Binance domain name dispute

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Interesting how he had the domain since 2017 and they did not register their trademark until 2018, that is a major factor.
 
so if i bought domain today and later next year some one made a company with same name and take trademark

do they allowed to take domain from me?
 
RuhiDalavi said:
so if i bought domain today and later next year some one made a company with same name and take trademark

do they allowed to take domain from me?
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That really depends in some cases. However, given that the domain was registered before the trademark the complainant would have to prove the domain was intended to be used in bad faith.
 
High chance that guy may win instead.

FIrstly, like @MisterF said, they only registered their trademark on 2018, but the domain was registered on 2017.

Secondly, Binance team already emailed him with an interest to buy beforehand. And in the messages, Binance did not reference anything about trademark infringement or issuing a C&D. Also, Binance rep even asked how much he wants for the domain name... The guy merely responded to his question, and wasn't making a demand at all. And later, Binance tried to remove the evidence (the messages). That guy can use this as evidence in defending himself in the UDRP case or lawsuit.

Thirdly, it is a blank page. Yes, Binance legal team can argue that it is being used in 'bad faith', however it has been blank since 2017 (again, before Binance registered for a trademark) with nothing relating to crypto (Binance's market). If that guy suddenly puts on crypto-related materials at a later date, then he will be in the disadvantage but he didn't.

So it doesn't even satisfy any of the UDRP's 3 requirements.

It is going to be interesting how this plays out.

Because if that guy wins... He can raise his asking price to 1000 ETH, and Binance can't do anything but pay for it (if they so desperately wants it).

P.S: that guy forgot to omit his domain name URL when he attached the Binance's legal letter. lol
 
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It’s not about when the trademark was filed or registered, although that certainly helps your case if it comes to litigation. It’s actually when the mark was first used in commerce.
 
AliceInSEOLand said:
High chance that guy may win instead.

FIrstly, like @MisterF said, they only registered their trademark on 2018, but the domain was registered on 2017.

Secondly, Binance team already emailed him with an interest to buy beforehand. And in the messages, Binance did not reference anything about trademark infringement or issuing a C&D. And later, even tried to remove the evidence. That guy can use this as evidence in defending himself in the UDRP case or lawsuit.

Thirdly, it is a blank page. Yes, Binance legal team can argue that it is being used in 'bad faith', however it has been blank since 2017 (again, before Binance registered for a trademark) with nothing relating to crypto (Binance's market). If that guy suddenly puts on crypto-related materials at a later date, then he will be in the disadvantage but he didn't.

It is going to be interesting how this plays out.

Because if that guy wins... He can raise his asking price to 1000 ETH, and Binance can't do anything but pay for it (if they so desperately wants it).

P.S: that guy forgot to omit his domain name URL when he attached the Binance's legal letter. lol
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According to my understanding; unless he hires a hell of a lawyer in Canada to represent him, -unfortunately- he is going to lose.

Because domain is registered in Canada with ca extension and lawsuit started in Canada. But the guy says he is not allowed to enter Canada and Binance has figured that out, so playing dirty. I think Binance prefers to spend around 2-4 BTC for lawsuit rather than paying him 25 BTC.
 
provocative said:
According to my understanding; unless he hires a hell of a lawyer in Canada to represent him, -unfortunately- he is going to lose.

Because domain is registered in Canada with ca extension and lawsuit started in Canada. But the guy says he is not allowed to enter Canada and Binance has figured that out, so playing dirty. I think Binance prefers to spend around 2-4 BTC for lawsuit rather than paying him 25 BTC.
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True that too...

I guess we have to wait for the verdict.

And also, I agree with you. Also, just like you, I think he may lose instead because I did a search on the domain name in question and found out something interesting.

Yes, he registered the domain name in 2017. It was blank then. But according to wayback machine, on 2021, he put up some content. It is nothing much but just some text regarding the domain name's keywords. And at the bottom, he wrote, "interested in contacting me? visit ..... .com". It is very obvious at this point he is trying to justify the domain name's keyword to prevent legal matters, while also leaving his contact details at the bottom to flip the domain name.

So whatever this guy is claiming on Twitter, it is half the truth while playing the victim card to rally support.

Hint: .ca extension
 
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Looks interesting.

But the guy's domain is already locked now. So there's a little bit of chance that he would win against the binance.

And I think 25 BTC is not a fair price to ask.

If he could ask for 50k-100k rather than millions then they could consider paying that.
 
RuhiDalavi said:
so if i bought domain today and later next year some one made a company with same name and take trademark

do they allowed to take domain from me?
Click to expand...
there is no such thing as allowed or not. it all come down to capital and influence.
not to mention domain name. i know people that forcefuly take over other people land and house "legally".


i think this guy ask ridicilious ammount of money, that make it cheaper for binance to forcefully take it over.
 
He registered Binance.ca. Check the website.

I think the reason why they came up with lawyers is that they felt like he is kidding them. 420 ETH. I would probably contact my lawyers as well. On the other hand, $6500 is a god damn joke for this domain name. Should be at least 50k minimum.

I mean, let's be objective. This guy literally registered Binance.ca. His intention was to park the domain and wait until they approach him. He then asks for a large amount of money (ok, Binance earns a shit ton of money, it can be justified), but then when Binance is like "Ok, fuck this guy, let's go the legal way" he acts like a victim. Probably also the reason why the Binance employee blocked him on LinkedIn.

Also funny how this guy says the domain name has nothing to do with their trademark, he is not using the logo, etc., but actually, his fucking domain name IS the actual trademark.
 
RuhiDalavi said:
so if i bought domain today and later next year some one made a company with same name and take trademark

do they allowed to take domain from me?
Click to expand...
Nopes afaik they cannot.. but… money speaks ;)
 
MisterF said:
Interesting how he had the domain since 2017 and they did not register their trademark until 2018, that is a major factor.
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Yea, I do hope he wins.

Towards the end of the thread, he said he's a felon and as such can't enter Canada, is that true?

If it's true, does that mean if he supposedly 'loses' in Canada, the domain would be forcibly transferred to Binance?

It really feels unfair. Is it possible to compel them transfer the case to the US where he's resident?
 
BlogPro said:
For those left wondering, the domain in question under dispute is binance.ca
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As you can see...he doesn't use their trademark at all. Irony off. No wonder this guy didn't mention the domain name at all.
 
HenryObi said:
Yea, I do hope he wins.

Towards the end of the thread, he said he's a felon and as such can't enter Canada, is that true?

If it's true, does that mean if he supposedly 'loses' in Canada, the domain would be forcibly transferred to Binance?

It really feels unfair. Is it possible to compel them transfer the case to the US where he's resident?
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Me too. The felon thing really gave it an unfair twist because he won't be able to defend himself. I wanted to see the legal result with him having had the chance to defend himself in court. He needs a good crypto and domain lawyer, some folks are offering on the comments.

nakamura said:
As you can see...he doesn't use their trademark at all. Irony off. No wonder this guy didn't mention the domain name at all.
Click to expand...

But this is an interesting case. In october 2017 binance was a nobody, a 3 month old exchange who everyone thought would go bust. Crypto wasn't so serious back then either, it was just beginning to get serious that year. So this guy had a good vision. He should've built something on the domain just to keep it looking legit, unfortunately he didn't. He should've done some shit about his story, built nance's personal web blog and posted some shit there. He probably would've had 100x odds of winning this today.
 
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