:

Originally Posted by CurtisNeeley

I had a common law trademark. Purchasing a domain at an expiry auction indicates some knowledge that the domain had prior use. I emailed NameMedia attorney prior to the sale.

This is a real problem for you though. You are essentially trying to make the case that once a domain is developed, you own the rights to that domain even after expiration.

I have to ask you, why are you demanding $10 Million and not the domains? Why did it take you this long to pursue this? Is insurance covering the medical costs of your accident, or are you now having the come up with the money somehow?

View Poll Results: You are the jury. What so you think?
This poll will close on 08-28-2009 at 02:09 PM
Guilty enough or a summary judgement!	5	16.67%
No. 1 - plus I say FINALLY!	0	0%
Frivolous....!	20	66.67%
We will have to see what the jury thinks.	5	16.67%
Voters: 30. You have already voted on this poll

07-27-2009, 02:02 PM	#1 (permalink)
CurtisNeeley New Member Join Date: Jul 2009 Location: Fayetteville, AR, USA Posts: 20 Trader Rating: 0 reviews 0.00 NP$ (Donate)	NameMedia sued for cybersquatting my domains... and there are no questions of law that require proof that will prevent the plaintiff(ME) from receiving desired relief. {exceeding ten million dollars}The only things left is an illustration of damages and presenting arguments for the need for exemplary damages to prevent NameMedia from damaging others as their normal course of business. eartheye.com & SleepSpot.com Domains first used in commerce by ME. Eartheye.com(Oct 13, 1999) See the archive as my old studio site started to separate my fine art and other photography. Eartheye(Nov 12,2000) Here you see it as the domain I was starting to use mostly for my version of art. (Nudes here) CurtisNeeley(June 14, 2001) My photography websites were starting to split from my fine art completely for the first time. Here you only see my wedding photography CurtisNeeley.com(May 28, 2002) ONLY my commercial photos. CurtisNeeley.com(Nov 26, 2002) My commercial photos with... A LINK TO EARTHEYE.COM via a WARNING about nudity. I was unresponsive and in a coma Nov 26,2002. Eartheye(Aug 31, 2003) First Internet archive of NameMedia's cybersquatting eartheye. I was a post-comatose invalid. St Vincent(Aug 31 2002) The jury will be interested in seeing me with a feeding tube still attached on my step-daughter's birthday. ================================================== ============== Another Domain Name first used in commerce by ME...they cybersquatted on SleepSpot(Mar 4,2000) SleepSpot(Sept 25 2002)The jury will be interested in knowing that I was in a coma and unresponsive on my 34th BIRTHDAY when it still looked OK! SleepSpot(Oct 31 2003) The jury will be interested in seeing this domain being first archived while being ransomed to an incompetent disabled. I was once a [CIRS]software designer who was trying to sort my figure art photography from my other photography? Eartheye Lawsuit I am seeking in excess of ten million dollars damages! Read the initial filing as a PDF that I ALREADY filed in the United States Court in the Western District of Arkansas - it is ALREADY DONE SEE

07-27-2009, 02:05 PM	#2 (permalink)
24HourDomainer Senior Member Join Date: Oct 2005 Posts: 2,972 Trader Rating: 42 reviews 4.04 NP$ (Donate)	Good Luck __________________ Justice denied anywhere diminishes justice everywhere. Martin Luther King, Jr. Toronto SEO Company - Toronto Search Engine Optimization - Toronto SEO - Toronto Web Design vBulletin Installation - vBulletin Installation Services - Zen Cart Installation

07-27-2009, 02:12 PM	#3 (permalink)
CurtisNeeley New Member Join Date: Jul 2009 Location: Fayetteville, AR, USA Posts: 20 Trader Rating: 0 reviews 0.00 NP$ (Donate)	Thank you sir! NM Thank you sir! NM

07-27-2009, 05:02 PM	#10 (permalink)
HeyGeek NamePros Regular Join Date: Mar 2006 Posts: 323 Trader Rating: 3 reviews 26.10 NP$ (Donate)	You gotta wonder how seriously the Attorney is actually taking this considering some of the spelling/grammar mistakes in the above referenced PDF.... "...emotional damages for loosing the ability to have a consistent legacy with the website eartheye.com to be in excess..." If you win this then anyone that has ever had their expired domain registered by someone with the intent to profit from it would stand to gain from a lawsuit... And 10 million big ones seems extremely excessive, even if there was any merit to the case... __________________ Start a Logo Design Contest at eLogoContest today! \| Logo Design Company Reviews \| Custom Logo Design

Administrator

Forum Moderator

Forum Moderator

Forum Moderator

07-27-2009, 02:14 PM	#4 (permalink)
RJ NamePros Founder Administrator Join Date: Feb 2003 Location: Bay Area, CA Posts: 13,205 Trader Rating: 234 reviews 112,138.68 NP$ (Donate)	Interesting case. Keep us posted!

07-27-2009, 03:55 PM	#5 (permalink)
cwinhall NamePros Member Join Date: Jul 2009 Posts: 46 Trader Rating: 0 reviews 0.00 NP$ (Donate)	As a fellow photographer I wish you all the luck in your case!

07-27-2009, 04:04 PM	#6 (permalink)
punchie NamePros Member Join Date: Jul 2007 Posts: 34 Trader Rating: 1 reviews 0.00 NP$ (Donate)	if you already owned the domains, how did they squat them? Did you let them expire?

07-27-2009, 04:22 PM	#8 (permalink)
punchie NamePros Member Join Date: Jul 2007 Posts: 34 Trader Rating: 1 reviews 0.00 NP$ (Donate)	I just don't see it. The registration lapsed, namemedia bought it and it looks like they sold it to a mapping company (not in the same realm as photography).

07-27-2009, 05:58 PM	#11 (permalink)
CurtisNeeley New Member Join Date: Jul 2009 Location: Fayetteville, AR, USA Posts: 20 Trader Rating: 0 reviews 0.00 NP$ (Donate)	Well, I dun spelt a litel bit rong. I dont got enuf monee no how to lern or higher an torney.. Leest nou I um moar competant? How much is my extreme sorrow worth? They registered it in bad faith and with no intent to do anything but sell it for a profit. Ransoming it for profit. They passed a law against that with statutory damages of 100,000 per domain. Anti-Cybersquatting Piracy Act (ACPA) Lanham Act S. 43(d) 15 U.S.C. S.1125(d) Last edited by CurtisNeeley; 07-27-2009 at 06:07 PM.

07-27-2009, 06:12 PM	#12 (permalink)
labrocca Recovering Jerk Forum Moderator Join Date: Aug 2004 Location: Las Vegas Posts: 5,547 Trader Rating: 104 reviews 1,196.64 NP$ (Donate)	It will be interesting to see the outcome if indeed the OP is going to take this as far as he can. I personally don't see how allowing a domain registration to lapse gives up his right to a trademark. Now how the domain was used after NameMedia caught it is going to really be the brunt of this case. Your 10 million damages makes you look like a gold digger imho. __________________ Proxy Filter SEO Tag Cloud Debate Forums Free Online Sudoku My vBum Blog

07-27-2009, 06:33 PM	#14 (permalink)
DubDubDubDot NamePros Regular Join Date: May 2008 Posts: 528 Trader Rating: 0 reviews 65.00 NP$ (Donate)	You go into a coma, someone else gets your expired domains, you claim a $10 Million loss of income over a lifetime and don't even ask for the domains back in a lawsuit you filed yourself without first using spellcheck. Ridiculous. If you had gone to WIPO asking for the domains back, that would be an interesting case. This is just stupid.

07-27-2009, 06:46 PM	#23 (permalink)
L2 Senior Member Join Date: Mar 2008 Location: USA Posts: 2,700 Trader Rating: 39 reviews 2,219.13 NP$ (Donate)	Domain Why now 6 years later? I read the paperwork, it appears the domain dropped in 2003. L2 __________________ My Blog Post on Whypark \| FBD \| BT \| GT \| T101 \| FAD \| HDT \| TS \| VCC \| FDD \| TF \| TT \| MB \| GGT Sale: TelepresenceCenter.com \| TelepresencePro.com \| TelepresenceMeetings.com \| TelepresencePros.com

Quick Reply
The following errors occurred with your submission

Okay
Message: Options Show your signature Quote message in reply? Posting Quick Reply - Please Wait

Currently Active Users Viewing This Thread: 3 (3 members and 0 guests)
CurtisNeeley, elius, quadtree