Lambo from NamePros loses Lambo.com in a UDRP (1 Viewing)

Nafti · Aug 26, 2022

theinvestor said:
Also I’m sorry but purchasing a domain and using the argument that you use it as a nickname on a forum is not a great argument to me. Especially since he didn’t have the “nickname” prior to domain ownership. He wasn’t Lambo.com on NP prior to owning the domain.

I agree. ANYONE can use a nickname and say “Well I’m known as Tesla on DN.ca so it’s my name”.

I was also reading a small part of the thread on NP and to be honest, he doesn’t seem professional in my opinion.

Esdiel said:
You would think it transferred already but check out the bold parts below. Sure sounds like the domain hasn't been transferred yet.

Transferred or not, I still don’t understand why the name still resolves when there is an ongoing legal case against it.

Esdiel · Aug 26, 2022

theinvestor said:
using the argument that you use it as a nickname on a forum is not a great argument to me.

I agree. I mean it's something but not much by itself. Was that his sole argument? I didn't dig deep and only know the basics of this case.

theinvestor said:
Especially since he didn’t have the “nickname” prior to domain ownership. He wasn’t Lambo.com on NP prior to owning the domain.

Great point. I guess one could argue that's circumstantial and not conclusive, but it suggests he only chose/used the nickname to promote the domain and sell it.

theinvestor said:
Sad to see someone not able to part with a domain. Sometimes we make a lapse in judgment and can’t seem to back down from it. A shame…because he could have kept the domain under different circumstances.

He certainly seemed hell bent on defending the domain, and is likely even more hell bent now that he lost via UDRP.

I do wish him well, unless he's actually a domain thief. I would need to know more though, because I'm not sure how much i would judge someone for buying a stolen domain if they didn't know it was stolen. Even if they did know it was stolen... it's not great... but it's not nearly as bad as actually stealing the domain.

Esdiel · Aug 26, 2022

Nafti said:
Transferred or not, I still don’t understand why the name still resolves when there is an ongoing legal case against it.

Totally agree.

I'm not very familiar with the UDRP process but there might be a clause in there that says domains won't be transferred or affected for so many days after a decision, in order to give the losing party a chance to continue the dispute in court? Similar to having so many days to file an appeal after losing?

I'm not sure, and/or maybe the UDRP decision itself didn't order that specifically?

theinvestor · Aug 26, 2022

Esdiel said:
Totally agree.

I'm not very familiar with the UDRP process but there might be a clause in there that says domains won't be transferred or affected for so many days after a decision, in order to give the losing party a chance to continue the dispute in court? Similar to having so many days to file an appeal after losing?

I'm not sure, and/or maybe the UDRP decision itself didn't order that specifically?

Yes, I think if there’s a court case the domain does not get transferred. I know that’s how it works for a CDRP.

In regards to the domain and where it resolves. He’s still the owner of the domain and can do what he chooses with it. Unless there’s an injunction decided by the court. He doesn’t have to remove anything.

Esdiel · Aug 26, 2022

theinvestor said:
Yes, I think if there’s a court case the domain does not get transferred. I know that’s how it works for a CDRP.

Wouldn't this mean one would need to file a court case before a decision is made via CDRP (or UDRP)? That didn't seem to happen here, and I thought once the decision was made then the domain would be transferred immediately (or almost).

So I'm thinking there must be some sort of timeframe/deadline to file an action in court after losing your case, and before anything is done with the domain.

theinvestor · Aug 26, 2022

If CIRA were to get a legal letter that the domain under question will be going to court they cannot transfer the domain. I assume it’s the same for a UDRP. A legal letter starts the process so the domain does not get transferred. Not sure how quickly the domain gets transferred after losing a dispute but you would need to get a letter prior to that date.

MapleDots · Aug 26, 2022

Esdiel said:
Which stolen domains did he sell? I looked when you first posted this but couldn't find anything.

I think he meant this...
information - A Quick Due diligence, saved losing $25k+

Esdiel · Aug 26, 2022

This below seems to be the relevant parts of CIRA's CDRP policy.

I included a few different sections, and there might be more, but section 4.5 specifically explains how there is a 30-day period before implementing a CDRP decision, and also speaks to someone filing a court action during that period.

Just looked it up so I thought I'd share.

2.4 Restriction on Registration Transactions. Upon the receipt of notice by CIRA from a Provider of the submission of a Complaint to the Provider, unless otherwise permitted by the Policy, CIRA will not allow the Registration that is the subject of the Complaint to be deleted, or transferred to another person, and the Registration will be so marked in CIRA’s records.

2.5 Permitted Transactions. CIRA may suspend, delete or modify the Registration that is the subject of a Complaint in accordance with the terms of the agreement between the Registrant and CIRA concerning the Registration (the “Registrant Agreement”). After the date on which CIRA receives one of the communications or documents listed below, CIRA will delete the reference to the Proceeding in CIRA’s records and CIRA may allow the Registration to be deleted or transferred to another person:

notice from the Provider that the Proceeding is concluded or terminated;

appropriate written or electronic instructions from the Registrant’s Registrar to transfer the Registration to the Complainant, along with written or electronic instructions from the Registrant to CIRA confirming that they wish to transfer the domain name to the Complainant;

a copy of an agreement executed by both the Registrant and the Complainant settling the Complaint; or

a certified copy of an order, ruling, judgment or decision of a court, tribunal, board, administrative body or commission in Canada or an arbitrator disposing of the Complaint.

CIRA will have the right but not the obligation to take any steps to verify the validity of the communication or document. If CIRA receives and accepts any of the above noted communications, CIRA will notify the Provider upon the execution of the deletion or transfer.

4.5 Implementation of Decision. If a Panel decides in a Proceeding by way of its decision that a Registration is to be deleted or transferred, and CIRA is satisfied that the Complainant satisfies the CPR in respect of the domain name that is subject of the Proceeding, CIRA will implement the decision as soon as practicable but no sooner than thirty (30) days after the date on which CIRA is notified by the Provider that the Complainant, the Registrant, the Registrant’s Registrar have been notified by the Provider of the Panel’s decision. If the Panel decides that the Registration should be transferred, CIRA is not required to effect the transfer until the Complainant enters into a Registrant Agreement with CIRA. However, if during the thirty (30) day period, CIRA receives official documentation (such as a copy of a Notice of Action or Statement of Claim or like document) issued by a Canadian court that the Registrant has commenced a legal proceeding against the Complainant in respect of the domain name that is subject of the Proceeding, CIRA will not implement the Panel’s decision, and will take no further action until CIRA receives (i) evidence satisfactory to CIRA of a resolution between the parties; (ii) evidence satisfactory to CIRA that such proceeding has been dismissed or withdrawn; or (iii) a copy of an Order from such Court dismissing such proceeding or ordering that the Registrant does not have the right to continue using the domain name.

Nafti · Aug 26, 2022

MapleDots said:
I think he meant this...
information - A Quick Due diligence, saved losing $25k+

A quick browse on the first page and you see comments like this from that Lambo guy. Can’t say I’m a fan. Seems to me like a 12 year old immature kid.

Side note: @MapleDots You shared a link from a competing forum. I love that concept.

MapleDots · Aug 26, 2022

Nafti said:
Side note: @MapleDots You shared a link from a competing forum. I love that concept.

It is totally allowed on DN.ca, we have no closed topics when it comes to domaining. We are all in the same business and I talked about this with Rob Monster and he put the same policy into place at DNForum.com. The only hold out is namepros with their heavy handed moderating and as you can see they lost the entire Canadian domaining community because of it.

There are lessons to be learned from that and I am a quick learner

Esdiel · Aug 26, 2022

Nafti said:
A quick browse on the first page and you see comments like this from that Lambo guy. Can’t say I’m a fan. Seems to me like a 12 year old immature kid.

Agreed, I skimmed a few pages and it only gets worse. He insults almost everyone and is super arrogant. He even goes hard after Domain Gang (acroplex) when he wasn't even being rude, he was just relaying information about the domain and shared some NP links about it going back to 2016.

The guy just insults everyone rather than make any sort of real argument.

silentg · Aug 26, 2022

Saw Baby Lambo .com on expired domains list today.

Nafti · Aug 26, 2022

silentg said:
Saw Baby Lambo .com on expired domains list today.

Maybe that Lambo guy will go after that one as well. If he loses the case in court for Lambo.com, his new user name on NP can be “BabyLambo”……. Until Lamborghini comes after him for that name as well.

rlm · Aug 26, 2022

theinvestor said:
Big companies are capable of dragging things out and making things very costly. He will cave. Also I’m sorry but purchasing a domain and using the argument that you use it as a nickname on a forum is not a great argument to me. Especially since he didn’t have the “nickname” prior to domain ownership. He wasn’t Lambo.com on NP prior to owning the domain.

Sad to see someone not able to part with a domain. Sometimes we make a lapse in judgment and can’t seem to back down from it. A shame…because he could have kept the domain under different circumstances.

With his last name being Lambeth, it is entirely reasonable though that he's had the Lambo nickname since childhood, and bought the domain simply for that reason.

I have a friend whois last name is Lamb and he is often called Lambo too.

My last name is Montgomery, and my dad has gone by the name Monty his entire life, even though Monty isn't his real first name. I also have a subset of friends that refer to me as Monty.

Are you saying I wouldn't have legitimate interest to justify buying Monty.ca/com, given the opportunity?

Even the Monty.com owners redirect it to the MontgomerySummit.com domain. So its OK for them to use the domain as a nickname but I'm not?

I don't see the difference. I think he has a legitimate interest in the Lambo.com domain.

rlm · Aug 26, 2022

theinvestor said:
Big companies are capable of dragging things out and making things very costly. He will cave.

Very true and a very distinct possibility.

theinvestor · Aug 26, 2022

His name is Richard Blair. He purchased the name in 2018. Lambeth was a previous owner….that’s what makes this so ridiculous.

rlm · Aug 26, 2022

theinvestor said:
His name is Richard Blair. He purchased the name in 2018. Lambeth was a previous owner….that’s what makes this so ridiculous.

Ahhh.... I didn't catch that. Thanks for pointing it out! That does significantly reduce his chances.

Esdiel · Aug 26, 2022

theinvestor said:
His name is Richard Blair. He purchased the name in 2018. Lambeth was a previous owner….that’s what makes this so ridiculous.

Was about to say the same after checking. I was like holy **** and had to go check lol

The disputed domain name was first registered on March 5, 2000, by a John F Lambeth. It was acquired by the Respondent on or after February 28, 2018.

domains · Aug 26, 2022

Nafti said:
I agree. ANYONE can use a nickname and say “Well I’m known as Tesla on DN.ca so it’s my name”.

I was also reading a small part of the thread on NP and to be honest, he doesn’t seem professional in my opinion.

Transferred or not, I still don’t understand why the name still resolves when there is an ongoing legal case against it.

So 'Tesla' was a thing before the car company. Starting with Nikola Tesla the inventor, also tesla is a symbol used in math for calculus (it's been a long time), but I remember my college prof quoting equations with tesla, theta, beta, etc.

You could own tesla.ca and be using it for a math site, Nikola Tesla page, or whatever as long as it's not about electric cars or anything related to the Elon Musk company.

I don't know the history of the Lambo.com owner, but based on his case I think he could win. And that would be a good thing for domain owners to keep companies from overreaching, not meeting the actual requirements to claim a domain, and still winning.

theinvestor · Aug 26, 2022

I don’t think the company woke up one day and decided to fight this guy in a UDRP. I think they truly believe he is looking for a pay day. I believe the same as well.

Who creates a username after purchasing the domain? Even if I did create the nickname Lambo why would I attach .com ? It doesn’t seem legitimate. I think you take this case to court and they will see it the same way. It doesn’t seem plausible. You can’t just purchase domains that have TM’s and create usernames on forums and use that as your only evidence.

I own many similar names (last names such as Lambo) and I don’t list them for sale for 50 million nor do I make usernames out of them. I have a portfolio that backs it up.

Like you said. You can own Tesla.ca. You can start a website etc etc. but you’re not registering on a forum with username Tesla.ca and listing it for sale for 50M. I don’t believe that’s sufficient. I think Lamborghini has more rights then this guy. That’s the way I see it.

Lambo from NamePros loses Lambo.com in a UDRP (1 Viewing)

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