Domain owner that offered to sell domain name to respondent let it expire.
A UDRP panel has refused to transfer the domain name iSound.com back to a previous owner who let the domain name expire.
Jeremy Same filed the case against Richard Weston / dreamGEAR, LLC for the domain name iSound.com.
Same’s company owned the domain name, and previously offered to sell it to the respondent, which has a number of trademarks for i.sound and claims to have sold over $50 million worth of products under the brand name. The respondent had an interest in the domain given its brand and that it uses iSound.net. But apparently the complainant had suggested it wanted seven figures for the domain.
Then the complainant in this case let the domain expire by accident. Someone snapped it up for $8,000 and sold it to the respondent.
Oops.
I bet the respondent was pleased to get the domain for less than the complainant originally offered. It’s like payback for being greedy the first time.
Lennard says
wow that is a great name, really really stupid to let that one expire.
George Kirikos says
It never ceases to amaze me that folks won’t spend the $100 to renew their domain name for 10 years, when it’s so important to them….
John Berryhill says
Fact check needed
Andrew Allemann says
fixed. thanks.
Louise says
Frank Schilling’s name is attached to it. I call on Frank Schilling to volunteer DomainNameSales’ relationship with registrars, as it didn’t take long for the expired dot com to wind up in the hands of the new owner: April 30th, after a March 6th creation date.
The respondent said DomainNameSales is the entity who offered the complainant, Jeremy Same of AussieCommerce, the domain at $50,000.
If DomainNameSales/Frank Schilling offered Aussie the domain at $50,000, why did it settle so low to sell it for $8,000, as reported in DNJournal?
It sounds more like a lease, yet DreamGear.net’s name is on the Whosis! Like a temporary redirect, iSound.net is still branding on iSound.net, with the .net in the url bar. Like a temporary thing, iSound.com is listed for sale on BuyDomains.
My opinion is: holding back a notice of expiration is tantamount to stealing! Is Frank aware that Registrars may hold back the renewal reminder notice on domains where he has an interest?
Plus, the company is in Australia, an easy target.
God, please don’t let me be hit with DDOS for saying my opinion. Someone’s got to.
Andrew Allemann says
I don’t understand what you’re saying.
The $8,000 sale was the expired domain auction at NameJet. So that’s now how much DreamGear (which is iSound) paid for it.
Louise says
Frank Schilling’s name is attached to this complaint, via the respondant’s observations
-bold mine. Therefore, Frank via DomainNameSales had control of iSound.com to offer it to the complainant for $50,000.
It’s the respondant’s observation, not Jeremy Same, not mine. It’s right there in the wipo!
Do you mean Snapnames? The link you gave is an article about Snapnames auctions, not Namejet.
Louise says
Respondent bought the domain name from W7 Media, not at auction. Ron Jackson mentioned the $8,000 sale in his May 8th, 2013 newsletter, saying Moniker is the seller, so W7 and the DreamGear must have used Moniker as the escrow, and allowed Moniker to take the credit.
Andrew Allemann says
Maybe moniker was actually snapnames. Same company.
Louise says
If W7 Media / DomainNameSales offered to sell it to the Complainant and to the respondent, then may we agree it wasn’t an auction of a deleted domain?
It’s distressing to me Frank Schilling / DomainNameSales doesn’t appear to be a straight shooter.
You’re a straight shooter; Mike Berkens, Stephen Douglas, Rick Schwartz, Morgan Linton, Elliot Silver, and Paul Goldstone, etc.
Andrew Allemann says
Louise, there were two sales here. First was an expired domain at SnapNames. Then the person who bought it at SnapNames sold it to the respondent. There’s nothing funny going on.
Louise says
Why did DomainNameSales.com offer to sell iSound.com to Complainant for $50,000
and
Why is it still listed for sale?
Louise says
Okay, after researching for hours, I have it figured out.
When Jeremy Same filed the udpr, the registrar was Hangzhou isound Limited. The Registrant field was blank, and iSound.com pointed to DomainNameSales parked pages, with the this domain is for sale link at the top.
Those are the facts outlined by the complainant.
Within days after receiving the complaint, Hangzhou had the page point away from internettraffic to iSound.net! The whosis info is updated to reflect ownership by DreamGear.
The RESPONSE reflects the updated info., with legitimate use of the isound trademark.
The UDPR might have gone the Complainant’s way, if Hangzhou had left the site status quo pointing to competitor’s links, and showiing no legitimate interest.
Louise says
Respondent has previously linked the Domain Name to a website offering sponsored links to websites in competition with Complainant’s services. Respondent has therefore used the Domain Name in bad faith in order to misleadingly divert consumers to its own website for commercial gain.
Respondent has also acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name to the Complainant.
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Thought I would share the screenshot from early november which is why the complainant stated the above:
iSound.com November 1st, 2013