***UPDATED, again: Feel free to voice your concern. This isn’t just about me, it could happen to each and everyone one of us who owns / operates a website or a domain.
Contact information for Cosco Management Inc.
300 Delaware Ave., Ste. 1285
Wilmington, DE 19801, United States
(302)576-2707
Contact page for Dorel Juvenile Group, Inc.: here
Contact information for Eddie Bauer (car seats etc. made by Dorel Juvenile Group, Inc.)By Email: Online Form
By Phone: 1-800-426-8020
By Mail:
Eddie Bauer Customer Service
P.O. Box 7001
Groveport, OH 43125
Contact form for Safety 1st: here
** UPDATED: And so it continues…
Notification. You are hereby notified that an administrative proceeding has been commenced against you…
I now must provide my response to the Complaint… *sigh*
I’m being sued by a large corporation who wants my domain.
Not because it’s theirs or that I’ve obtained it illegally, immortal or unjustly, but because they want it. Someone found my URL by some means – which I can only assume were they misspelled the word which they intended and accidently happened upon the domain in question.
Cosco Management, Inc., and Dorel Juvenile Group, Inc., related and affiliated companies, together own the rights of Baby on Board (yes, the Baby on Board) – and are suing me for the domain – babyonbored.net, which I own for a client / friend. Many of us parents know this company very well as they are the “go to” company for all things baby. Cosco Management Inc. are in relation to: Cosco, Safety 1st (I have two strollers, signs, safety items, toy, etc.), and Eddie Bauer (which I have two, 3-1 car seats) — all bought and paid for with my own hard-earned money.
I was sent legal documents on Monday May 10, 2010 describing the Complaint.
1. Identical and or confusingly similar to their domain
2. I am currently running ads and selling a product similar to that which they have manufacturing and selling for over 26 years.
Respondent is using the <babyonbored.net> domain name to divert Internet users to a commercial website that displays links to third-party websites, including links to direct competitors of Complainant that offer identical goods and services to those of Complainant. Furthermore, upon information and belief, Respondent derives commercial benefit from these diversions due to click-through fees from the links on the website.
3. I am purposefully confusing potential clients and diverting them from the trademarked brand and therefore stealing their business.
The <babyonbored.net> domain name is a website that prominently features a generic search engine with numerous links to various goods and services that are identical to Complainant’s goods and services. Upon information and belief, Respondent receives commissions for diverting Internet users to third-party websites via the search engine and links located at Respondent’s website. Additionally, Respondent’s use of Complainant’s distinctive BABY ON BOARD® mark in the Respondent’s domain name creates a likelihood of confusion and suggests an attempt to attract Internet users to Respondent’s website for Respondent’s commercial gain.
“Evidence” presented to show that I am willfully diverting Internet users to third-party websites via the search engine and links located on my site is this:
Exhibit A is apparently a representation of *my* website and *my* ads which I am was using to deceive my fellow bloggers, online shoppers, and internet users. This, my friends, is, in actuality, a screenshot of who.is, which is a search engine-like website for those looking for domain availability. This is not my website – as you can see on the top right corner of the page which displays the URL of the actual page. The ads in question – which I’ve enlarged for you – do not belong to me, but to who.is. The search capabilities – which allegedly divert Internet users also belong to who.is.
I am under the impression that the person who found this “website”, created this lawsuit and entered said “website” into evidence is of limited Internet knowledge based on the fact the page they were presenting did not even point to the domain in question.
The domain is was vacant prior to it being taken from me and placed in a “holding account” by Name.com, who claims that:
Per ICANN (Internet Corporation for Assigned Names and Numbers) policy, registrars such as Name.com are required to lock the domain name till the conclusion of the UDRP proceedings.
and the domain still points to a page similar to this:
This page is simply a placeholder for which I receive no compensation.
The Complainant is merely trying to take the domain and is not currently looking for any monetary compensation (unless the Panel does not vote in their favour as their lawyer has informed me):
Of course, if for some reason the Panel does not transfer the domain name to our client, we reserve the right to take any action or demand which may be made on behalf of our client in the event that further action is required to terminate infringement of our client’s rights in its mark, including seeking relief and damages in a court of law.
But get this: ”babyonboard.com” is registered, and has been since 1998, yet has never had a website affiliated with it in relation to Cosco Management Inc. (only a pregnancy p0rno site shows up). “babyonboard.com”, “babyonboard.net”, “babyonboard.org”, “babyonboard.info”, “babyonboard.us”, “babyonboard.biz”, “babyonboard.in”, “babyonboard.mobi” are all registered but are not active which makes me question how I am diverting traffic and potential consumers.
The irony of it all is that I’ve been a HUGE supporter of their products. I have played them up to just about everyone I know. I have purchase countless Safety 1st items for myself and friends, I encouraged my parents to buy a similar car seat to the ones we have, and I have even used their damn “Baby on Board” signage.
And, you’re probably wondering, Why make such a big deal over this? Let them take the domain and be done with it!? But it’s not about the domain. This is about being cyber bullied by a big corporation just because they feel they have the right to something: the proverbial school yard bully taking what they want, using intimidation tactics to boot.
It upsets me that a corporation of this magnitude would take these measures. I mean, I would understand if the domain I owed had a similar name, sold baby merchandise and made a substantial income, but babyonbored.net is really none of those things.
At this point, I just have to sit back and wait to see what happens; there’s really nothing to do until ICAAN responds to the Complainant and it’s decided if the domain is taken from me and given to Cosco Management Inc.
{ 169 comments }
Really? Thay are that bored that they are suing you? That’s so ridiculous. I think I’m going to be suid next then.. Because my url is a song name by a very popular band. I’m going to sit and wait to get my “you are sued” email too
Hmm, you said “bored”. Now they will sue you, too.
Rough. Anyone who can spell can clearly see that Bored is not likely to be selling stuff–I’d seen that domain name & assumed it was a mom-blog.
Stefanie’s website was babyonbored.blogspot.com for years. What should of happened was we directed babyonbored.net to her new domain, but it wasn’t… shoulda, coulda, woulda…
I am so tired of the harassment perpetrated online under the cloak of (falsely) perceived anonymity. It is exhausting being the person who has to expose these bullies for what they are, stand up to them, make it known that they cannot get away with this kind of behavior. And, it’s unfortunate that the responsibility falls to the victim. I look forward to a time when there are better structures in place for addressing cyberstalking and cyberbullying, both from a business and personal standpoint.
Anyone who would confuse “babyonbored”, an obvious play on words, (and I’m assuming what would be a blog or personal-ish website once finished and in use) with a well-known phrase and company, and not realize they were at the wrong page once they got there, is INCREDIBLY stupid. As in, so stupid they don’t need to be on the internet. I would never confuse the two, but I guess you never can tell about other people.
I guess I should start expecting Ivy League schools to come after me next. This is a big deal, and it’s not just about this one domain! Fight it, girl! You and Stefanie are both seem like strong people…stand up to them and we’ll all be rallying behind you.
God this is awful. I am beyond this stage but I’ll make sure all my mommy blogger friends know about this. Maybe you could mount a “oh no they didn’t” style campaign.
FUCKING BULLSHIT. KICK SOME ASS, SAM.
What assholes. I hope you fight this and broadcast it as far and wide as you can.
That stinks. Hope you win. Bullies indeed.
Absofreakinlutely ridiculous! Sue happy corporations are idiots. Stick to your guns, woman! You have support. I’m sorry you have to deal with this BS!
You would think that they would at least do a little homework before letting a lawyer write himself a paycheck with a ridiculous lawsuit. I mean, c’mon! If you were profiting from the site and intentionally making a play on words with their name, maybe. But the fact that it was a “parked” domain? Geesh. The best course of action would have been to try to buy it from you. It would have been more civil and would have cost them a lot less money.
You’re right, it’s bullying and its bullshit. Their complaint isn’t even well justified – their “evidence” is ridiculous, and it’s not ACTUALLY HURTING THEM.
God. Idiots. Maybe they should sue the school systems instead, since it’s really bad spelling that could be hurting their business?
It would help if they did any sort of research BEFORE they decided to sue. Like, ANY research.
Makes me wonder about how much they research the safety of their products.
One word: REDONKULOUS. Fight that BS.
Oh dear lawd Sam. Now that the details are public it makes it even worse. How utterly frustrating for you to have to deal with such crap.
Perhaps it’s time to harness the powers of the Internet and show them how much noise we can make on your behalf.
Now that the details are public it makes it even worse.
What do you mean? Now that you know why it makes it worse… or I’m going to be in more trouble now that I’ve made it public. LOL *skeered*
i’m with tanis hun (and commenting for the second time)… you have A LOT of people on your side, having gone through the same or similar circumstances with this bullying bullshit.
tanis is absolutely right, “harness the powers of the internet and show them how much noise we can make on your behalf.”
perhaps then they will see that not only will this taint their name with those of us who blog, but also taint their name in terms of their products as well.
NOT FUCKING COOL.
No, making it public is a *good* thing! Do you know the force of the mommy blogger community?? LOL What’s next? Getting sued by wine galleries because we use the word “whine” in our blogs when referring to our kids? How about teaching people how to spell correctly!
Oh wow. I’m CP. Now, I might get sued by the Cerebral Palsy website!
Or worse yet….Club Penguin!!! LOL
You stick to your guns! Fight on! You have your friends/readers behind you.
Well, they probably will come after you now that you’ve named them and all.
In my experience, bullies don’t like to be made public . . . but it’s GOOD to let people know. They are going to lose business from this and all over something that really doesn’t matter to them!
I hope the powers that be are smart enough to realize this is just a junk thing and let you keep the domain. Then you should turn around and offer to sell it to them for $10,000 since it’s obviously SO important.
I am spreading the word all day budbud. And if you need anything, call me! xoxo
What a freakin’ joke.
Morons.
Tell them they can have it to the tune of lots of $$$$. heh.
Okay, so, guess who has standing invites to no less than FOUR baby showers in the next month? Guess who will be voicing her distaste regarding Cosco’s bullshitty nonsense with her carefully-distributed American dollars?
I’m also drafting a letter that says, in effect, “FUCK YOU, DOUCHEBAGS, AND FUCK YOUR CORPORATE BULLY TACTICS AND FUCK YOUR PRODUCTS, TOO.”
Somebody’s momma raised them wrong.
A court (specifically a jury) has agreed with the confusion trademark situation on a site that didn’t even have the same domain – not even close (marykay.com vs touchofpinkcosmetics.com- not even CLOSE). They also agreed with the adwords being a trademark infringement.
Take a look in the Texas dockets – Mary Kay vs Touch of Pink Cosmetics. MK whined a LOT about all kinds of things (and lost) but the jury DID agree with the confusion and the adwords. And? the judge stood behind the jury’s decision.
It was absolutely astounding to watch them put these people out of business in one fell swoop.
I agree with you, Darla… but! They should then be after who.is for having google ads which use the content of your search to provide the ads and re-direct potential consumers.
I have absolutely NO monetary gain in owning this website. Hell, even when (if) it is eventually used any ad money would strictly belong to Stefanie…
*sigh*
I am certain of how this will go and it’s utter BS.
MK also sued yahoo for their allowing the adwords. The thing is, the jury didn’t care.
And yeah TOTAL BS!
Intimidation tactics and bullshit. Don’t you DARE give up that domain name! Collectively between all of us bloggers, we know enough lawyers and mommy bloggers who can pull our support from Cosco should they continue to bully you in this fashion.
Call “Ellen”. Seriously. She loves doing shows on crazy internet happenings and this definitely falls under the realm of crazy internet happenings! Standing strong with you! Don’t give in….
(unless there is a LOT of cash involved…for YOU!) LOL
I agree! This is so far fetched that she’ll probably take up your cause!
oh my freaking god.
my mouth is still hanging open in shock and horror.
those fuckers.
So let me get this straight. They do not see that it is a play on words, which is permissible use and are basing their legal theory on the fact that your site is diverting potential illiterate consumers?
I’m sorry that you have to go through this, because at is best, litigation is unpleasant, but they’re really reaching here.
Careful. My *site* is diverting NO ONE because there is no site to speak of. The domain leads to a placehold which I have no control over and earn no compensation for.
But, yes! lol
Douche-nozzles.
The whole lot of them.
Alternatively – if it is of no value to you, offer to sell it to them for the amount it has cost you to look after it for all these years!
DUDE! BULLIES! I know who I WON’T be buying my baby products from….
Hold your ground!
So….what the hell?
This is positively insane. I hate seeing big corps trying to bully people like this. Have you reached out to the EFF for help?
http://www.eff.org/
Fight the power, girl. You will have a lot of support behind you! Support from people who are the very bread and butter of those bringning this frivolous lawsuit!
I’m spreading the word!
Hmmm wonder if I’m safe with Mommy Confessions? I’m sure someone, somewhere, can find a way to confuse that with their brand!
I think you should fight it and then make them pay for your legal fees, plus any damages you have incurred as a result of their stupidity.
You gotta be shittin’ me.
You NEED to fight this. A large corporation like this, you’d think would have had brains to do a little research before taking it into legal proceedings.
You haven’t done anything wrong… board:bored, .com:.net… whuuuuuuuuuut in the hell.
Showem’ the fiestiness that is Sam.
I have fought a big corporation in 2 different provinces at 3 different levels of court – appearing before a judge over 11 times regarding the same case. It was just me, against one of the biggest law firms in the country. I won. Why? Because truth (and common sense) was on my side.
Stick to your guns. You can win this. And contact me if you need help.
i was going to suggest EFF, too. they are fighting these kinds of battles all the time. you might contact BlogHer & see if other sites have been subjected to similar harrassment; joining with other BlogHer websites will make this easier for you.
good luck.
This is just ridiculous drag-net corporate lawering. Toss out that net and scoop up whatever tenuous connection you can find to justify your salary. Blerg.
All I have to say is give me a large break. Talk about ridiculous. I would hope a court would dismiss this because it seems to me to be without much merit. Big Bully is right.
Don’t give in!
Wow….absolutely ridiculous. And yet so many bloggers support this company. They really should choose their battles.
Wow. This is a tough one. I once worked with an attorney on trademarking a name so I understand the whole “consumer deception” with a similar name issue. But I totally agree with you that a blog title with a play on words (which is just SO rare) has absolutely nothing to do with diverting potential customers. I am sure they have attorneys on staff and it must be slow right now so they had to invent a lawsuit.
I did have to laugh at the Google ads on the Who Is page. Um yeah. I don’t think they quite get it. And I’m sure it would cost you a fortune to fight it. Thought about a SM campaign? “Big business goes after mommy blogger”. Would cost them a fortune in PR.
In a word….Ridiculous! Thanks so much for sharing your story though – it makes ALL of us more aware.
I find this actually kind of fascinating. On the one hand, I’m sorry you have to deal with this bullshit hassle. As if life isn’t annoying enough!
On the other hand, you’re perpetrating one of the classic no-no’s of the Internet: parking a domain name for years without making use of it. Their claim is obviously badly constructed, and hopefully will be tossed out. But if they’d simply said, “We want to use this domain, and the owner has held it without using it since 1998,” I’d probably say, well, they’ve got a point. If you were making use of this domain, I’d say it clearly qualified as a parody of their brand, which should be protected speech. But since you AREN’T using it, it can’t really be considered parody.
Again, sorry for this massive headache, but, like a car wreck, I kinda can’t wait to see how it plays out.
I bought the babyonbored.net domain in December, 2009.
*They* have parked on “babyonboard” domains since 1998 without even an indication they belong to them or their product.
Ah. Sorry, I misread that.
Really does seem like they got some new lawyer who knows just enough about the internet to be dangerous and decided he needed to earn his retainer.
Good luck.
Great for you – I love stories of people standing up for what’s right just for the principle of things.
What a bunch of corporate lawyer asshats.
As someone who’s been sued by a big firm before, I will tell you that your battle will not be easy. I’m guessing you have your own attorney putting eyes on this, yes? If not, you should. Pro bono if you don’t have the cash. Just remember, they can’t dictate how you make an income or how much of it you make. There are protections for you as well. If for no other reason than to make sure ICANN goes through all of the steps to keep it a fair process. Pretty obvious they are trying the path of least resistence and financially 100% beneficial to them.
Good Luck!
I’ve kinda never been so mad at something regarding the bloggy world. Let us know how to help, if we can.
xoxox
emily
Make noise!
Even though it may be too late for me and my domain, if this can save someone else the headache, I’m happy with that!
OH FUCK THIS SHIT.
BEST. COMMENT. EVER.
Fuck, I love you.
HAHAHAHA Maria. I fuckin’ love you too.
IANAL but I AM a professional writer who regularly mocks things on the internet (and sometimes even gets paid) and as such do I pay attention to intellectual properly law. I believe that a title like Baby on Bored for a blog would be protected under the parody exception in IP law. And since your intent was to eventually redirect the domain (which you have held for less than a year) to a blog of that name that is clearly using the title as parody I really don’t think they would have a case even IF they had presented proper evidence that actually pertained in any way to your use of the domain (which they obviously haven’t).
I hope some intelligent servant of that corporate behemoth realizes ASAP how ridiculous this is convinces them to drop the suit. I think YOU have a case here for harassment, which could actually get them in big trouble if you were to countersue.
Wow, that is so wrong. I am sorry you are having to deal with this but glad your are airing it for all of us to see. We need to be aware of these type of bullying practices.
All I can say is GO TEAM SAM!!!!!! Proud of you for telling the world what was going on.
Sigh. Big companies.
can you sue them back? harassment or some such shit?
Oh Cosco…you fell victim to one of the classic blunders, the most famous of which is “never get involved in a land war in Asia” – but only slightly less well-known is this: “Never go against a Mommy Blogging community when a domain name is on the line”!
I think you know me better than that… it’s not about the name at all.
Uh yeah, I know.
I was just being funny, which obviously backfired.
Okay good. I love you!
(I *may* be a little on edge today….)
Friends?
Bwahaha! I’ve never heard that Princess Bride quote used in such a perfect manner before!
My sister was also sued for a website name — and in the end the bully protagonist won (she didn’t let it go to court for fear of court costs). Her story is documented here:
http://reallydumbtrademarks.blogspot.com/2009_09_01_archive.html
clearly, Jr. just got hired as a lawyer for this company and needs to prove he is worth his salary.
I would be very happy to RT or do whatever is needed to get the word out to other moms about this.
Perhaps Babyonboard is forgetting who makes all the buying decisions when it comes to the kids.
Good luck.
What a pile of horse shit. Tweeting this. If there is any justice in the world, and maybe I’m an optimist but I do believe there’s at least a shred, then Cosco will get their ass handed to them. Fight on!
I had to trademark the title of my blog because a phrase in it is used all over the damn place, internet, magazines etc.
They do an exhaustive search on similar names, confusion of names and all the things you talked about in your post. It took over a year to get the trademark.
It cost $1200. Yikes. But after reading your post, I’m glad I did it.
If you trademarked yours, does that mean I can’t (just for litigation purposes I am asking, I’m not trying to be sneaky, I really am curious) make one with one letter difference because I like it? How does that work?
I really am not well versed in this area. LOL Maybe I wouldn’t be in this predicament had I read up more on it. I didn’t think it was confusing or misleading so I had no trouble with it. *sigh* Maybe someone can give you the answer you’re (we’re) looking for…
Bizarre. What do you make of the fact that babyonbored.com is held by a company in Cypress, and .org .biz and .mobi are still available? I get them wanting to protect their trademark, but this is an obvious parody of their name not a moneymaking hijack, they haven’t bought up the other versions of it, and their tactics are needlessly aggressive–why not make you an offer if they want to secure it? This is horrible PR and lousy business to boot. So sorry you are being bullied.
whaaaaaaaaaaaaaaaaaat?! Cosco, no one cares about your penis size.
Coco, Imma be tweetin’ this.
First, I am so sorry you are having to go through this.
Second, I am tweeting this.
Third, Costco, BabyOnBoard, and Safety First just lost a customer.
Make that 2 customers lost and boy can I spread the word fast. And you know how when you all sit in a circle and say a sentence and by the time it gets to the very very end its a whole different story? lol. Good luck Costo et on the re tell. Good luck.
What I don’t understand is why didn’t they just try to buy it from you instead of suing you? When the SciFi channel decided to rebrand themselves and become SyFy instead, they just bought up other websites using the “SyFy” name and paid the owners to stop using the name so that it could be exclusively SyFy’s (or SciFi’s). Couldn’t Cosco just do the same? This is ridiculous! I’m so sorry you have to deal with this BS!
I agree with Megan. Their Internet team should have lapped up various iterations of their desired domains (positive and negative) and (at minimum) established redirects to the company’s site – YEARS AGO.
Their poor planning and strategy is THEIR problem and, as a 15+-year PR practitioner, I would have advised them on a number of different directions that would have been preferable than this one.
Dude. This was almost comical to read.
Seriously girl, you stand your ground, this company has shown it’s self to be both ignorant and sue happy.
Will now pass on further purchases from them, and they are missing out, because breeding and carrying babies around in my car are two things I happen to be AWESOME at.
And Cosco, btw, way to have any internet knowledge whatsoever, I mean, it’s probably a smart decision considering social media is a myth and the internet is just a fad.
STAY STRONG LADY!
Really, Cosco? Really?
Wow. Just, wow. To confuse a who.is with the actual site is just incompetence. Makes me wonder if their products go through the same kind of testing now.
HELLO ! As the owner of an IPP / hosting company since 97, let me offer you a little back up here, we have seen this happen even with casinos and other companies… Please feel free to keep me in the loop and you can talk to my gurus anytime.
What a crock! I hope you win! That is beyond BS!
Eff that!
This is insane. It is bullying. I will not be buying anything from Cosco or it’s affiliates ever again, either for my family or as a gift.
I’m also Tweeting this. Blogger powers unite.
Outrageous!
You had better believe this has changed my opinion of Cosco. I own and use MANY of their products, but I’ll think twice before buying more if this is how they treat others. Bullies suck!
I’m glad you wrote about this, but I would encourage you to include the lawyer’s name, the firm’s name and their contact information as well. It’s public information and you violate no laws by posting it.
That is total CRAP!! I hope you fight it and WIN. Common sense (and anyone with eyes, who actually read) shows their “evidence” has nothing to do with your website. Unfortunately, the court system doesn’t always go with common sense. Good Luck!!
So, they’re upset that all of the dumb-asses in the world that can’t spell their company name are going to your site first? If anything, they should be paying YOU a referral fee! I’ve heard of similar cases where the big companies actually did have a beef, but this is ridiculous.
just steer me in the direction of who i have to make some angry calls to, and i’m there.
this is so messed up. a large corporation is using litigious bullying to get their way with you. so not cool at all.
This is total, utter crap. Stand your ground, we are all standing behind you in support. Big companies trying to bully a blogger, WTF!!!!! Obviously, like a few people above me have said, this junior lawyer must have just gotten himself hired and knows just enough to make himself dangerous and annoying.
this makes me MAD! I can not STAND corporate bullying! I really hope you fight this just on principle alone! You have a lot of support here in the blogging world!!!
I am sending you some info. You MUST respond in a timely manner or you will get a default judgement. You may not be in that bad of shape since their normally spelled domains are not owned by them, thus they havent “protected” their mark. Until you get the info see http://cyber.law.harvard.edu/udrp/analysis.html#rights
Good luck!
You appear to have a lot of people behind you. We need to be spreading the word about this. In the internet era, mobs are the best defense against corporate bullies.
Holy Crap! I can’t believe this story. Cosco is outta their minds. Best of luck to you on this.
Looks like Cosco is the new Nestle.
I haven’t read all the comments yet so if this is duplicated I’m sorry. I’m just hanging around on the computer and I am board out of my mind. Seriously?? they do NOT own the word bored. Fight them. And I would think YOU should get monetary gain for the links that now reside there which I am not sure but do look like they (The other baby on bored uh I mean board. just typing that upsets my senses) may already be profiting from Your domain.
Every comment is important, duplicate or not.
I can use all the support you can muster!
XO
This is just… insanity, really. I don’t even know what to say other than I am so sorry you have to deal with this crap.
Not that this helps you at all in this situation, but have you ever considered requiring your clients to purchase their own domain names? I mention it because it’s something I never thought about doing myself until I worked as a designer/developer for a local company, and that’s how they do it- mainly to protect themselves from situations like this. It never crossed my mind that someone could be sued for buying something that was READILY AVAILABLE (I mean, SERIOUSLY??) but it happens a lot. And at least if your client is the one who has purchased the name, then it becomes their responsibility.
Again- TOTALLY ASSVICE, I know- but someone pointed it out to me and I had never considered it. And now that’s how I operate. Because I got a certified letter from a client’s lawyer once and OMG I don’t ever want to feel that panic again (was unrelated to domain-name stuff, but still. Cost me $4000 in legal fees/refunds and it was total BS and it was NOT FUN.)
Good luck with this, DO NOT GIVE IN.
I typically do have clients purchase their own. This was doing a favour for a friend and well… you know the rest. I don’t fault her at all. Not one iota. But I will definitely stop being so accomodating and have people register their own from now on. Lesson learned.
wow, the word ‘bully’ is spot on. So, if you purchase a domain name- a big company can just take it away, because they want it? this is crazy. Please fight, fight, fight this, because none of us are safe if they win.
I will tweet this and blog about it.
Same thing happened to The Bloggess by a small magazine chain. Nuts.
http://thebloggess.com/?p=515
Really!? How did I not know that!? Must. Find. Jenny.
Making a big deal out of it is what THEY are doing, not you!
And bored is not a mispelling of board (unless you’re illiterate). It’s actually a whole ‘nother word. Amazing.
Surely the panel will have some amount of brain between them and see that their “evidence” is not of a website, but of a parked domain, and their allegations don’t hold water.. Good luck with it – I hope they FAIL.
Oh, this just makes my damn blood boil! And it’s complete horseshit!
I know it’s totally scary, but please fight back. There must be someone out there that can help without costing you. They need a wake up call that they CANNOT bully innocent people around like this.
Let me know if there is anything I can do. *HUGS*
WOW. I can’t believe that!!! That’s such crap! Can you counter sue?
Who gives them the right to do that?!
Good luck to you..my baby dollars just went elsewhere.
Unless they own “baby on bored” or have it trademarked in any way, this is ABSURD and rather disgusting. I’m happy you said who the company is, because I will not support them at all in the future.
This is cyber-bullying and bullying in another way too…heaven forbid anyone else make money or have success in a market they want to monopolize if they can. They are picking on a small blog because it would cost them a fortune to go after a company that is also represented by retained lawyers.
I’m really sorry this is happening to you. You may be a fan of their products, but it’s a big market, and I won’t by anything from them again.
Whew. That’s utter suckage. Most blogs I read are a parody or play on a common phrase…Do keep us updated.
Wait, because people are too ignorant to know how to spell “board” vs. “bored” (or know the meaning), you could be forced to give up the blog name? How pathetic. Anyone who has “there/their” or “its/it’s” in their blog name, you have been warned.
This looks like the most promising lawsuit since L. Hutz vs The NeverEnding Story. Or should I say the alleged NeverEnding Story.
If I used their products I would stop, but I don’t, so I’ll just sit here and think about punching them in the stomach.
A similar case, but one that I wouldn’t model my behavior on:
http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
My advice, contact the EFF and see if they can offer advice.
Insane. Utterly insane.
So then would they be harassing you if the domain actually contained a parody site instead of ads? Because at this point, I could see dusting off that domain and creating a true parody to point out how dumb they are.
Fight ‘em and show them that bullies don’t win. They’ve lost my business and I’ll recommend others to go elsewhere, too. Let us know how to help!
Also? I’m very glad that the TV network TLC isn’t as bored and willing to stimulate the legal economy as Cosco or they could come after me for my blog name to add it to their other “A _____ Story” TV shows.
What a giant, unnecessary pain in the ass. I’m sorry, Sam.
That is so awful this is happening to you. I seriously hope that it all works out as it should, without having something you own snatched away from you like this. Let me know if there is ANYTHING I can do for you to help.
Now I think I have heard it all. Thanks for sharing your battle with us, so we know what could happen.
That is ridiculous. Seriously.
This is nuts!
I laughed at the screenshot of Whois. Rank amateurs, unfortunately with deep pockets.
The sad part is, even when you win this case (and heaven help us all if you don’t) there will be no compensation for holding your domain for months.
Tragic.
The domain was empty at the time of seizure by Name.com it so there is no monetary loss where it is concerned. The loss is only in regards to my sleep, sanity and time – which all in turn affect my work, my family and my children.
*sigh*
It’s obvious that Costco is buying up domain names even if it doesn’t plan on doing anything with them (and it doesn’t look that way) to keep the competition from doing so. I’d contact a lawyer for advice because this is the IronChef.com thing all over again. Back in the mid 90′s when the original Japanese Iron Chef shows were being shown on food network a fan of the show bought the Iron Chef domain and made a fan site. Once the show got really popular, the Iron Chef show decided they should get around to making a web site and found the domain was taken. The entertainment company sent big scary lawyer letters to the woman and threatened all sorts of big scary lawyer things. With some help from a few of her fans that were real lawyers, she won because she had the domain first. Lawyer up.
Please note there is a difference between CosTco and Cosco… I suppose that could be another issue all together given the similarities of the name.
Whoops! My apologies to Cosco and Costco. Please don’t sue me big mean corporate guys. I have a one eyed dog and he has to eat.
Tweeted this out to my 20,000 twitter followers. Hope it helps!
That is CRAZY!!!!!
I’m so sorry to hear about this and I hope that it gets worked out soon.
This is infuriating. We all need to fight back in every free way we can think of, since we don’t have deep enough pockets to outlast the big corporations whenever they decide to pull stunts like this.
A petition for people to sign who will boycott their products specifically because of these kind of tactics is step 1, and spreading the word to influential people who can shame them into dropping this nonsense is step 2. Someone mentioned Ellen Degeneres, that sounds like it could be a great move.
Good luck!
Ok, Domain law is not like other law. You need someone who knows how to do this; most normal lawyers don’t. Google a lawyer named John Berryhill, and call him up. At least see if you can get 10 or 15 minutes of his time to explain the situation (many lawyers will at least give you a that much for free). Seriously. He’s the best you can find at this sort of thing, and he’s won all kinds of cases in this area.
(I should say I have no affiliation with him, but I have a lot of domains, and I read domain blogs and keep track of domain law decisions. And his name comes up all the time, plus I’ve seen him in the forums)
It never ceases to amaze me to see how much negative publicity big corporations want.
This sucks. Big. Time.
Hope you win this fight! Retweeted the story and sent some journalists a tip as well.
Oh no! So glad I found this via @Reese — just terrible, but so informative (and unnerving.) Going to donate caffeine since, being a cartoon and all, letters from me wouldn’t help…
Good luck with the fight ~ !
~ GirlPie
Hoping you get a speedy resolution to this that maintains your integrity and sanity. Sending kind thoughts your way.
Certainly makes me question their business practices as a whole.
You should read these articles about a similar situation where the person in question was even profiting from his parody of North Face apparel:
http://abcnews.go.com/Business/teens-south-butt-apparel-irks-north-face/story?id=8712101
http://www.metamend.com/blog/2009/12/15/north-face-with-a-south-butt-its-fair-use-but-is-it-really/ Legal Analysis of the situation
http://www.associatedcontent.com/article/2521683/7_billion_giant_the_north_face_sues.html?cat=9
Most recent article:
http://www.firstamendmentcenter.org/news.aspx?id=22828
I love this headline: North Face, South Butt Settle Legal Dispute
OMG! I Can’t believe this is happening. Oh wait, yes I can. The corporate world is full of bullies who think they can do what ever they want. I could write a long post on this, but I’m sure you know how I feel and more. Don’t give up!
That is the BIGGEST bunch of shit that I have ever heard
Can you say David and Goliath? I’m completely disgusted.
Hang in there, Mama.
holy bullshit batman! That is the lamest case I have ever heard of. Don’t back down!
hey hun, can you follow me on twitter so i can DM you something lawyerly? puhlease?
Load of corporate crap, Sam. I hope you take them down hard.
Why wouldn’t they just contact you and make an offer to buy it from you?
It probably would have cost them less to do that then to hire these moronic lawyers who don’t know anything about the internet to go after you.
Cyber bullies is right! I have no problem boycotting the companies listed here and bloggers need to get the word out about this scum.
that sucks!
don’t let the complaint just sit there, though…respond to it to avoid a default judgment. you probably only have 30 days.
you may want to call the local “legal aid” office or your city’s bar association for a legal referral.
OMG!! The other day, I referred to how important “safety” was, and in the same post I referred to my “first” baby!! I could be sued for misuse/profit by Safety 1st!!!
Just throwing my hat into the ring. It’s ridiculous. I hope this ends well for you. Like the others, I won’t be purchasing any of their items. That’s gonna suck in their whole revenue generating plan.
Unbelievable!
That is very petty of Cosco.
This is bullshit to the highest degree. Maybe you should get a domain with some sort of name like “im being cyberbullied by costco.net and shame them by posting their threats, etc. In other words…….. let them know they can suck a fart out of your ass before you give up YOUR domain!
I agree completely. I, too, have an array of Cosco products because I felt they were the best quality. Not EVERYTHING, mind you, but for certain things. My child is 8 months old, and won’t know brand loyalty for a long time. I, however, can be damn sure to let everyone know about the mistake that, as you’ve suggested, one feeble minded idiot has made that is seriously defacing the company.
i say you make babyonbored.com into a website containing only photoshopped pornographic photos of Costco CEO, Jim Sinegal. but one thing, he has extremely droopy testicles, please be sure to make that part of the photo submission guidelines.
Oh goodness, this is very sad. I’m definately not going to get a Costco membership now. I hope you have a fantastic lawyer, and a publicist.
There is a difference between Costco and Cosco. Please be careful. Costco has nothing to do with this.
Oh, thanks for setting me straight there. I don’t have opportunity to do buisness with Cosco, but I will write them a strongly worded letter letting them know exactly what I think of their actions. Maybe enough strongly worded letters will have an impact.
My husband works in free and open-source software. Those people deal with stuff like this from the corporate computer industry all the time. He asked me to forward your url to him so he can send it on to the advocacy group he knows of that he can’t remember the name of right now,. So I did.
Good luck!
Well … I would laugh but not in the best way. This is beyond ridiculous. So I will be boycotting Costco, writing them a letter, and posting it on my blog, and twitter and everywhere I can! Beyond ridiculous it’s disgusting. They are definitely bored and well … what else can one say about this issue? Keep the faith – we’re all rooting for you!
Do you think it’s coming to a point in time of blogging where liability insurance (specifically for legal representation) is going to become a necessity?
I have to wonder if someone like Dooce, Pioneer Woman, etc. carry liability insurance.
I hadn’t ever thought of that… but with the way the internet has been changing, I wouldn’t been too surprised if it came to that.
I made this comment on Safety 1st’s website:
” I am writing in complaint about the actions your legal department is taking against babyonbored.net.
Truly, in no way is anyone going to be confused that the content (a mommy blog) has anything to do with Safety 1st or Cosco.
This is sort of the nuisance suit of a big company against a couple small mom bloggers that makes corporations look like deranged schoolyard bullies.
You know what I don’t like around my kids?
Bullies.
Bad image choice, y’all.
Thanks,
Vancouverite”
get thee a lawyer.
at worst, they should have to BUY the domain from you, at a very high cost if it’s diverting *so* much traffic and sales.
people
It’s *not* COSTCO it’s COSCO. These are two, very separate, companies. If you boycott COSTCO you are boycotting the *wrong* company.
LOL, thank you!
For the record, I love COSTCO. Particularly, the poutine. HAHA
Now if they actually were using babyonboard.com I could see that they might have a complaint. That they don’t? WTF COMON PPL. SRSLY OMG WTF????
http://www.eff.org/
Contact the Electronic Freedom Foundation. They might be able to help you out. I’ve already sent an email requesting they at least take a look at what is going on.
OK, I messed up , its the Electronic Frontier Foundation. Go to the contact page and get hold of them right away. I really think they might be able to help you.
http://www.eff.org/
Nobody puts babyonbored in a corner!
Like others have said before me, you could raise an army of supporters such that even if they “won”, they’d lose.
UNfortunately, their lawsuit does use the cybersquatting law as it is written. I was threatened with a lawsuit by eBay because of a domain that I owned. At first I freaked and refused to take down the content or give up the name, but after researching cybersquating law I saw that they completely had the advantage. I think the law is antiquated and is used in ways that it was never intended for, but it is still there on the books.
that’s bullshit. Where do they get off taking a domain away from a blogger? /stabscosco
Wow, that’s absolutely ridiculous. The domain was available, you bought it, it’s yours. Bunch of bullies.
Okay, so you bought a domain name that is the very same name of a brand for which a company has a registered trademark, and you’re surprised and upset that they are using legal means to take it away from you? Just because you found the domain available, and you were able to easily buy it, doesn’t mean that you can use it. The fact that on the web page for the domain that you own there are links to competing products for the company that owns the trademark tells me that they have a valid complaint. What you can do is put up a blank page there, instead of the parked page with ads. Still, if you bought the domain after they had already an established trademark, you probably would lose because of cyber squatting laws.
The company isn’t being a bully, they’re just defending their hard earned trademark rights. Which, if you understand trademark law, they MUST do in order to retain their trademark.
There are many things in the world to get indignant about. This isn’t one of them. You bought a domain that someone already had rights to.
It’s not exactly the same. There is a difference between Baby on Board and Baby on Bored.
It’s actually a play on words.
Regardless of that fact, your argument that I should have made a blank page to prevent the ads from showing is irrelevant as the page they’ve entered into evidence is that of a who.is site which is completely unrelated to the domain in question. If you search ANY domain on a who.is site there will be ads which belong to them and there is no shared compensation. Period.
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