Apple Domain Owner Creates YouTube Response to UDRP Loss | DomainInvesting.com
Lend.me

Apple Domain Owner Creates YouTube Response to UDRP Loss

18

Apple UDRPAs you probably read on TechCrunch or the same article in the Washington Post, Apple recently won a UDRP filing for 16 domain names owned by Daniel Bijan.  The domain names that they were awarded include: blueipod.com, iphonecheap.com, iphonetoys.com, ipodaccessories.info, ipodkits.com, ipodsbaratos.com, macbookpro.biz, macbookpro.com, macbookpro.net, macbookpro.org, macfriend.com, and redipods.com. Clearly these domain names incorporated trademarks owned by Apple.

In a video posted today on YouTube (embedded below), Bijan doesn’t dispute the fact that Apple has rights to these domain names. In the video’s description, Bijan writes, “Apple hurts me, my wife and 3 kids. Not once did they contact me or send a cease and decist letter. I would have gladly gave them the names. Instead, they just start the arbitration process. This is what is wrong with corporations today. Just pick up the phone and call me.” Bijan continues, “What is wrong with this world. Did we forget to treat people like human beings? I will not buy any Apple products.”

Although I can empathize with Bijan a bit because I would be horrified to see my name in a similar article, I have to say that it comes with the territory when you buy domain names like this. Sure it sucks to be called out publicly, especially because anyone who searches for this guy’s name will probably forever see these two articles, however, one needs to be mindful of one’s domain registrations.

When I worked in the corporate world, there was always a saying that went something like “never send out an email that you would be embarrassed to see on the front page of the New York Times.” Likewise, I would advise people to be cautious about what domain names to which they may forever be linked.

Do you feel badly for the guy, or did he get what he deserved?


About The Author: Elliot Silver is an Internet entrepreneur and publisher of DomainInvesting.com. Elliot is also the founder and President of Top Notch Domains, LLC, a company that has sold seven figures worth of domain names in the last five years. Please read the DomainInvesting.com Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest.


Reach out to Elliot: Twitter | | Facebook | Email
Niche Websites

Comments (18)

    Jamie

    He seems like a pretty honest guy who was just trying to make a buck. He clearly said he didn’t understand TM laws when he started (like most do not when starting domaining) but I also think he was aware of what he was doing when Apple came knocking.

    If he didn’t own Macbookpro.com, they likely wouldn’t of came after him.

    January 12th, 2010 at 6:59 pm

    Jorlando

    This guy is legitimate because he legitimately resold APPLE PRODUCTS under the domains. He didn’t hurt Apple by his doing. He HELPED THEM by promoting their products.

    APPLE “quietly attacked” Daniel Bijan.

    This is not a good direction by APPLE.

    Apple should’ve first found something he did intentionally wrong, and first contact him to determine.

    This potentially can compromise APPLE’S QUALITY SCORE since this is a negative on their part.

    January 12th, 2010 at 9:23 pm

      Elliot

      “Quietly attacked”

      Huh? They filed a UDRP. He would have really been screwed if they decided to make an example of him and sued him for 16 counts of cybersquatting under the Lanham Act. That would have been something like up to $100,000 a piece. Mr. Bijan would have probably had to hire lawyers to defend himself, adding even more to his legal bills.

      January 12th, 2010 at 9:26 pm

    Ben Wilks

    Cry me a river, what a douche, go have a cry – better make that a man sized tissue. You are a criminal and you’ll be lucky to convince anyone with those excuses, what a joke!

    January 12th, 2010 at 10:34 pm

    OWEN FRAGER

    “Apple didn’t seem to mind, so I assumed they were a cool company.”

    FYI- Apple IS the music business.

    January 13th, 2010 at 1:33 am

    rob sequin

    Boo Hoo!

    When the cops want to arrest a criminal they don’t call first to say we’re coming to arrest you.

    Apple probably wanted to have this out in public for all other TM violators to see.

    The guy knew he had TM domains and Apple is at fault?

    January 13th, 2010 at 8:26 am

    rob sequin

    what a dummy.

    The good thing about this recession is that it shakes out idiots like this from our industry.

    January 13th, 2010 at 8:32 am

    Michael Carter

    he should be thankful that apple didn’t go after revenue generated from the various sites – he knew exactly what he was doing – zero sympathy – and why boycott apple? they are not in the wrong, not even close – just protecting what is rightfully theirs.

    January 13th, 2010 at 8:58 am

    bruce J tedeschi

    Ignorance is no excuse… He knew exactly what he was doing. He sells apple products on the sites and did not know they were trademarked, BS…

    January 13th, 2010 at 9:52 am

    Jacob

    Yeah, that guy should have known his little gravy train would break down eventually. He should have been prepared.

    January 13th, 2010 at 11:04 am

    Freddy

    @bruce MacMall.com maczone.com and among others sell Apple products on their sites too . so why make an example of 1 guy doing it ?

    January 13th, 2010 at 4:11 pm

    t

    time to invest in a generic

    January 13th, 2010 at 4:45 pm

    Ms Domainer

    *

    This cybersquatter got a well-deserved spanking from Apple.

    He’s just lucky they haven’t sued him for $$$,$$$!

    *

    January 13th, 2010 at 4:53 pm

    UDRPtalk

    @Freddy You have a very valid point, and I want to commend you for not going along with the “wolf pack” mentality here.

    I believe that if you are conducting yourself as a value added partner by promoting and marketing the trademark owner’s products under a variation of the trademarked domain, then it should be considered legitimate and fair use.

    Unfortunately, trademark owners take advantage of naive people like Daniel Bijan to use the system to “legally steal” domain property which is being fairly used.

    In the end, it’s about presentation. If he had responded, perhaps a panelist would have realized that he is a valid affiliate of eBay which in turn is an affiliate of Apple, and perhaps he would have won.

    January 13th, 2010 at 8:26 pm

    Freddy

    @udrptalk it’s MUCH easier to point the finger isn’t it ?

    January 13th, 2010 at 8:46 pm

    UDRPtalk

    @Freddy Yes.

    BTW, http://www.MacMall.com & http://www.MacZone.com are excellent examples of using the “mac” trademark within the domain.

    January 13th, 2010 at 9:09 pm

    Jorlando

    I agree, if you are an affiliate and re-seller of the products, you can use the tm in the domain name, just like FastFrame, being a corporation, offers people to be re-sellers, and therefore, also offers the resellers to register domains with the “fastframe” mark in the domain:

    FASTFRAMEFITNESS.COM
    FASTFRAMEFAIROAKS.COM
    FASTFRAMEETC.COM
    FASTFRAMEEAGAN.COM
    FASTFRAMEDR.COM
    FASTFRAMEDENVILLE.COM
    FASTFRAMECOSTAMESA.COM
    FASTFRAMECHICAGO.NET
    FASTFRAMECHICAGO.COM
    FASTFRAMECHESTERFIELD.COM
    FASTFRAMECHESTER.COM
    FASTFRAMECHARLOTTE.COM
    FASTFRAMECENTRAL.COM
    FASTFRAMECAMARILLO.COM
    FASTFRAMEBYCARLOSANDTROY.COM
    FASTFRAMEBUILDINGS.COM
    FASTFRAMEBROOKFIELD.COM
    FASTFRAMEBELAIR.COM
    FASTFRAMEAUSTIN.COM
    FASTFRAMEASHVILLE.COM
    FASTFRAMEASHEVILLE.COM
    FASTFRAMEARLINGTON.COM
    FASTFRAMEARIZONA.COM
    FASTFRAMEAFRICA.COM
    FASTFRAME532.COM
    FASTFRAME4YOU.COM
    FASTFRAME485.COM
    FASTFRAME391.COM
    FASTFRAME382.COM
    FASTFRAME350.COM
    FASTFRAME2.COM
    FASTFRAME139.COM
    FASTFRAME123.COM
    FASTFRAME109.COM
    FASTFRAME.NET
    FASTFRAME.COM
    FASTFRAME-WB.COM
    FASTFRAME-W.COM
    FASTFRAME-STC.COM
    FASTFRAME-SANMATEO.COM
    FASTFRAME-PALOS.COM
    FASTFRAME-P.COM
    FASTFRAME-NORTHBROOK.COM
    FASTFRAME-MH.COM
    FASTFRAME-L.COM
    FASTFRAME-K.COM
    FASTFRAME-IL.COM
    FASTFRAME-GF.COM
    FASTFRAME-BF.COM
    FASTFRAME-AH.COM

    January 13th, 2010 at 10:04 pm

    Marc

    Companies TRADEMARK names for a reason, to keep idiots like this from leeching off them. Does not matter if he was promoting, do you think he did a better job than Apple?

    If I had a company and went through the legal paperwork and expense to trademark (protect) my company name only to have some knucklehead put up some crappy blog trying to ride my coat tails I would sue his ass!

    So many Internet Marketing “gurus” are preaching this “company name/product domain” method, not good for innocent people trying to make a buck as it is going to cause a lot of probs down the line now that Apple has successfully showed that companies with the Trademark do in fact have the upper hand as the law protects them.

    It’s common sense, just because it is on the internet does not mean total anarchy.

    June 25th, 2010 at 7:00 pm

Leave a Reply

Name *

Mail *

Website