oyster

[GreyWing]

I know of one name where the BIN was used and I would have paid a lot higher (not this one) and one of the parties if not both losing out.

I think without refering to any parties on this one that maybe it is wise to remove the option to set BIN on any caught names via Domaincatch. Whilst keeping it for anyone who wants to sell their privately held names on Domainlore.

 

[boxerdog]

for people that dont really care about this i think this thread should be moved to a different section as it keeps knocking out the "domain name offers invited"

 

[retired_member9]

For everyone to make things a little bit more clear:

- IPT tag was operating by myself (service provider) under DomainCatch agreement. All domain registrations acquired via DomainCatch are subject to full management and control by service provider.

- He broke our agreement first by posting domain name for sale without taking my interests in the account. When I tried to discuss this with him, he, as I already said, was acting like a dazzled dog. It became apparent to me that this person can't handle so much (or that little, depends on one's view) fortune. So he wanted to sell domain for 5k in the morning and could have done that without my permission, as I had 50% stake in the domain and knew it would sell for significantly more.

- During our dialog, I explained to him that domain is worth much more and there shouldn't be any crazy rush to sell it. So he realized that it's worth more than 5k he wanted for it in the morning. You can read on my blog what happened then.

- He broke our agreement second time, when he stated to me that he is buying domain with BIN price, even though he was contractually obliged to sell it via auctions to a highest bidder.

- By Clause 6.6 of the agreement, if User fails to sell domain name at auction as agreed, I am entitled to pursue 100% domain ownership.

- I could have made a long legal cause out of this one and eventually would obtain domain name back for myself. Having better things to do and prefering to deal with jackasses in a straight manner, I have decided to recycle this registration, leaving myself out of pocket for a considerable amount, but hopefully giving jackass a lesson.

- As per Nominet's previous statements, they are not in any way involved in disputes where other party willingly provided access to his registrant account under third-party agreements.

Hope you get a better picture now.

 

[dragon]

I'm afraid you broke the contract before me sunshine

I have sold a number of domains on domainlore without you intervening and setting a reserve that you see fit. You only pounced on this one because you wanted it for yourself.

You pulled the plug on the auction to stop me submitting to domainlore - even though i was contractually obligated to submit it. So making it look like I didn't submit when you know full well I tried to submit 3 times. You successfully made it look like I didnt post the domain, hence "me"(read you) breaking the agreement.

You then kicked me off domaincatch because things werent going your way.

There's nowhere in the agreement which says i need to "taking my interests in the account" as you put it. Therefore, that is not breaking the agreement.

 

[retired_member9]

Another pathetic attempt to mix-up true facts with lies..

I have sold a number of domains on domainlore without you intervening and setting a reserve that you see fit. You only pounced on this one because you wanted it for yourself.

Correct, BUT: I especially contacted you beforehand to say that I am interested to set reserve price. You have ignored my request and posted domain for sale at your choosen price, your choosen BIN, ignoring my 50% stake and not replying to my original e-mail. You perfectly knew how the procedure works, as there were previous cases for your catches when either you or me were discussing and setting reserve prices.

You pulled the plug on the auction to stop me submitting to domainlore - even though i was contractually obligated to submit it. So making it look like I didn't submit when you know full well I tried to submit 3 times.

Correct, BUT: I placed a block for anyone posting 'oyster' to hold auction in moderation. I had a clear feeling you can't handle it.
You know you should be gratefull that domain didn't sell for 5k, otherwise I'd have made your liable for my loss of 50% of at least 25k for which domain is being commonly appraised.

You then kicked me off domaincatch because things werent going your way.

Correct, BUT: It was your choice. As a still valued customer at that time, after you refused to give me 3 days to determine domain's reserve price and demonstrated that you no longer want to accept 5k, which you were happy to accept in the morning, after I, myself, opened your little eyes to the domain's value. I warned that I am not going to deal with such disrespectful partner any further and you have made your choice by disregarding my last attempt to appeal for any sense in that greedy nature.

Any more mixed facts which I should put straight?

 

[dragon]

Another pathetic attempt by denys the penis to mix-up true facts with lies..

Correct, BUT: I especially contacted you beforehand to say that I am interested to set reserve price. You have ignored my request and posted domain for sale at your choosen price, your choosen BIN, ignoring my 50% stake and not replying to my original e-mail. You perfectly knew how the procedure works, as there were previous cases for your catches when either you or me were discussing and setting reserve prices.

- Like I said I was out and didnt get your email till the afternoon, or did you miss that too?

Correct, BUT: I placed a block for anyone posting 'oyster' to hold auction in moderation. I had a clear feeling you can't handle it.
You know you should be gratefull that domain didn't sell for 5k, otherwise I'd have made your liable for my loss of 50% of at least 25k for which domain is being commonly appraised.

- First of all there is some ambiguous replies from yourself. You emailed me saying "Just read my today's mail..

I'll check what's triggering this error."
Talking about my unsuccessful attempt to submit the domain oyster.co.uk, yet in another breath you admit that you put a block on domainlore. Interesting...

Correct, BUT: It was your choice. As a still valued customer at that time, after you refused to give me 3 days to determine domain's reserve price and demonstrated that you no longer want to accept 5k, which you were happy to accept in the morning, after I, myself, opened your little eyes to the domain's value. I warned that I am not going to deal with such disrespectful partner any further and you have made your choice by disregarding my last attempt to appeal for any sense in that greedy nature.

- Im the greedy one for wanting a BIN of £5k and you say you "think" it's worth £25K???

- Maybe I should now persue you for my £2500 loss then as you deleted the name without my knowledge or explicit consent.

 

[retired_member9]

I have no further interest to attempt to find any sense in your failings and disrespectful acting, combined with implicit dishonor for the operating agreement.

People on this forum will be able to make their own mind.

Added:
PS: You seem to be failing to realize that I could have approved your auction at 5k and bought it myself under other name. But I wanted to give you a fair share of for whatever it sells, even though it would have resulted in me paying much more than 5k, as my planned reserve was 10-13k. Unfortunately, you had no respect or sense for anything I was trying to tell you, acting like those who lose their minds over sudden fortune.

 

[bensd]

- IPT tag was operating by myself (service provider) under DomainCatch agreement. All domain registrations acquired via DomainCatch are subject to full management and control by service provider.

So even if Matt tried to sell it privately, which i don't think he was trying to do, would he have even had access to send the transfer email?

 

[dragon]

I have no further interest to attempt to find any sense in your failings and disrespectful acting, combined with implicit dishonor for the operating agreement.

People on this forum will be able to make their own mind.

I have zero doubt others will make up their own mind up as well.

Interesting you didnt reply to my questions isn't it denise. Perhaps you should attempt to find sense in your own failings and disrespectful acting, you'd probably make more friends and influence more people.

Maybe you should have stuck to your original domain name for this project - domainlord.co.uk as thats precisely what you think you are - especially now.

No one in their right mind would delete a domain they thought was worth £10-13k - only someone (a fool maybe?) who couldn't get their own way and wanted to throw their toys out would do something like that.

 

[retired_member9]

So even if Matt tried to sell it privately, which i don't think he was trying to do, would he have even had access to send the transfer email?

Of course. Access with DomainCatch is shared and not exclusive, participating tag holders are using all their systems as normal.

 

[domainseller200]

Could be ! however, from domaincatch.co.uk

"*Open to established Nominet registrars listed here as of 04.04.2009. Sorry, only a limited number of applicants will be invited."



So if this is the same person, then they wouldn't be able to "take his place"

 

[retired_member9]

I will not accept any more DomainCatch applications, only by invitation of people who have proven to be worth dealing with. This was enough servicing unscrupulous.

 

[retired_member12]

Could be ! however, from domaincatch.co.uk

"*Open to established Nominet registrars listed here as of 04.04.2009. Sorry, only a limited number of applicants will be invited."



So if this is the same person, then they wouldn't be able to "take his place"

Good spot re the tags' date! I didn't realise that only Nominet registrars up to that date could pre-bid though, I thought the tag bit applied to the domaincatch side of things. Couldn't she have pre-bid through domainlore in her own name?

 

[retired_member9]

Good spot re the tags' date! I didn't realise that only Nominet registrars up to that date could pre-bid though, I thought the tag bit applied to the domaincatch side of things. Couldn't she have pre-bid through domainlore in her own name?

Oh, gosh, things are becoming pretty much mixed-up here =)
DomainCatch was open to existing tag holders. DomainLore is open to anyone.

By the way, it's quite easy to see the reasoning behind the advanced bid, even though she knew domain will sell for a higher amount and she couldn't afford to compete for it. She just wanted to be present in the auction room, in simple words.

 

[rjs_essex]

Thread Moved

Rich

 

[denchomsky]

Interesting post this, and the threads have remained quite civil considering the amount of money involved.

So am I right in thinking Denys that you threw the fish back in the water, without having another line to hook it further down stream, just to prove a point, resulting in you both losing thousands of pounds?

I dont know whether this is selfless or stupid, but it is certainly an effective way of inforcing terms of agreement, I just think there was maybe a more amicable way of sorting this out, and just to think that money could have given Matt (Devolution) a nice send off.

 

[wb]

Notwithstanding anything which has been said as I'm not an expert, however wouldn't there be TM and potential DRS issues with this domain anyway seeing as there are various exact registered trademark matches for "Oyster" in the following classes?

02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 14, 16, 18, 19, 20, 21, 22, 24, 25, 28, 33, 35, 36, 37, 39, 40, 41, 42, 43, 44

 

[aZooZa]

Notwithstanding anything which has been said as I'm not an expert, however wouldn't there be TM and potential DRS issues with this domain anyway seeing as there are various exact registered trademark matches for "Oyster" in the following classes?

Not if the new owner starts to sell shellfish.

 

[retired_member9]

So am I right in thinking Denys that you threw the fish back in the water, without having another line to hook it further down stream, just to prove a point, resulting in you both losing thousands of pounds?

Resulting in me losing thousands of pounds. He lost his stake as soon as he violated the agreement.

I just think there was maybe a more amicable way of sorting this out, and just to think that money could have given Matt (Devolution) a nice send off.

You aren't mistaking this Matt with other Matt?
In any case, I am sure this money could have been well spent for any kind of charity work - something I did with the previous user who has fallen through.

However, this time I really had enough of caring about anyone.

New owner could decide to donate at his own discretion, but obviously he is not obliged to do anything.

 

[retired_member12]

Not if the new owner starts to sell shellfish.

...on the sea shore! try saying that 10 times, especially when you've has a skin full!