So there is a guy trying to extort me for big money to release swcpoker.com. He has offered to sell it to me, then pointed it to a competitor, then offered to sell it to me again. I hate having to run to ICANN, but what else can i do when this guy is threatening the brand? This is what I'm dealing with today: [start from bottom IMO]
From: JOSHUA PELISSERO <
[email protected]>
Date: Sat, 21 Mar 2015
To: bryan micon <
[email protected]>
Subject: Re: swcpoker.com
You fail to understand one thing even IF I lose a wipo or udrp you will lose a case in US court, that simple. It cost me nothing to defend my friend is one of the best domain dispute lawyers anywhere. $1k is far from fair man. Will you come back and explain to a US court you should have the name? I mean think big picture Bryan, you could lose it all over what? Any way bottom line 150 btc or go ahead and file, this will be fun and great exposure for you when I halt the decision if I lost and media starts. Furthermore who the hell is it in higher limits who sit there and rape people. You know what, time for a blog, domain is not for sale.
Sent wirelessly from my BlackBerry device on the Bell network.
Envoyé sans fil par mon terminal mobile BlackBerry sur le réseau de Bell.
From: bryan micon <
[email protected]>
Date: Sat, 21 Mar 2015 12:23:48 -0400
To: <
[email protected]>
Subject: Re: swcpoker.com
It's a shame that you feel the need to demand such a price for the domain. I am fully prepared to pay a small price for your troubles so we can end without a costly fight on both sides involving the legal system. I'll pay a similar price to the cost for me to recover the domain:
https://secure.adrforum.com//ddfiling/default.aspx?Ruleset=UDRP [about $1k]
You have made bad faith use of the domain by offering to sell it to me, then pointing it to a competitor, then offering to sell it to me again. I feel this will help my UDRP case should it get that far, as it easiy satisfies the Bad Faith section [included below]. I doubt you will continue to burn money after I have an ICANN judgement.
from [
https://www.icann.org/resources/pages/policy-2012-02-25-en?routing_type=path ]
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
On 3/21/2015 11:49 AM,
[email protected] wrote:
> You have an option to buy but have not. On a side note Bryan, I am familiar with domain disputes. An ICANN complaint will do nothing. You need to file a WIPO or UDRP, meet 3 criteria to win ( which you don't meet but one ). Then if by some chance you win (doubtful) I simply have the best domain attorney file a motion to stop transfer. This means court action in the USA, time (can take 1+ years) money and imo victory on my end. I am not being anything but straight forward here. Asked for weeks for affiliate, nothing, mentioned other interest, I may affiliate elsewhere etc. I tried Bryan but you haven't done anything. Btw mine was registered years before, this wasn't a next day thing. Any way I'd settle at 175 btc, fair and wise investment for you. I'd even renew it for years and hold it if you'd. Lmk Bryan, unless spending thousands to file and then tens more to come back to USA for court dates etc is a better option. Explain the case to the US courts. I have blown
> around 20 btc already on your site and more to come, 175 is nothing to me. In fact I lost around 10 btc in a short time to heads up higher limits in odd fashion. Not complaining but keep an eye out for those God accounts. Take care
> Sent wirelessly from my BlackBerry device on the Bell network.
> Envoyé sans fil par mon terminal mobile BlackBerry sur le réseau de Bell.
> -----Original Message-----
> From: bryan micon <
[email protected]>
> Date: Sat, 21 Mar 2015 11:11:00
> To: JDP Network Ltd<
[email protected]>
> Subject: Re: swcpoker.com
>
> So now because you point SwCPoker.com to a competitor you leave me no
> choice but to file an ICANN complaint.
>
> wish you had been more agreeable, I'm open to anything reasonable and
> don't like to use tattle-tale services, but you give me no choice here.
>
> -/\/\icon
> On 3/21/2015 9:17 AM, JDP Network Ltd wrote:
>> Just an example as to what it will be doing for you potentially. I
>> signed up for betcoin affiliate Thursday evening, after supper hour.
>> Here after short of two evenings is what they are telling me. Keep in
>> mind the conversion rate if landing on you would be extremely higher!
>> I plan on doing more with it but wanted to run this by you just one
>> last time. If I do not hear back in 48 hrs I will assume you passed
>> and carry on with my other offer and plans.
>>
>>
>> Clicks
>> 112
>>
>>
>> Signups
>> 3