A Tennessee State Chancery Court issued a temporary injunction freezing almost 2,200 domain names.
Many of the domains subject to the court order yesterday are not owned by any party to the lawsuit.
In fact at five of the domain’s on the list belong to my company, Worldwide Media, Inc.,
Other domains on the frozen list belong to other well known domainers including Telepathy, Inc., BuyDomains, RareNames, Inc., Mike Mann’s Domain Asset Holdings, Jon Schultz of Blue String Ventures, Inc, HugeDomains.com, and Legacy Fund LLC. and well as other domainers from all around the world.
The domain names we own that are on the list ClubPromoters.com and Cookoff.tv.
Some of the other domain not owned by any party to the suit that are included in the order, include LA.tv, Spas.tv, , and Gyms.tv.
You may have a domain(s) that are on the list.
There are unregistered domains on the list as well.
The case seems to be a dispute amongst shareholder or interest holders in company called BrandLab. LLC and Joel Williams.
The plaintiffs in the case are Kimberly Dano, Roy Dano, Peter Azuolas, and BrandLab, LLC., the defendant is Joel Williams who operates under the company BrandLab as well as “In Stealth Mode”.
It appears all of the domain at one time were own by BrandLab and/or Joel Williams however many of which were sold, or dropped only to be re-registered.
In issuing the Temporary Retaining Order the court ordered that:
“The parties are restrained from the transfer, sale, encumbrance or disposition of the assets of BrandLab,LLC except in the regular course of business, pending the temporary injunction hearing.”
The order went out to the following registrars:
Name.com
DynaDot
GoDaddy
Enom
Domainsite.com
Which were identified by the Plaintiff’s to the court as being “known domain registrars and usernames associated with Brandlab-owned domain names controlled by Williams”
In any event it seems to be a mess.
We assume that the court will examine the complete list in more detail and issue an order removing the domains no longer owned by BrandLab or controlled by Williams but we have already reached out to the attorney of record for the plaintiff’s and will keep you updated.
Here is a complete list of the domain names subject to the court order:
advocate.tv
adwiki.com
affiliateconnect.com
afterdarkmag.com
afterdarkmagazine.com
afterglo.com
afterglowclub.com
agencyseek.com
airforcedeltastorm.com
alexandradano.com
alexdano.com
allgavesomesomegaveall.com
amandamarcum.com
americanbusiness.tv
americaseek.com
amsterdamafterhours.com
amyvien.com
ancientastronauts.info
animalpsychic.com
animationindustry.com
anime.mobi
anime.tv
animebrowser.com
animebuffet.com
animecaster.com
animechannel.com
animeconnect.com
animeevents.com
animegifts.com
animemobile.com
animepulse.com
animerss.com
animerush.com
animesearch.com
animeseek.com
animewire.com
anitaheart.com
annapolisnightlife.com
anotherlover.com
anthonywong.com
antoinefuqua.com
anyway.mobi
anywhere.mobi
archivedrive.com
archivestv.com
area51.mobi
areyouaplayer.com
areyoudreaming.com
arg.me
armormail.com
arthq.com
artistauctions.com
artistportal.com
artoffashion.com
artofmanagement.com
artofperformance.com
artoftech.com
artwiki.com
ashtonmaryland.com
ashtonmd.com
asiancoffees.com
asiangamer.com
askvc.com
asshole.tv
associasian.com
astrologer.tv
asylum.tv
atlanticcitybeat.com
atmhq.com
auctionbilling.com
auctionchannel.com
auctionchannel.tv
auctiondemographics.com
auctionfilter.com
auctionmeme.com
auctionmix.com
auctionseeker.com
auctionsondemand.com
auctionspotter.com
audiencepulse.com
auditioncam.com
aussies.tv
avatarmail.com
avatarmmo.com
babyseeker.com
babysitters.tv
backorder.tv
badtechnology.com
bagelcutter.com
balharbour.tv
baltimorebeat.com
baltimorecasinos.com
baltimoredjs.info
baltimoredowntown.com
baltimoregazette.com
baltimoremonthly.com
bandseeker.com
bannermanager.com
banquetspaces.com
bard.tv
barseek.com
barter.mobi
bathwear.com
batmobile.com
battlemode.com
battleplex.com
bcc.me
bdsm.tv
beachhouses.tv
beatbox.mobi
beatboxer.com
beautypageants.tv
beg.mobi
begtv.com
beinvisible.com
bellevuecam.com
beltsvillerealestate.com
berglindicey.com
berglindolafsdottir.com
bermudaproperties.com
bermudatriangle.tv
bettertomorrow.com
betweenhearts.com
bibleminder.com
bibleminders.com
biggesy.com
bikedating.com
billboardbusiness.com
billiardlounge.com
billshatner.com
billydee.com
biodroid.com
biologyforums.com
bioondemand.com
bioprotect.com
bitchiest.com
bitchseat.com
biz-next.com
bizbrowser.com
bizcast.com
bizcations.com
bizcontent.com
bizcoupons.com
bizdev.tv
bizfeed.com
bizgazette.com
bizgossip.com
bizlunch.com
bizmix.com
biznewsletter.com
biznewsnetwork.com
biznext.com
biznext.net
bizreminder.com
bjmatson.com
bnn.me
boardhq.com
boardwalk.mobi
bobbleheads.mobi
bocanightlife.com
bocce.tv
bocceball.tv
body.tv
bootcamp.mobi
borgata.tv
bostontv.tv
boxingondemand.com
brag.tv
brandbuilder.info
brandlab.com
brandlab.me
brandlab.mobi
brandlab.tv
brandlabglobal.com
brandlabinc.com
brandlabtv.com
brandlaunch.com
brb.me
bridals.tv
bridalstore.tv
bridegroom.tv
browserpulse.com
bubblegumcrash.com
bullrider.tv
bullriders.tv
businessbillboards.com
businessbroker.tv
businessbrokering.com
businessbucks.com
businessexpos.com
businessfoundry.com
businessholdings.com
businessmailer.com
businessondemand.com
businessparking.com
businessperks.com
businessportal.com
businessreminder.com
businessunleashed.com
businessvc.com
businessvmail.com
businext.com
businext.net
buysparklingwine.com
buysparklingwines.com
cagematch.com
cagematches.com
cajun.mobi
calendarmail.com
calendarmall.com
callstation.com
cameramail.com
campaigning.tv
campus.mobi
cancuntv.com
carbonstorage.com
cargosearch.com
carportal.com
cars.io
cartoonsondemand.com
casinobeer.com
casinoguide.tv
casinomarketer.com
casinopartybus.com
casinos.sh
casinostaffing.com
casinostocks.com
cavesearch.com
cdncast.com
cebucity.tv
celebassistant.com
celebattorney.com
celebautos.com
celebjet.com
celebjets.com
celebmag.com
celebmix.com
celebpolls.com
celebportal.com
celebridad.tv
celebrityadvertising.com
celebrityassistant.com
celebrityautomobiles.com
celebrityautos.com
celebritybid.com
celebritybuffet.com
celebritychannel.com
celebritychef.info
celebritychips.com
celebritychristmas.com
celebrityevent.com
celebrityevents.com
celebrityexpo.com
celebritygreen.com
celebrityheadlines.com
celebrityincubator.com
celebrityindustry.com
celebrityinternet.com
celebrityiq.com
celebritylawyer.com
celebritymma.com
celebritymonthly.com
celebritynewsnetwork.com
celebritynightlife.com
celebrityondemand.com
celebritypilates.com
celebrityportal.com
celebritypulse.com
celebrityradio.com
celebritysanta.com
celebritysurgeon.com
celebritytech.com
celebritytechnology.com
celebritytraining.com
celebrityupdate.com
celebrityvc.com
celebrityventurecapital.ct
celebrityvoiceover.com
celebritywebsite.com
celebritywebsites.com
celebrityworks.com
celebs.tv
celebweek.com
centercityhomes.info
centercityrealestate.info
centralnewyork.tv
centralrichmond.com
centreville.tv
ceoportal.com
cgol.com
champagnetv.com
charitydomainauction.com
charlestonhomes.tv
chatheadquarters.com
chathq.com
cheermail.com
chefseek.com
chesspawn.com
chicago-nightclubs.com
chicagogazette.com
chicagoloop.tv
chicagonavypier.info
chicagoohare.com
chicagoreviews.com
chicagouptown.com
childhood.tv
chowdown.tv
christiehefner.com
christmas-cam.com
christmascam.com
christmasmag.com
cigar.tv
cigarseek.com
citiesmag.com
citiesmagazine.com
citiesondemand.com
city20.com
citygroove.com
cityhopping.com
cityondemand.com
cityspotting.com
clams.tv
classified.tv
classof05.com
classof06.com
classof07.com
classof08.com
classof09.com
classof14.com
classof17.com
cleantech.tv
clickpulse.com
clicks.tv
climatecontrolled.com
clitsearch.com
cloak.mobi
clubguestlist.com
clubnrg.com
clubopulent.com
clubpromoters.com
clubscene.mobi
clubseek.com
clubtees.com
cmsbrowser.com
cmsgenie.com
coatdrive.com
collectivebeat.com
collectivemarket.com
collectorevents.com
comedyclubtv.com
comedyondemand.com
comedyondemand.tv
comicbook.mobi
comicbookhistory.com
comicbookindustry.com
comicbooknews.com
comicbooktrivia.com
comicbrowser.com
comiccollectors.com
comiccon.tv
comicevents.com
comicexpo.com
comicfinder.com
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comicnews.com
comicnewsnetwork.com
comicpulse.com
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comicshopper.com
comicsindustry.com
comicsondemand.com
comicspulse.com
commentads.com
commentadvertising.com
commentmail.com
commercegenerator.com
commercepulse.com
commission.tv
commissiontrack.com
communityjournalism.info
companyincubator.com
companynews.com
companyoffers.com
comparison.tv
computerstore.tv
conceptroom.com
concertbooker.com
concertondemand.com
concertseeker.com
concertsondemand.com
confession.me
confession.mobi
consolebiz.com
consolebrowser.com
consolebusiness.com
consolebuzz.com
consoleindustry.com
consolemart.com
conspiracytheory.tv
consultantseek.com
contentdirect.com
contenteditor.com
contentgenie.com
contentiq.com
contentserver.com
contextiq.com
contextscan.com
convergetv.com
convertibles.tv
cookingtv.tv
cookoff.tv
cooperatives.tv
countryhomes.tv
countrysinger.tv
coupes.tv
coverseek.com
cowchow.com
crave.tv
crawl.tv
creamfactory.com
creampiefetish.com
creatives.tv
creatorowned.com
creatures.tv
creditcardkeeper.com
creditcardreminder.com
creditcardreminders.com
cretv.com
critic.mobi
crystalcityrealestate.com
csomag.com
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cupidchat.com
curious.com
customheadwear.com
customnavbar.com
customtransportation.com
customwiki.com
customwikis.com
cuteshopper.com
cvapp.com
cvs.me
cyberadio.com
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cyberia.tv
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dailybellevue.com
dailybranson.com
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dailyfilter.com
dailyphilly.com
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dailyticker.com
dailyvegas.com
dancechannel.com
dancelights.com
darecam.com
daredevil.tv
daredevils.tv
datingbusiness.com
dc-nightlife.com
dcbeat.com
dcclubs.com
dcdaily.com
dcdowntown.com
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dcgear.com
dcmail.com
dcnightlife.com
dcseek.com
dcvacation.com
ddrpad.com
dealer.mobi
dealerseeker.com
dealvibe.com
debatemail.com
debtaway.com
decay.tv
defensenewsnetwork.com
delivery.mobi
dentistseek.com
deportesondemand.com
derwoodrealestate.com
designerchat.com
designerseek.com
designertechnology.com
desktopware.com
dessert.mobi
dessertdelivery.com
detroitafterdark.com
detroitdaily.com
detroitnightclubs.com
deveiner.com
devicemaker.com
devilforaday.com
dew.mobi
dexed.com
dexed.net
dfig.com
dfwchannel.com
diamondstore.tv
diary.ws
diaryhq.com
dibs.tv
dietjerky.info
dietseek.com
digitalwatermark.com
diningguide.tv
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dinnersocial.com
diplomat.tv
directorcam.com
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diymag.com
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djagency.com
djbbq.com
djchampionship.com
djcollege.com
djemail.com
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djon.com
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djsearch.com
djtournament.com
dnep.info
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dnestateplanning.com
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dntaskforce.com
dntaskforce.info
dntf.info
dntf.org
doctordrew.com
documentrecognition.com
dogsalon.com
doityourselfsmo.com
dollardiner.com
domain-ads.com
domain-ecosystem.com
domain-incubator.com
domain-news.com
domainacquisition.com
domainair.com
domainarchive.com
domainbilling.com
domainbillionaire.com
domainboard.com
domainboard.net
domainbored.com
domainbrowser.com
domainchess.com
domaincollect.com
domaincommerce.com
domaincommerce.org
domainconnect.com
domaindrop.com
domaineco.com
domainecosystem.biz
domainecosystem.com
domainecosystem.us
domainerlabs.com
domainers.tv
domainertaskforce.com
domainertaskforce.info
domainertaskforce.net
domainertaskforce.org
domainery.com
domainestateplanner.com
domainestateplanner.info
domainestateplanners.com
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domainestateplanning.info
domainfetish.com
domainfranchising.com
domaingear.com
domaingolf.com
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domainhive.com
domainincubator.com
domainingtaskforce.com
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domainjewelry.com
domainjury.com
domainlaunchpad.com
domainleadgen.com
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domainlicensing.com
domainmailer.com
domainmash.com
domainmastery.com
domainmoguls.com
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domainnametaskforce.com
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domainnewsnetwork.com
domainnexus.com
domainnightclub.com
domainosphere.com
domainpartnership.com
domainpawn.com
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domainrecycler.com
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domains.sh
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domainshowcase.tv
domainsightings.com
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domainstrong.com
domainsurveys.com
domainsync.com
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domaintaskforce.info
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domaintech.com
domaintheory.com
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domainwatchdog.com
dominicsena.com
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downtownsanfran.com
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wrestlingondemand.com
wsn.me
wunderkind.tv
xbrowser.com
yachtseller.com
yinyangtv.com
youaredreaming.com
Wtf? Did I read this right? Can the court of the attorney that caused this be held liable for damages to folks whose domains were seized that should not have been? If they seized domains domains that had even been touched by this guy then at least 1 end user has to have one of his old names and just had their business shut down. This is some Gestapo stuff here. Basically seizing every domain that isn’t blonde haired and blue eyed without further thought. Maybe I’m being a bit reactionary but this is an obvious show of too much power.
Jp
The domain names have NOT been seized.
The domain names have been frozen by the court, under a TRO.
I agree that the plaintiff’s should have ran the list to make sure Joel owned the domains before asking for the TRO but who knows what there claim is, I couldn’t pull the auction complaint out of the state court system, so maybe they are going to say he didn’t have the authority to sell the domains, however there are clearly domains on the list owned by other domainers that just dropped along the way and got re-registered.
I’m working on it
Makes me glad I work by myself, good luck to those involved in this clusterf*ck
I have three domains on the list.
All of them shows – “On Hold – Domain Dispute”
There needs to be an easy way to remove these domains from the list.
Brad
If your domains are with any of the registrars that I mentioned in the post you should expect to see that on your record.
However if the domain is now with another registrar you won’t have that problem
Also, all (3) domains I own were purchased via expired auctions, not directly. So these were allowed to expire.
I don’t see much recourse for that. Renewals are the responsibility of the registrant.
Brad
I just scanned the entire list, and there are 300+ domains that are not even registered. There are also another 27 that are in redemption period of pending delete.
Someone really should have given the judge a more accurate list. This is absurd.
Brad
“Can the court of the attorney that caused this be held liable for damages to folks whose domains were seized that should not have been.”
I don’t think the judge is at fault here. The judge was acting on a list that was provided to them.
The plaintiffs are at fault for providing a list that was not accurate.
The plaintiffs can potentially be held liable for their actions.
They could face court sanctions or civil penalties if it is found that they brought a claim that is without merit, or did not do due diligence in bringing the claim.
There is a certain threshold that has to be crossed to justify bringing a claim like this.
The plaintiffs have involved some rather larger companies. It would be in their best interest to resolve this ASAP.
If this is not resolved very soon, you might see one of these companies take legal action against the plaintiffs.
Brad
@Mike
“The domain names have NOT been seized.
The domain names have been frozen by the court, under a TRO.”
If I got this right, the domains may not be permanently seized, but temporarily.
Still there could be damages. Fortunately less likely. What if you had ClubPromoters.com in escrow for sale?
Do not use the word Seized it has a completely different meaning
The are frozen
They are still in the name of the owner before the court order was issued.
JP
There could be damages, if you can show damage
Well yes but is there someone to even go after to make pay for the damages or is this a case where domain holder just has to suck it up and deal with it even if it was damaging.
You can’t sue a judge
“Still there could be damages. Fortunately less likely. What if you had ClubPromoters.com in escrow for sale?”
Exactly.
There could be major ramifications because of the actions brought by the plaintiffs.
When the plaintiffs took this action, they assumed the responsibility of negative consequences because of this action, and the undue burden that might have been put on the legitimate owners of these domain names.
Brad
Brad
I would agree with that, of course again you would have to show damages
I also have three domains on the list. These were all purchased after expiration at least a year ago via GoDaddy expired auctions.
How lazy do you have to be to not even check on the assets that you are freezing? Seriously, I’m showing that 400 or so aren’t even registered… This is true incompetence.
Interesting case. Many .me names. Many of them were landrushed, but then dropped and picked via GoDaddy Auctions two years ago. Technically they didn’t drop, GoDaddy moved them to the winners’ accounts during the deletion period and the registration date was kept to the landrush.
If anyone tries to take Reincarnation.tv away from me, they will come back as a hamster!
One of my hand-regged .TVs is on the list. I have nothing to do with the suit or know any of the parties involved.
“I would agree with that, of course again you would have to show damages.”
I think it would be pretty easy to show actual damages.
Here are just a few examples –
1.) If a deal that is in process is blocked by this auction. You lost actual money.
2.) If you receive an offer on a domain, you are not able to negotiate. You lost a potential sale.
3.) If a domain involved in a completed sale is locked for the new owner, you could face legal action vs you. This could cause financial damage as well as brand damage.
4.) Some registars assess a fee when a domain in your account is disputed.
5.) Just being on this list to start with could tarnish the value.
Of course those are just actual damages. When a party brings a legal action without merit, it opens up the punitive damage aspect as well.
The fact 300-400 domains are not even registered shows how little due diligence was done by the plaintiffs or their lawyer.
Brad
I have about a dozen names in the list. A few I have sold already?
I have a few domains on this list, noticed them late last night and got hold of a copy of the court order from the registrar. They were dropcatches taken in the last 3 months or so. One of them is a particularly valuable one imo and this lil camper is not happy.
It appears that this unprecedented action affects several hundred different domainers/endusers.
As earlier posters mention on a quick scan we’ve seen around 450 of these domains are avail to register – including bizarrely the name of the plaintiff’s LLC entity .com ! They must really want those ones so badly huh.
Way to go Twentieth Division Tennessee district court, yeehaw lets not bother to see actually whats going on with this property we’ll just slap an injunction on and ask questions later. Im guessing all these domains will be locked up until at least next week and probably a while later. Its already caused me damages running into the hundreds of $ because the names are frozen and I can’t run my usual processes. Cheers.
It’s now 12:30 and I haven’t received a return call from the attorney.
Just tried again and she hasn’t been in the office today yet
I called her as an attorney a domain holder with domains on the list and as a blogger.
Thanks for shining the spotlight on this Mike and making some calls etc – I dont doubt there is a rather sorry backstory to this and I for one can’t freakin wait to find what that is 🙂
i have now seen the TRO, it mentions “the parties” are prohibited from selling, etc except in the normal course of business. and then lists “domains controlled by XXXX XXXXXX and then accounts.
the registrars have applied the order to all the domain names even if not “controlled by xxxx xxxxxxx”, the title of the list.
so i am having a TRO that applies to other parties, applied to me, and applies to a list submitted thats incorrect. so does that mean i can get a TRO and just make up list of names and the registrars take it and lock them up. kinda ticked off here that the registrar doesnt limit to the specific accounts in the TRO but interpreted it to mean the names.
some of the name ive owned since 2011
good luck all
I’ve 2 names on the list and received an email from Dynadot saying “We have disabled the domains.”
I will never understand how things work in US…
Thanks for updates on this.
It seems a funny storry to me, the list has over 400 available names, even their firm name at .com is available and they do not give $8 to register it?
Also are Verisign and ICANN aware of this case? Have registrars the right to froze names without UDRP? Is a Tennessee TOR enough to froze names from companies eg located in EU and under what context?
Too many questions for a single case and still reading the TOR as can not understand what Complainant claims!
Dynadot is one of the registrars I mentioned in the post, they got a copy of the court order
This whole thing is crazy. I asked Howard Neu what he thought:
My suggestion at this point is to do nothing while hopefully the Tennessee Court
sorts out the domains no longer owned by the Defendant. If nothing is done within
the next 10 days, then you might need to file a motion with the court to release the
names that you and your group owns as the Defendant no longer owns them.
Howard Neu
UPDATE
I had a chat with the attorney for the plaintiff she will not go on the record on the blog.
I would suggest that if you own a domain on the list and its at one of the registrars mentioned in my post, you be proactive and contact the attorney for the plaintiff.
If your domain is under privacy I suggest you remove it and put your own information in the whois before calling.
Right now i am searching eshops for a good domain defroster. Seems not in production, any inventors please help
“If your domain is under privacy I suggest you remove it and put your own information in the whois before calling.”
At least at dynadot can not be done, domains are totally frozen. Contacts, NS etc, nothing can be changed
Every one take a deep breath and then repeat to yourselves “my domains have been frozen but I’ll be ok.” Do this as many times as necessary all while remaining in a seated and relaxed position. Think of past pleasant experience or trip you may have taken that brought you happiness.
well then you may have to produce other evidence of ownership
For the domains without privacy, why a phone call is needed? The plaintiff’s attorney does not know how to make a WHOIS?
Manos
If it was my name tied up I would be proactive, that’s all I’m saying
Michael
Really appreciate suggestion, just wondering why they do not make a bulk check on list for names have defendant’s WHOIS and claim these only. The other obviously bought legally either at aftermarkets or registered after drop.
Especially for names that dropped i do not think they can win in this life.
Also even if call attorney she will call after every ownership verification the respective registrar to activate names?
Seems like a parody to me
Manos
Well forget tomorrow, she indicated she would not be in the office on Good Friday.
For anyone who has domains locked, the name of the lawyer is Jennifer A. Lawson.
Contact information can be found @ lawsonlawoffice.com
Brad
I have a few domains on this list. However I have not been contacted by the complainant, the complainants lawyers, by the courts, or or through my registrar. I wonder… What liability does that give me?
At the end of the day this whole thing is absurd. I might consider contacting them to tell them how stupid this is. I have a feeling this won’t go anywhere with how outlandish the entire situation is.
WTF???
Well this couldn’t suck anymore than it does right now.
I see about 5 of my names on that list right now, although I did just race thru the list pretty fast.
Hopefully when I go back a second and third time I wont find anymore of mine.
One I value incredibly highly.
I do feel terrible for all of the domain owners, (Joel specifically).
Thats a helluva lot of money right there in that list.
I hope they sort this whole mess out asap.
Thanks Mike for the article and please stay on top of this. This is unprecedented and your voice is pretty damn powerful. Please use your voice and influence to right this whole damn mess.
and thanks Brad, for that web address.
I’ll be visiting that site and contacting Jennifer Lawson regarding my personal assets.
Good Luck to everyone involved here.
Vito
Mike, I haven’t gone through all of the comments, but you are misreading the order. It is binding on “the parties” and contingent on the plaintiff posting a bond. I’d be looking to get that bond money if the plaintiff does post it, because the plaintiff’s attorney is obviously out of his or her element.
Can somebody please explain what “except in the regular course of business” means..
I have three domains in this of which two i had bought in Auction at Sedo for 4 figures from some third party in other countries. Another one was drop catched two years back.
This is real BS. How can the court give injunction without even looking whether the assets in dispute really belong to the plaintiff as well as whether the plaintiff has himself sold and especially dropped them due to non renewal .
This is another method of reverse hijacking.
I am from India and it would be cumbersoime as well as really expensive to go in for legal remedies in US.
Maybe i can file a suit on Godaddy , Sedo as well as Plaintiff in India so that they can understand what harassment it is.
As far as i understand Godaddy is also registered in India and they will have to follow court orders here also.
Again my suggestion for any of you that have a domain locked up by this court order is you either
hire an attorney to contact the plaintiff’s attorney to get your name released or send an email to the address posted above and tell her in writing the domain you own copy here with the whois record, a transaction showing the purchase or registration of the domain and a remand to remove it from the court order and notify the registrars that the domain should be released from the lock
John
The bond was only $1,000
No big pay pot of money sitting there
Vito
Don’t feel too bad for Joel too quick he maybe the one responsible for causing this whole mess
I received a response from Ms. Lawson. The TRO is supposed to apply to parties to the lawsuit, not third parties. She said they will be working closely with registrars to resolve this as quickly as possible.
I would suggest any third party who has domains involved contact Ms. Lawson to help resolve this.
Brad
Joel Williams, domainer of the year nominee 2010!
I’m guessing that in 2013 won’t see the same.
Here goes the TNO:
http://dot-me.of-cour.se/files/2013/03/2013-03-22-Tennessee-State-Chancery-Court-TRO-Domains.pdf
The enclosed filed clearly states:
Therefore all domain names blocked but not belonging to these accounts should be released immediately. Looks like registrars didn’t read it carefully.
The actual injunction reads all of the attached domains are subject to the order, the end of the list they say how they identified the domains but the order did not restrict itself to only domains in those accounts
Here is the much appreciated response I received from the attorney, Ms. Lawson:
Mark, thank you for your email. We are working with the registrars to resolve the issue as quickly as possible. The court issued a temporary restraining order affecting the parties to the lawsuit only. While we appreciate the registrars’ quick action, it appears that third parties are being affected. That was not our intent (and not part of the court order).
If I understand correctly, based on the Mr. Hershiser’s comment, this affects the parties only, then, and not the domains. After all, how would a state court have the right to issue any kind of ruling on something that is clearly interstate and international commerce? Much like the Kentucky situation a few years ago, I have always wondered how any state can govern the actual domain or a website, except to block it from resolving within the state in question, where the website on the domain might violate some state law.
Certainly the sale or transfer of a domain name, particularly those that aren’t even registered, can not be placed under the authority of a state-level court. Did I miss a ruling along the way?
“The actual injunction reads all of the attached domains are subject to the order”
No, the order does not say that. The domains are not “subject to” the order. The parties are.
The order says, “The parties are restrained from the transfer, sale, encumbrance or disposition of the assets of BrandLab LLC except in the regular course of business pending the temporary injunction hearing.”
And it further does not indicate the bond has even been posted.
However, the only people who are required to do, or not do, anything in relation to this order are the parties to the litigation – and only with respect to the assets of BrandLab LLC.
I don’t give a rip what the attached list says, there is NO registrar which is required to do a GD thing in relation to this order, and if you are the registrant of a domain name on the list, it is clearly not an asset of BrandLab LLC in the first place.
The registrars who locked domain names in response to receiving this thing acted improperly, and the attorney who supplied the list to the court is a chowderhead.
John
Having said that there are domains that did get locked up by the registrars that are on the list and clearly not owned by BrandLab.
The attorney for the plaintiff seems to know as much about domain names as I do about metaphysics.
Jennifer Lawson needs her bar ticket pulled.
You don’t go running into court on a TRO unless you have your facts straight and your head screwed on correctly.
She has committed a profound lack of diligence.
John
I’m not sure if Ms. Lawson knew how to run a database of domains in the whois.
I think she just took the list here client gave her and ran to court with it, without demanding they check it or without her checking it, which accounts for why over 300 domains on the list our of 2,200 were not even registered.
Dynadot Reply :
We received an updated TRO which clarified this issue. Your domains have been re-enabled. Sorry for the misunderstanding.
Apparently Dynadot.com has received an updated TRO which clarified this issue. Your domains have been re-enabled. Sorry for the misunderstanding.
No Danny, you didn’t miss anything. What you have here is a collision between an incompetent attorney, and registrars who can’t read.
The judge is getting a letter on Monday.
“I think she just took the list here client gave her and ran to court with it, without demanding they check it or without her checking it…”
That’s a violation on her part.
John
I’m not disagreeing with you, just telling you how I see the situation
Well, she’s going to have a whole ‘nother situation on her plate next week.
What you have here is a collision between an incompetent attorney, and registrars who can’t read.
+1 John
I question BrandLab also, shouldn’t they have done a little research first? If I can know in 10 minutes that 455 domains in this list are still available, and they are so concerned about these assets, shouldn’t they have done this and registered all the domains that are available now, before submitting this list to their attorney and the courts?
yes
“Well, she’s going to have a whole ‘nother situation on her plate next week.”
John,
If necessary I am more than happy to chip in…
I just find out that i olso got a .com on hold,through this blog.
GD never send me an e’mail.
I got bought this name through the auctions back in 2011,wow !
some progress, godaddy released the hold on 15 of mine. We need more english majors in the legal dept. maybe this will defer some of the shoot first and ask questions later mentality.
page howe
We received an updated TRO which clarified this issue. Your domains have been re-enabled. Sorry for the misunderstanding.
anyone else Channeling John Belushi of Animal House here…….
I had names frozen at Dynadot.com, Name.com and GoDaddy.com and only Dynadot sent me any notice.
I just checked and the lock on my GoDaddy domains was released.
I do have a major issue with GoDaddy not sending me any communication about this.
I think a domain dispute should probably rise to the level of the registrar needing to contact you.
Brad
My domain names that are on this list are at GoDaddy, Name, and Enom.
Havent received a release email from any of them as of yet.
Ok, I did just check all of my domains at all 3 Registrars and I see that I have total control of all of them.
I have not received any emails from anyone either about any of this. I was just pointed to this article and saw my names on the list and I freaked.
I advise everyyone else to scan the list, and then to check on the status of their domains before getting worked up into a frenzy.
Appears to be a false alarm for me. This was not cool.
Vito
I just received a mail from Godaddy as below
Dear Sidharth Jain,
Thank you for your email. We have recently received an updated list and have removed the registrar-lock from your domain name.
Kind regards,
David Castano
Disputes Administrator
GoDaddy.com, LLC
Before this i had sent a mail to the lawyer as well as to godaddy for my domains. Below is copy of it for any body who wishes to copy it
to: jlawson@lawsonlawoffice.com
cc: domaindisputes@godaddy.com
subject: Our Domain Names onmail.com & modesto.me
Lawson Law Office PLLC.
Kind Attn : Ms. Jennifer A. Lawson
Dear Madam,
This mail is regarding two of my domains onmail.com & modesto.me which were in my account at registrar Godaddy.com but are frozen due to Tennessee State Chancery Court order in the case of Kimberly Dano, Roy Dano, Peter Azuolas, and BrandLab, LLC., v/s Joel Williams etc
I would like to clarify that both the domains are in no way related to your aforesaid parties and i had neither bought or transacted with them in any manner to acquire them.
Attached are the screenshot of the whois of both these domains clearly showing the ownership of mine.
Also in the attached court order on page 1 it is clearly mentioned
“The parties are restrained from the transfer, sale encumbrance or disposition of the assets of BrandLab, LLC except in the regular course of business, pending the temporary injunction hearing.”
Therefore it is clear that only the parties to the case viz Kimberly Dano, Roy Dano, Peter Azuolas, and BrandLab, LLC., and Joel Williams etc are restrained for any further action. But this does not applies to any other persons who are now the owner of domains.
Also in the attached court order on page 55 it is clearly mentioned
“KNOWN DOMAIN REGISTRARS AND USERNAMES ASSOCIATED WITH
BRANDLAB-OWNED DOMAIN NAMES
CONTROLLED BY WILLIAMS
Registrar Username
Name.com – instealthmode
DynaDot – blsafe
DynaDot – slammer
DynaDot – Instealthmode
GoDaddy – gdism
GoDaddy – gdism2
GoDaddy – blogmediadomains
enom – petethered
domainsite.com – instealthmode ”
The domains in question onmail.com & modesto.me are not in any of these accounts so there does not arise any question of these being frozen.
Hope this clarify the facts and you would allow our registrar Godaddy.com to unfreeze my two domains.
Thanks & regards,
Sidharth Jain
Partner
I had attached a copy of order as well as whois of my domains
I was planning to email the Plaintiffs’ Attorney today and wanted to get screenshots from my account and found the name has been unlocked and is now manageable from my account!
Thank goodness there was no need to start firing cannons from this side of the atlantic! LOL!
“maybe this will defer some of the shoot first and ask questions later mentality”
That seems to be the entire purpose of this thread and set of comments?
I rather think that the lack of knowledge with respect to the assets in question may go some way towards explaining the issues with Brandlab and Joel. As a business with shareholders there should have been quality records to rely on.. apparently this is not the case.
I love it when dirty laundry gets hung in public.
For those not too familiar with how things work here in the US and the relative levels of tech knowledge with respect to various regions, please understand that the court and attorneys involved in this matter are from Tennessee. We still have some places in this country like TN and West Virginia where things are quite backward and they’re still trying to figure out this confounded world wide web everyone seems to be using.
I have encountered Lawyers in the UK who have no idea what a domain name is.
I guess the fear of what was coming from domainers in this case, was the beginning of wisdom for the Attorney and her plaintiffs! I am impressed at how quickly they worked/ are working to rectify this embarrasing situation.
@3d
Perhaps you should visit Tennessee.
For those not too familiar with how things work here in the US and the relative levels of knowledge, there are still those who continue to put down regions for no reason and to continue to push forward old stereotypes because they’re still trying to figure out this confounded country they live in and how some place have progressed despite those tired stereotypes.
@unknowndomainer
Most of this comment is completely unrelated to this thread so delete if you must Mike, but:
It’s so true. You can’t blame Tennessee for all US judicial woes, IMO we have much bigger problems. I had the FTC, that’s the whole big US federal government, file what I considered a frivolous lawsuit against one of my companies, as frivolous as this, I sued them back and we kind of settled or broke even, except the $50k I spent in legal fees was probably felt more by me than whatever the US government wasted on it. But good luck with the FTC, they have there own “Administrative Court” with Judges hand picked by them. It’s true, their own court and Judges, this Tennessee thing isn’t even a blip on the crazy, nonsensical, big US judicial radar.
In the end the FTC issued some much better new rules so I considered it a win. Under the new rules nobody will ever have to defend against what I did because they changed the rules. If it was now I wouldn’t be doing anything wrong for doing the same thing that got me in trouble 5 years ago. I got in trouble for customer feedback posted on my Yahoo Store, at the time, 5 years ago, the FTC considered feedback a claim (a testimonial) that I as the merchant was making, even though I can’t modify customer feedback, 5 years ago they hadn’t updated the rules to include the internet? So if somebody bought your product on Ebay and left feedback that said “Thank you, this solved all my problems” you as a merchant were liable for this claim that your product solved all problems as if you made that claim yourself, as if you hired an actor to say it. And as a merchant you have “Commercial Speech”, not “Free Speech”, and there is a big difference.
Now, as a merchant (or blogger), I am not responsible for customer feedback (or comments) unless I pay or give compensation for them. It was worth the $50k to get that updated, I wonder how long it would have taken the FTC to change that on their own? So I agree, Tennessee’s stupid Court action here is not even a blip on the radar of stupid things the US judicial system does…
I might be a traitor but I have been communicating with BrandLab’s attorney Jennifer Lawson, I guess she decided to work on Good Friday, I must say she has been very attentive and responsive to my concerns, I am aware this does not excuse the sloppy way this all unfolded:
I said:
You have created quite the stir in the domain community, I assume you are aware of this? I think this is just the beginning, you have opened up “Pandora’s Box”. Lots of domain blogs including mine are lit up over this unfortunate and really unnecessary unfolding of events.
She replied:
I am aware of it, and I regret the way I’ve come to the attention of the domain community. It was not the plaintiffs’ intention to affect property belonging to third parties unrelated to the dispute; the Temporary Restraining Order related only to the parties to the lawsuit. I hope our prompt response – and the quick action of the registrars to unlock the domain names – will help.
I do appreciate your courtesy in bringing it to our attention and helping
us resolve the situation.
Have a wonderful weekend.
Jennifer
It seems Godaddy has taken a serious view of it as they have replied to me. Also they have release all the domains which were not in the plaintiff etc’s account / username
I wonder what Jennifer Lawson’s billable hours were today lmaoooooo!!!
Hello John Berryhill,
R. E. ” The registrars who locked domain names in response to receiving this thing acted improperly, and the attorney who supplied the list to the court is a chowderhead. ”
Our contention is where are our ICANN lease protections? The only lease protections in ICANNs grand design are self serving to the registrars and themselves leaving The End-User with a slipped Mickey.
When will leaseholders demand more protections from ICANN ? Are we daft here??
Gratefully, Jeff Schneider (Contact) (Group)