Well the Domain King, Rick Schwartz is on the war path over a dispute regarding the domain MinneapolisPlasticSurgery.co which he says he offered to the owners of MinneapolisPlasticSurgery.com upon a demand for the generic domain.
However even after offering the domain back to the owners at no charge, they filed a UDRP on the domain.
So Rick Schwartz put up a site on MinneapolisPlasticSurgerySUCKS.com and mirror sites on some of his adult domain names like Ass.com.
Well we can’t show you the banners on the sucks site or Ass.com since they are full of graphic images but they are certainly not to be missed IF you 18 or over.
As for the domain MinneapolisPlasticSurgery.com it does not appear the owners have a trademark, at least there is no representation of one on their site and speaking of the domain name itself, MinneapolisPlasticSurgery.com, the owners are just forwarding to it to mpsmn.com.
Even more interesting is while the the owners of MinneapolisPlasticSurgery.com are spending thousands on a UDRP on a domain its just forwarding it didn’t even bother to spend the $30 to register the .Co version of that domain which they are actually using mpsmn.co which at time of publication appears to be available.
Back to MinneapolisPlasticSurgerySUCKS.com although we can’t show you the banners we can give you the verbiage found on the site:
Welcome to my 100,000 Daily Readers. Don’t you Love Weekends?
Sponsored by SLUTS and WHORES From Around the World and
MinneapolisPlasticSurgerySUCKS.com
July 30th and 31st, when all the MORONS go home………this Lion will Roar
I know you are looking for Adult Content. Pateince. It’s cumming.
First a story about “NEGLIGENCE in Progress”
MinneapolisPlasticSurgerySUCKS.com
Plus 9 other Domain Names are Pointed Here:
toddfro***sucks.com
fro***sucks.com
adrforumsucks.com
DBCLawSucks.com
dbclawblows.com
tucowsblows.com
Gerv**sSucks.com
DrGerv**sSucks.com
Tho**nSucks.com
DrTho**nSucks.comDr. Tho**n and Dr. Ger***s Pay close attention to WHY this is happening.
Folks, I have a Story to tell about some incompetent people
that don’t follow up properly or timely.So here is a PUBLIC EMAIL to all parties to get to the bottom of this. FAST!
It does not take a week or weeks to answer IMPORTANT emails.
Time sensitive emails. 7 days since the last UNANSWERED email.
This has gone on far too long. So now I am escalating this matter.Todd, this is YOUR doing! Let your client KNOW how they got THIS!
Got this after I AGREED to GIVE you the domain name you wanted.
MinneapolisPlasticSurgery.co to go with your MinneapolisPlasticSurgery.com
Just one of dozens of *city name*PlasticSurgery.co I registered
The domain by itself has little value to me.
So when you wanted it, I decided to give it to you and not defend it.
THIS DOMAIN you are on NOW has GREAT value.
MinneapolisPlasticSurgerySUCKS.com
But you can’t have this one or the others!
Shove it up your collective asses!
You dug this hole for your clients and they are now worse off than before!
See Howard, this is how we deal with this MESS.
We agreed to give Todd and his Client what they wanted TWO MONTHS ago and
they are in the process of STAINING my reputation NEEDLESSLY!!!!
THAT got THIS!
Day after day passes without action and our emails remain unanswered.Total Incompetence from all involved.
You may all be great people, but we have a BIG problem.
Since this is TIME SENSITIVE and HAS BEEN for 2 MONTHS…….
Each day that passes I will list more information.
Emails, time and names and companies involved.Here are the players and their job titles (Coming TONIGHT!!)
Since everyone keeps dropping the ball, I decided this would get some ATTENTION.There was NEGLIGENCE here and SOMEBODY is responsible.
Todd should have spent his time finding out who that was if it was not him.Todd saw EVERY email.
Todd saw I was doing everything in my power to cooperate.
Todd was in touch with my Attorney.
Todd was in touch with my Registrar.
Todd was in touch with all parties.
and Todd Sandbagged us anyway.
BAD FAITH!Low Blow and now you OWN THIS MESS Todd!
For What?? Think I have to play your game? Now what?
File suit on this domain and the others if you wish.
I will defend them all, win them all and then you will do what?
Bill your client for your OUTSTANDING WORK??
You Sir opened this can of worms and let the chips fall where they may.
Now you have a REASON to fix this QUICKLY Todd.
Now we do it MY WAY because of what YOU did Todd!
Now we all have a “Sense of Urgency” ToddPay Attention Tucows.com, ADRForum.com, etc.
You ladies are on my radar because if not Todd, then LIKELY one or BOTH of you.
I don’t care who, I just want it FIXED! But that changes tonight.
I am just going to put the FACTS and emails on the table sprinkled with some emotion.
I am just going to keep sharing this story. More and more folks will read it.
Google will index this page so others will know what I know.
If anything is not 1000% accurate, please advise ASAP as I tell my story.
The Media will be informed and eventually you can explain to them too.
Say what you will, we are where we are and since NOBODY is taking responsibility,
I am FORCING the issue so it is handled PROPERLY ASAP Todd!
I don’t like what you did when I was cooperating FULLY.
Others can share their stories if they have any as soon as I set the Chat Section up.
This page will evolve from a few sentences to a new world to explore.
Reload this page often as I will be updating for the next week.
If you don’t like it NOW, wait and reload. I have all types of Surprises.
This is not my first rodeo. Time to show you.
There were other ways to handle this and you know it!
What you did was the WRONG way when you saw COOPERATION!
Friday Night Update “In order for the domain to be transferred I need the lawyer (That’s YOU TODD!)
to respond with the new whois information. Currently I am just getting auto responders from him,
I see there is another email address for the complainant on the UDRP so I will
send an email to him as well. Until we have the new whois information we cannot
proceed we the transfer.”This directly from Tucows July 29th. Puts it at YOUR doorstep TODD!
Plus some of my domains are NOW pointed here to make sure THOUSANDS Read this.
Like Whore.com, Slut.com, HotCunt.com, Asshole.co, FuckYou.co and 12 others.
Adults Only! You must be 18 to Click this Link!
love it love it love it. I actually GAVE a domain to someone one time, because they were trying to ‘bargain’ me down on a domain that was only priced at $25 to begin with (someone prominent in the industry) – they ticked me off and i told the cheap ****** to just take the domain name (but in a nice way). I wish I could go BIG and BAD like this lol!
Pathetic. Unprofessional. Shines a great light on this “industry”. Way to go!
Ok. So Rick is pissed off that he got sandbagged. Got it. But associating his anger and frustration with porn will only undermine his own case. It will do nothing to improve his reputation that he says will be harmed by the UDRP that was filed against him. It demonstrates clear bad faith on his part. He’s escalating from a posture in which he would win to one where he may not.
Am I the only one having a strong feeling of Déjà vu?
At the risk of sounding like a broken record:
http://www.internetcommerce.org/member_code_of_conduct
“Protection of Names of Persons: A registrant should acknowledge that persons are known by their name. A registrant should not intentionally register a domain name that incorporates the name of another person for the purpose of intentional defamation or slander. Domain names that incorporate the name of a famous person should not be used in a manner that suggests a non-existing endorsement.”
Yeah, yeah, I know Schwartz is probably not an ICA member, but there are a million idiots out there who treat him like some kind of guru, so he should probably try to set an example.
Kevin
Rick is not a member of the ICA
Hi MHB,
It turns out they do have a registered TM under “Minneapolis Plastic Surgery”.
Were you referring to something different when you said they don’t have a TM?
Totally childish by Schwarz.
Rick said, “they are in the process of STAINING my reputation NEEDLESSLY!!!!”
Umm, acting like a teenager and putting up a porn site on the domain isn’t helping your reputation either. As a top player in the industry you would expect to be more professional. I think the facts along with a clear message would have got your point across effectively. It is your choice and right to put up porn because you are pissed off but this backs up the warning i give my clients about purchasing domains from you. Worst case scenario, this is what can happen with Rick Shwartz.
Wow.
Rick is one mean, vindictive and angry dude. A miserable SOB. There is no one on this planet who can stain his reputation any more than he has already done himself. This industry will NEVER gain the respect it deserves as long as Rick keeps doing thing like this.
@Marv V
That’s why SOB.com was a perfect acquisition in a partnership deal. The domain name is in good hands.
@mary you are blaming him for the bad rep our industry got? How is he responsible for tm squatters and typo squatters?
IMO he is just ruining his own reputation. Pointing the domain to an adult page is just a bad idea. No idea why he would register the domain in the first place.
UDRP
I didn’t check the database, I checked the site and didn’t see any TM symbols on it
what a douchebag!!!!!!!!……didn’t he also reg chefpatricksucks.com?…
get the popcorn
whooooooo!
@MHB – Any theories on how they could have earned a TM on such a geo-descriptive?
I think registering people’s names and putting porn on the domain name/s in question is a mistake, an error of judgement, and unfortunately I think it will probably will be self-defeating.
HOWEVER – wanton idiots, grossly rude or ungrateful people and vexatious lawyers need to be taught a lesson and from what I can gather Rick Schwartz is well placed to dispense such medicine. Go get em Rick, good luck with it 🙂
No offense to the owners of SOB.com (class acts in the domain industry). Just adding to the humor of this domain event.
It is something that can start a chain reaction over a domain name that is not
worth the time to defend. It would have been better to write content on his blog like the privacy issue and Chef Patrick.
Funny claim he makes that a UDRP filing will ruin his reputation. I think the sample text shown here and the content on the sites are going to ruin a reputation more than a UDRP filing for a dot co name case that could be won.
There are disagreements all the time. People get offended too easily. Domaining should be fun in an industry that has some major relevance to shaping the Internet.
However, end-users may take notice of the adolescence attitudes and grow a brain to find alternatives to gaining a competitive advantage. IMO, change sucks when one incident can impact those who depend on domain names to make a living.
I’m glad I’m not going on a domainer cruise with this Mel Gibson of our industry.
Kevin
Also not sure ricks sucks site would violate the ICA provision
The site that Rick has the sucks version of isn’t well know or famous and the attorney’s last name isn’t even published
What a vindictive moron………..I would take him to court over this. I guess in his mind he is
the “victim”.
Huffington Post users dislike Mel Gibson. They refuse to forgive him. His verbal rants were aimed at law enforcement officers. The media got a hold of the content from law enforcement to report it to the public.
However, this porn incident is something that may give end-users additional firepower. There have been past cyberstalking cases that resulted in conviction. Therefore, if a reputation is damaged or another experiences harm due to this circus, then a minor case can turn into a major problem.
There are thousands of visitors that go to Rick’s porn sites. He owns some stellar names in the porn space. However, associating these medical personnel and a lawyer with porn and registering the name will burn out of control like a wildfire such as slander and defamation of character.
Another reason the domain industry is full of people who lack respect and refuse to lend a hand to those in need. That’s domaining I guess.
Go rick! Only the king can do this! He tried being nice. Now its personal.
Waste of udrp money by them.
@ Mike
Hopefully he doesn’t list the last name. People say and do things without thinking about the consequences. Once the complete first and last names are listed, then it can impact their reputation and business.
Business filed with Minnesota Secretary of State Office 12/1978.
Business claims first use in 01/1980.
Business filed with USPTO 03/2010.
Rick (or original owner) reserved MinneapolisPlasticSurgery.co 06/2010.
IMO – The real reason Rick is hot and should be is – GENERIC / or common use – Minneapolis Plastic Surgery is no less generic / or common use than Minneapolis Real Estate.
What I am saying is there is no reason a business named Minneapolis Plastic Surgery, LLC in Phoenix, Denver or New York could operate. No way has the Business established secondary meaning in the business name / term.
All this for a domain name with poor ass keyword stats. Not even searched more than 400 times a month. I suppose a GEO plastic surgery domain in Minneapolis is worth all this trouble.
I can see if it were a Los Angeles-related or NYC plastic surgery domain name. Another overpriced domain that is not deserving of media exposure.
Both sad and unprofessional….next!
Waste of $7-10 on the dot com sucks domain name. The money could have been invested in a cloud or 3D domain name 🙂
UPDATE
Rick sent me a decision of the NAB extending the time to respond to the UDRP until the end of August.
The time to respond had already passed, which prompted Ricks sucks site
Since the NAB extended the time to respond Rick has taken the sucks site down
The NAB decision came in just 2 hour After this post went up
@MHB – Out of interest, why was an extension needed? And what was the basis for it being granted?
classy. very classy
power vs. power
sides vs. sides
perception vs. perception
each domainer is his own industry, and controls his own destiny
if one falls, where is the us
when one succeeds, where is the us
🙂
“IMO – The real reason Rick is hot and should be is – GENERIC / or common use – Minneapolis Plastic Surgery is no less generic / or common use than Minneapolis Real Estate. ”
——————————–
It looks that way, he’s fighting over the principal of how the lawyer handled it rather than the actual value of the domain.
( Minneapolis is not in Colombia ;))
Some Lawyers are bullying, bossy assholes and need a kick in the ass once in a while.
Damn, that’s my ex-girlfriend on that Donger Brothers banner….I wondered why she left me. 🙂
WOW. All this over a .COlumbia domain name with THREE long keywords. Unbelievable. What a waste of time and money.
Wow – and I though the owners who just got sued by facebook.com shed a bad light on this industry. This is pathetic at best.
MinneapolisPlasticSurgery.co is suspended by cointernet.
Is that standard operating procedure for
UDRP’s by cointernet?
Does not make much sense to presume guilt on part of the domain owner before the decision is reached.
UDRP
From what I’m told by Rick is he offered the domain after the UDRP was filed & the attorney agreed to drop it
The domain apparently did not get transferred & the date to responded passed
Therefore Rick would have had a default entered had the extension not been granted
This again is my understanding which Rick can correct if anything is inaccurate
Of course the .com holder or their attorney is always free to comment here as well
“MinneapolisPlasticSurgery.co is suspended by cointernet.
Is that standard operating procedure for
UDRP’s by cointernet?
Does not make much sense to presume guilt on part of the domain owner before the decision is reached.”
—————————–
I think that is standard although I’d agree it looks a bit misleading, I just dropped my one & only .co and it is showing the exact same page and wording as the one above.
ie:
“Domain Suspension
This domain has expired and is now suspended. If you are the Registrant and would like to restore it please contact the following registrar which was used to register your domain. “
Gazzip
Think the domain is suspended since it wasn’t renewed but that’s just my take
Egomanic ranting madman at large. In business, sometimes you loose, you know. Don’t be a baby about it.
Checking the TESS (TM Electronic Search System)
There was a TM on the name.
Serial Number 77959265
Filing Date March 15, 2010
So it was a bad register right off the bat.
Just my opinion.
Cheers
“Think the domain is suspended since it wasn’t renewed but that’s just my take”
Yes, that’s what I’m saying
Domain Expiration Date: Tue Jul 19 23:59:59 GMT 2011
The page (current landing page) and the terminology on it is standard practise for non-renewed .co domains.
Its the same on the .co domain I just dropped
I think the interesting part of the story is their ability to get a tm for a geo/service term, how is this even possible, wouldnt that prohibit competition in the MN market?
Mike with the portfolio Rick has why would he waste his time regging a domain like this ? I would think his time too valuable for this kind of nonsense domain.
@Don hopefully John Berryhill can weigh in on that if he reads the post.
Sheesh, looks like someone has way too much time on his hands. All this hurt pride over a .co? Come one!
Most of us would be pissed if this happened to us.
Maybe, Rick should attack the TM validity?
RH
You would have to ask Rick
It appears Fabulous owned the domain (MinneapolisPlasticSurgery,com) from Feb. 2005 thru Oct. 2010. I wonder if they sold it or surrendered it?
Maybe, the lawyer realized he would only make $ 250. from the C&D letter. And, could make $ 5,000. from the UDRP proceedings?
“Just one of dozens of *city name*PlasticSurgery.co I registered”
Anyone else find it interesting that Rick took a stab on these .co’s? Where’s that comment poster who posts 20 comments a day about how .co is going to be big? He shoulda picked this up and already had 50 comments by now.
I think this is humorous. It is not a good to cast yourself in this type of light, but Rick already has ‘made’ it so he can afford to do things that most others cannot. Pointing the p0rn domains at it I don’t think is right but calling out someone who you feel wronged you should be allowed… though Rick certainly has his own way of doing it.
I am entertained, thanks Rick.
Haha… “Domainers”.
50% shrewd visionaries, 50% straight up fucking scumbags.
@LS Morgan
Your a bitch and a wanna developer
Could his writing in any way be construed as extortion?
Does he say he’ll take it down if they buy?
I swear to god, there are people who walk amongst us that are so totally oblivious to how the rest of the world views them, if they were to every really figure it out, they’d probably throw themselves off the nearest bridge.
Your a bitch and a wanna developer
—
You’re illiterate, and I don’t know what a “wanna developer” is.
@ls Morgan
Get some decent domains ass hole
YOUR MOM!
I wonder if 12 people would agree that associating a plastic surgery firm with graphic images of hardcore pornography constitutes a defamation of character issue… and I wonder if a judge would convert the domains being used in a defamatory capacity- like Ass.com- as part of the claim?
Really, it just seems like he’s assuming needless risk, by ‘going in this direction’ with valuable adult domains. Be mad, say whatever you want to say, vent, holler, shriek till you burst a blood vessel, register XYZSucks.com, but if they decide to go for the throat, it will boil down to what 12 people who aren’t domainers think and I wouldn’t want to be risking a domain like Ass.com just for the sake of making a “LOOK AT ME, I’M MAD AND I’M ASSOCIATING YOUR NAME WITH PORN HAHAHA!!!!!” type site.
LS
Civil juries are only 6 in number
OK, so 6. Even worse odds…
Once this is indexed in Google, it should probably rank high for their relevant search terms. I don’t think they’d have a hard time convincing 6 people that their reputation was damaged here.
Either way, I wouldn’t want to be risking Ass.com over something like this. I think Rick’s being irrational, by using that domain for this.
LS – So, in other words, you are saying that Rick’s about to lose his “Ass”? Err, I mean “Ass.com”? 😉
Ls is simply a website maker working under his boss
Forget LS and his fucking ego.
I hope he doesn’t, but what would 6 random people off the street think if they were presented with those facts? Would they consider it defamatory if someone were doing the same thing to them? Yes, they would.
Why potentially risk Ass.com over something this stupid?
Ls is simply a website maker working under his boss
Forget LS and his fucking ego.
—-
Look, coward. There’s a 90% odds-on favorite as to who you ‘really are’ (hovering over your computer, continually hitting refresh to read every opinion posted on this thread).
For someone who talks a big game about ‘using your real name’, this is a bit pathetic, wouldn’t you say?
LS – Rick is willing to risk his “Ass” and has taken it to the next level by putting his “Ass” on the line, which is the equivalent of putting “Ass.com” online. 😉
Loving the built in humor!!!!
His decision… But Bosley Medical Institute v. Kremer held that non-commercial use was the cornerstone for consumer commentary that employs a trademark in a domain.
Rick’s page is littered with commercial intent.
“it does not appear the owners have a trademark”
They have a federally registered trademark:
Word Mark MINNEAPOLIS PLASTIC SURGERY
Goods and Services IC 044. US 100 101. G & S: MEDICAL SERVICES, NAMELY, COSMETIC AND RECONSTRUCTIVE PLASTIC SURGERY. FIRST USE: 19800101. FIRST USE IN COMMERCE: 19800101
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77959265
Filing Date March 15, 2010
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition December 14, 2010
Registration Number 3924770
Registration Date March 1, 2011
Owner (REGISTRANT) Minneapolis Plastic Surgery, Ltd. CORPORATION MINNESOTA Suite 200 4825 Olson Memorial Highway Minneapolis MINNESOTA 55422
Attorney of Record Todd R. Fronek
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “PLASTIC SURGERY” APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE
The registration was obtained under Section 2(f) of the Lanham Act, which deals with acquired distinctiveness in a descriptive term.
A term which is “merely descriptive” is not a trademark. However, there are descriptive terms which, if used on a substantially exclusive basis for a long period of time (typically five years) may be found to have “acquired distinctiveness” as a trademark.
You see these all the time. “American Airlines”, “Handi-Wipes”, and “International Business Machines” are examples of descriptive marks. Even “Coca-Cola” is a descriptive term – it’s just the name of two ingredients, coca (an extract of which is still used) and cola. The thing is that “Coca-Cola” became so well known that it acquired distinctiveness, and they won a landmark case to that effect back in something like 1910. It is still a descriptive term, but one which has come to signify a particular brand to the public.
I have no opinion on this particular assertion.
John
Why would a TM owner not designate it on their site by putting a TM by their trademark
As I said, Sucks Domains carry more weight and it is priceless.
Thank god I have CloudComputing Sucks….
the irony is this is a PIGEON SHIT DOMAIN
and Rick owns thousands of pigeon shit .co’s
yes he owns some cream .com, some real cream
but he still registers pigeon shit all the time, but abuses people for doing the same
go figure
The tits on MinneapolisPlasticSurgery.com look better than the ones on Ass.com
On a serious note: I’d too be furious if I did everything in my power to comply and some lawyer dragged their feet resulting in a deadline passing.
It will be pretty interesting to see how this one plays out.
Another day, another UDRP….
Per LS –
Could it be that the reason someone wants Plastic Surgery is because they want to look like a porn star or they are envious of the porn industry in general – of course they would never admit that !!!
“Why would a TM owner not designate it on their site by putting a TM by their trademark”
They don’t have to. Providing notice of a claim can be helpful, but is not necessary.
Good for Rick. People need to stand up and stop dealing with BS like pussies whenever possible. It will probably also piss off all plastic surgeons in Minneapolis, which will in effect prove that the term is generic anyway.
It is unfortunate that it had to come to this.
You should never F*ck with someone if you aren’t sure that you are the craziest of the two, and I mean crazy in a good way.
It’s also a good example of the power of generic domain names with traffic.
Rick shows his class again.
Mr. Hide and Jekyl. They will probably regret messing with Rick.
At least they won’t gain anything from this.
They must hate domainers.
Hate to say it but maybe Rick has gone to far on this one. Registering MinneapolisPlasticSurgerySUCKS dot com certainly doesn’t help if the complainant uses it against him in the UDRP. Unfortunately the business of offering a domain of the same name in other extensions to corporate entities seems to end up in a lot more UDRP conflicts, more so than other types of cases.
Considering Rick’s wealth that he’s gathered over the years as a pioneering domain investor he really doesn’t need to engage in this form business practice, not only is it a final hazard from potential UDRP conflicts but also not very profitable in the long run (though some would of profited more so doing it than me).
Good luck to him anyway and I do hope he can clear his name. 🙂
Rick Shwartz – you are one pathetic little man with a huge ego and a tiny penis.
How classy of you to do this.
When RS behaves in this manner and a bunch of wannabe sucker uppers applaud such behavior – it is no wonder that most domainers are considered to be of a lower social standing than a cracked up whore.
And lets not forget that this idiot is actually a self serving ambassador of the domaining industry, co-owning and operating the TRAFFIC conferences.
His actions in this case all that is wrong with the domaining industry including the bunch of sycophants that form a tight nit cabal right around his ass(.com) hole.
@razorblade
Geotargetted search is an intigral part of the Internet. What is the difference between Minneapolis Real Estate, Minneapolis Plastic Surgery, Minneapolis Homes, Minneapolis Restaurants or Minneapolis Vets ?
A domain investor does not need to lick anyone’s asshole (my MyAsshole.com) to be very concern about the implications of this claim – regardless of how it iss documented or resolved.
If you do not keep challenging the line being drawn – the government will take away everything.
@ Brianwick
“If you do not keep challenging the line being drawn – the government will take away everything.”
Its not the rights or wrongs of the legal issues at hand that bother me. The law becomes an irrelevant issue when filthy vulgar bully boy tactics are employed by the “shining beacon” of the domaining industry.
I don’t know for a fact, but I’m guessing Rick Currently has a spotless UDRP record which is a big deal for being the Domain Kng.
I’m sure if he just got screwed over many people would say, “oh that’s terrible, he got screwed”, and then they would say what they would have done differently.
If he has the power to not take this sitting down then why should he?
People do messed up stuff all the time at the expense over others. Sometimes the recipient just chooses to take it and say, oh well it’s not that big a deal. I know that guy messed me up but I’ll ge over it.
Others drop tons of time and money to abate problems that are other people’s fault when there was perhaps a less kind but more effective solution available.
Nice guys finish last. When it comes to business it’s no good to finish last.
Good for him.
Of course to every action there is an equal and opposite reaction so there will be some consequence to him for this, but I’m guessing he has already accounted for an accepted that (I hope)
My dad always says, if people can’t take a joke, F’em
@razorblade
“The law becomes an irrelevant issue when filthy vulgar bully boy tactics are employed”
I dissagree –
Even though the business has been around since 1978 – how many people keing in “Minneapolis Plastic Surgery” are expecting to get the business – maybe 50% – at best?
But what about the other 50% —- “exploitation” of secondary meaning is worse (actually devistating) to the consumer vs. whatever 1st Amendment “exploitation” is on Ass.com.
In all this I may have found a future use for MyAsshole.com
You just have to love some of the comments on this post. Personally, I would be furious if I offered to turn over a domain name and some SOB turned and filed a UDRP, regardless. The thought process behind this action is simply mystifying.
While I certainly don’t have the resources Rick has, if I did, I would be totally inclined to snatch up as many related domains as possible and to put up as much hard core porn as I could find. I can see the headlines now: “Dick not big enough? Want a bigger twat? Need bigger tits? Want fatter dick suckers? Cum to Minneapolis Plastic Surgery for the finest sexual body enhancements available in the Midwest, where the heat is only the beginning of your hot time!”
Yep. That would be hilarious. And we didn’t have to mention farm animals; though, that could be implied.
Danny,
Copied and pasted below from your website – it is no surprise that you think that implying farm animal bestiality would be a hilarious thing to do….|Like I said – cabal of sychophants…..
Hilighting our media networks, which have been developing slowly and which have produced a solid stream of traffic that has gotten the attention of even the Domain King, Rick Schwartz, himself. We are working with Rick and Howard Neu, collectively and individually, on media projects that we expect to result in a potent Internet presence in the coming years. These are long-term projects that, while online today, are the pale of their future selves! We have plans for the coming generations of the Internet.
Bare in mind that Rick has been sectioned in the past.. And looking at his recent comments and actions it wouldn’t surprise me if he was going bonkers again!
Fucking idiot.. may need carting back to the nut house for some more EST. He’ll probably start loosing his domains – section 8 and all that.. woooo nasty!
What the hell brought that response? Keep perspective, Dude. For the record, I’m hardly an obsequious drone, and I have no grandiose plans that exceed my skill set. At least not right at this moment. Additionally, if Rick and Howard had helped you in the way they’ve helped and trusted me, you’d be inclined to show some loyalty, too, buddy. You got a name or are you among the anonymous throng who hide in shadows?
Might be time for me to put up calloutblog.com.
😀
@John Berryhill,
I understand if you are large geo-niche portfolio owner that these cases are probably few and far between and the rewards outweigh the risks, but in your legal experience, have you seen a rise in these cases and what are some of the more successful ways of defending against them?
Legally speaking, if the DN had been registered before April 30th, would that add more weight to the domain holder’s rightful ownership? If not, I would imagine that virtually every Geo-Niche domain out there is at pretty significant exposure to UDRP (including the large portfolios of Marchex, Local.com/Octane360.com and others), to any company that was formed prior to DN registration or purchase of the matching domain, i.e. MinneapolisPlasticSurgery.co?
Playing devils advocate, they did start using the name Minneapolis Plastic Surgery on 01/01/1980, which is a pretty good argument for their (Lanham Act, Section 2(f)) case, especially at the local level.
Danny you’ve raised some valid points in one of your posts but how much wisdom could one fathom if one deals in ‘gray areas’ of domain solicitation to end users, and it’s not the wisest of business models to engage into if one was in Ricks financial shoes.
[..]Might be time for me to put up calloutblog.com.[..]
lol WTF ?
looks like a domain name comp brewing in the mist 🙂
My name is James Barclay.
And while i agree that if you have an existing relationship with someone – it gets tricky – then i can understand if you would save your comments when RS does the right thing………but to out and out support someone who time and again drags the entire domain industry through the mud perhaps its best not to add to the mud by suggesting further colorful language to throw at a company – even when the company is acting like a dick.
While that may be a difficult pill to swallow (no pun intended) it is called being a professional.
Keep in mind, this is the same guy who spent 200 large on flowers.mobi.
Just another lessson learned for Rick and everybody else – CHECK USPTO and the MP before registering a domain (even generics) in any extension.
Some companies are not to be messed with, and this company obviously wants to send a message to everybody, epsecially the self proclaimed king of domaining.
Rick’s update on ASS.com: “For those wondering what happened to the other site….After 60 DAYS of Ball Dropping
This site motivated the parties to respond in the First Hour of Business on Monday.
With all parties communicating, that hopefully allows a proper conclusion.For those wondering what happened to the other site….After 60 DAYS of Ball Dropping
This site motivated the parties to respond in the First Hour of Business on Monday.
With all parties communicating, that hopefully allows a proper conclusion.For those wondering what happened to the other site….After 60 DAYS of Ball Dropping
This site motivated the parties to respond in the First Hour of Business on Monday.
With all parties communicating, that hopefully allows a proper conclusion.”
well as i have been stating for years a trademark is useless and could actually be harmfull
to your business. and here it is in black and white..minneapolis plastic surgery and their legal team have a problem that no amount of legal work and money can correct.
with the disclaimer on the website nothing can be done. as i stated before taubmansucks.com as an example.
this type of negative branding can bring down a firm as prospective users click online and up comes this negative branding. and porno is considered offensive.
and this legal team is now on the run and this lawyer has a real problem charging 300 an hour and can do nothing for his clients.this is what happens when you have a smart domainer who knows how to use domains for offensive and DEFENSIVE PURPOSES.
all domainers should study this trademark case.you are getting a million dollar education here for free.
I know you are, but what am I?!
“have you seen a rise in these cases”
I’m not sure what you mean by “these cases”. Trademark disputes are almost always fact intensive, so it can be hard to generalize.
Something like “Philadelphia” brand cream cheese by Kraft is very well known.
Might be time for me to put up calloutblog.com.
—-
Might be time to mention that your “Media Group” has a glaring RFI vulnerability that a 12 year old could exploit.
You mentioned not exceeding your skill-set. Take your own advice.
Ghost is a cracker. Nice. Remote Url file access is disabled at the server. Good luck.
well I haven’t weighted in here in a while but Mr. T’s comment caught my eye:
“”Some companies are not to be messed with, and this company obviously wants to send a message to everybody, epsecially the self proclaimed king of domaining.”
Well maybe its Rick the domain king that wants to send the message:
Don’t fuck with me.
Now I’m going to admit I don’t have the balls or the wisdom, depending on your point of view, to do what Rick did in this dispute, but I understand what he is trying to do.
He is trying to do what Mr. T says the TM holder is trying to do:
Send a message
and the message is don’t screw with me.
Now we can agree or disagree if this is an effective method, but I think the motivation is clear.
Ghost is a cracker. Nice. Remote Url file access is disabled at the server. Good luck.
—
That a ‘challenge’?
@ MB
This wasn’t fighting back. This was defensive flailing. It’s what every guilty person does when they get caught.
* Rick Schwartz cybersquats a TM domain, then offers to sell it to the trademark holder (which tells us that it probably wasn’t generating much revenue) Whether he knew it was a mark doesn’t matter. There’s no doubt he certainly knew the .com was a fully developed website, and the .co would generate some typo traffic with a high CPC term. For everything Rick Schwartz is (most of it unflattering), he definitely is someone who knows how to recognize and monetize traffic. Newbies think his “investment” in .co had to do with the TLD itself. It was 100% typo interest.
* No surprise, that trademark holder is pissed but instead of paying him off, they react.
* Realizing he’s in for a fight where he will not come out looking good, he does the “NO, NO, I DIDN’T MEAN ANYTHING BY IT! HERE! TAKE THE DOMAIN FOR FREE!” after the fact scumbag dance, but they weren’t playing his game…
* Knowing he was about to be publicly held to account for his actions, he does what every delusional megalomaniac does… Creates grandiose delusions in his mind- in this case, that the users typing in his porn domains are going to give a fuck about his airing a personal cybersquatting grudge.
This is an example of someone who got caught with their hand in the cookie jar, realized they were about to get humiliated via a court case and started lashing out, hoping that no one would notice they themselves were the guilty party that brought it all on themselves.
Anonymous
Why are you posting your comment as Anonymous?
If you have a strong opinion stand up like I do and many people do everyday and put a name with an opinion
Anonymous or not, i think he is bang on the money as to what really went down.
Ok here is a few thoughts:
What if Rick registered 50 ……..plasticsurgery.co domains and this just happened to be one, would that change your opinion?
Do you really want to call someone who registered a generic term that got a TM a couple of months before a cybersquatter when he has never lost a domain before?
Do you know that Rick tried to “sell” the domain to the trademark holder when he clearly says he offered it to them for free?
I think Anonymous is on as Anonymous so he can’t be sued by Rick .
I know you jerk offs like to make shit up because you have no lives but let me set the record straight before you continue spread your predictable LIES and misinformation. The same chorus of misfits and anonymous agenda driven haters. So what’s new?
I never contacted them not tried to sell them the domain. Got that DOUCHEBAGS??!!
Need me to repeat it for the DUMB?
I never contacted them not tried to sell them the domain. Got that??!!
Nor did I know they even existed when I registered the domain along with many other GEO-INDUSTRY names. I tried and GIVE it to them when they filed the udrp. PERIOD! Got that one too?
The UDRP was then put on hold while we transferred the domain. Except nobody was doing what was needed to transfer the domain name. Without warning this attorney refiled the udrp and that was BULLSHIT. So when none of the parties did what was necessary to move the domain over in a TIMELY manner, that put me in a bad position and I FIXED IT because nobody else did or would! Nor did I know where the weak link was/is.
I’ll manage my businesses the way I see fit, I know when it is time to do what I do and get a RESULT. But so many of you have no spine whatsoever. Ballless, nameless wonders and some of the rest of you would be better off staying anonymous because your HATE is showing through as usual.
Its not HATE, I promise you. Its disgust.
Alan Dunn
“Wow – and I though the owners who just got sued by facebook.com shed a bad light on this industry. This is pathetic at best.”
No Alan, it is people like YOU that give this industry a bad name.
Why would I listen to a guy I consider a lowlife? A scab? A Leach?
Why do I consider you a lowlife? Because you hung around the hotel at TRAFFIC last year by the pool, in the lobby, hours on end for days and you LEACHED off the hard work of others while most everyone else paid and came in the front door.
So what does that make you and say about YOUR values? You think THAT sheds a good light on YOU let alone the industry? Why do you think it is okay to do that and think you did nothing wrong?? THAT is why I believe you are a lowlife. That is how YOU conduct business.
And you have the NERVE to say shit about me over and over again for quite a while and I have not answered back until now. Now everyone knows what YOUR VALUES ARE.
Mike: It’s not correct that Rick (directly or via his companies) has “has never lost a domain before” — check WIPO for racingform.com, adtsucks.com and airfrancesucks.com (I’d link, but then this comment would hit moderation). As a complainant, check out the voyuer.com UDRP at NAF.
Yes I did – I met with some friends who happened to be in my hometown just like I have many times for other conferences which happen to take place in South Florida. I imagine if you have friends in town for a conference you would see them also.
You can’t win with you Rick. The problem is not personal with you but “with great power comes great responsibility”. Your tactics here showed the worst of the worst in an industry which is constantly looking to evolve into a more professional image. You even went as far as hand registering the individual doctor names
drgervaissucks.com
drtholensucks.com
and others to bully the other party with the intent and actually did forward them to porn sites (they are down now). While this tactic may work for you do you really want to send the message to other domainers (without the same budget or skill) that this is one surefire way to defeat your opponent? It’s not and will possibly backfire on the kid who has $500 in savings costing him a small lifetime of pain. A lot of other options could have been used here without resulting to porn, sex and vulgarity. I give you lots of credit when credit is due but will also call a spade a spade … along with probably 50+ other people here.
Glad the end result worked out for you but yes, the approach was pathetic imo as it sent the wrong message to people reading how to deal with companies who end up wanting your generic geo domains. You have some great advice to give but this was not an example to follow by.
You have my opinion, I have yours and lets be honest – we will never agree.
Moving on.
P.S. Check out the WHOIS history of RolexForSale.com, too.
I have to agree, this is quite disgusting. I used to read Rick’s newsletter, see his ads on forums, etc but it became more and more like a used car lot – full of sleaze, no morals, and taking things in totally the wrong direction. I am a fellow domainer…no I’m not rich like Rick and I didn’t have the foresight to register names long ago (I was probably only a kid at the time)…but you know what? I have a full-time job that I’m proud of, friends, family and good standing morals. I don’t regret anything. I look upon situations like this as the reason why the domain industry is looked upon with disgust. I mention to people that I buy and sell domains and all they ask is “oh you sit on TMs and resell to companies”? No, I’ve never done that once in my domaining career. I’ve had the opportunity to do that many times but I wouldn’t be able to sleep at night.
I can do a lot of other things I don’t deem credible or morally acceptable to make a ton of cash and feed my shrimp diet in the Caymans but I choose NOT to. Good luck later in life Rick…you’re not going to have m(any) friends left to help you when you may need it.
@MHB
Mike, from reading your blog for years, you seem like a man with integrity. Don’t you think that setting up a porn site like that is a bad move at all seen from an industry perspective?
For me, this issue is not about the TM or not. Rick might very well be correct here. It’s about his very unconventional actions. If some average domainer did it, nobody would care. But this is the self-proclaimed domain king who just did another highly publicized sale.
Is it too important to be on good terms with Rick in this closely-knit industry to not criticize him?
So yea technically he made a scene, but results are what we are after in business right?
Results I see is after he has made many scenes he still manages to make huge sales. The scenes haven’t “yet” really caused a problem for him making sales. So far he is doing ok. Also so far IMHO at least his big sales have done a far greater service to the industry than his scenes have done bad for the industry, so a positive net result. Also IMHO his scenes are providing a service telling the bully’s out there to not mess with us and it’s not just a simple $8 domain.
If would be far worse for us all if he stopped selling domains than if he stopped being so reactionary. Every public 7 figure domain sale makes us all a little bit more valuable and who has done more of those than Rick?
I’d rather be an asswhole with a valuable asset than a nice guy with peanuts and an idea.
“I’d rather be an asswhole with a valuable asset than a nice guy with peanuts and an idea.”
Really….
Call me a little religious but I do believe there is a little proverb that goes something like this…
“A good name is more desirable than great riches; to be esteemed is better than silver or gold.”
Michael
I think I addressed this already.
I wouldn’t have done it, but I understand what he is trying to do.
If the mere filing of a udrp is going to ruin Ricks reputation he must really be pissed about the udrps he lost including on a number of sucks sites
airfrancesucks.com (oops that was a loser cause he was sending it to ppc)
Yep a real genius and pioneer! LOL
I cant wait til DrLaura (sucks) gets ahold of Rick and deballs him on the air lol
@ JP “I don’t know for a fact, but I’m guessing Rick Currently has a spotless UDRP record which is a big deal for being the Domain Kng.”
HUH? DO SOME HOMEWORK DUDE. If losing a udrp was a criminal act rick would qualify for the 3 strikes rule in florida and be someone elses ASS
Total loser
@HB
Holy Crap … “Do you really want to call someone who registered a generic term that got a TM a couple of months before a cybersquatter when he has never lost a domain before?”
You claiming Rick has never lost a domain before? If so, you should do your homework too! Oh, wait, I see, the lawyer in you is shining through…because Rick registered the tm names he lost via the udrp through a corporate entity you can claim Rick has never lost a domain. Nice dance.
UPDATE
For the record this UDRP has been withdrawn by the complainant as of yesterday according to UDRPsearch.com
minneapolisplasticsurgery.co
– – WITHDRAWN