www.siriusxm.com still comes up blank? Any thoughts or news on why they don't have a site running...or even at least redirect it to sirius.com...
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www.siriusxm.com still comes up blank? Any thoughts or news on why they don't have a site running...or even at least redirect it to sirius.com...
WHOIS LOOKUP:
Unless I'm mistaken it doesn't appear to be owned by the company. My guess is they are either working or getting it, or they have no intention of buying it at this time. I mean, they are two separate brands for the time being, with existing websites. Why try to cram it all into one address?Quote:
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Registrant:
brian bennett
290 bella vista way
sf, ca 94127
US
Registrar: SIGNATURE
Domain Name: SIRIUSXM.COM
Created on: 29-MAR-07
Expires on: 29-MAR-09
Last Updated on: 20-MAR-08
Administrative, Technical Contact:
bennett, brian
1290 42nd ave
sf, ca 94122
US
+1.4155050756
Domain servers in listed order:
ns1.interimnameserver.com
ns2.interimnameserver.com
Yeah it's owned by a domain squatter.
They will absolutely lose that domain when the lawyers get on them, since what they are doing is illegal, especially considering the fact that they purchased it after the merger announcement.
Not that I agree with the practice... But what exactly is illegal about picking up a domain as an investment, in an attempt to resell it for a higher amount at a later point?
The merger had been declared by then, but it wasn't like SiriusXM (the name of the combined company) was made public way back in March 2007. And even so, would that be illegal if the name of the company was known?
Picking up a domain that's trademarked (Sirius/XM) for the sole purpose of reselling, is against the acceptable use policy of buying domains.
Now, if he actually had a real company called "Sirius XM", and it was founded BEFORE Sirius and XM were founded, then maybe he would have a legitimate claim to the name.
But since that name was registered shortly after the merger announcment, you will see soon enough what happens, he will be forced to transfer the domain name over, and he'll be out of his registration fees for the domain.
Also, if he actually developed it into a real, legitimate site, such as SiriusBuzz for example, it would help his case, but he didn't. He just bought it in hopes that one day the merge entity would buy it from him, they'll just pay a few lawyers instead.
The name Sirius XM was not decided on until recently. At the time of purchase Sirius XM did not exist. Will Sirius XM get that domain if they want it? Absolutely. Will they probably just pay this guy a large sum of money to not have to spend money on the legal process? Absolutely.
By "large sum" I mean low $1X,XXX. It would cost them that in legal fees. If the guy who owns the name is smart he will take whatever they offer.
Great replies, thanks. Learned something new...:thumbup:
I doubt they will pay him anything. They'd rather pay a lawyer a few grand than someone who is trying to extort a domain name.
http://news.bbc.co.uk/2/hi/technology/6449363.stm
http://en.wikipedia.org/wiki/Cybersquatting
If there a difference between squatting on a corporate name, and squatting on someone's personal name? The reason I ask is because I thought I remembered something like someone picked up LebronJames.com while he was still in high school and then sold it to him after the fact. Is it because a corporate name is trademarked?
Personally I got no problem with this guy. Especially cause he's not taking their corporate names and linking to porn, or defaming it with a huge page of links. It's blank. I would bet the guy bought up several difference combinations of the two words to try to guess what the new company would be called, or what domain they would be interested in owning. More power to the guy, he went "long" on SiriusXm.com and won big (considering the cost it takes to register).
I don't think just because it is the name of a company they should be able to steal it from him for free just because of their lack of foresight. Extortion? Nah, that's just business. When's the last time you bought anything "at cost"? Milk? Gas?
With the blatent corruption going on in every area you can think of - especially concerning big business and government collusion (socialism for the rich) - I have no disdain for the little man here. When a common man uses his head, thinks faster and beats out a corporate baron on a little thing like this domain name issue, I am in his corner. If he can get $19,999.00 for it, I say fair deal. Good for him.
If the guy is trying to extort (you assume he is going to try and bully a corporation?), then I agree but, I am sure they will just make him an offer right off the bat and if he is smart, he would take it. Unless his legal name happens to be Sirius Xm ;)
There is a legal difference but I am not sure what it is as the result is the same now. Unless that guys name was Lebron James he would lose that domain in court as it stands today (this was not the case a few years ago).
The only offer they will make him, will be to either turn the domain name to them, or face legal issues. He has no legal claim to the name, and they shouldn't pay him anything except his costs for the domain name which won't amount to more than $50.
Trust me, I've dealt with these situations in the past to free up a domain name owned by a squatter for a client of mine (which was a police department).
Perhaps the fact that the client was a police department helped, but I'm pretty sure it would apply in all cases.
I guess we will have to agree to disagree.
There is plenty of legal precedent on this issue and at the time of the purchase Sirius XM was NOT a trademarked name. He had just as much right to that name as anyone else.
I don't have to "trust you" as there any plenty of documented cases which you can view online. I trust you, in that you had to deal with this situation but not all squatting situations are cut and dry.
In the same vein, why can this site (and others) use the company's name in their title, and domain address? Is it because it is used for informational purposes and you include the disclaimer that this is in no way associated with the company?
Where do you draw the line? When you start selling satellite radios on the main page?:D
Technically, you can't. They could easily contest the domain name if they wanted, but you see, the person is using the domain name, they are building a community on it.
They are actually contributing to Sirius, so Sirius has no reason to shoot down the website, but they very easily could if they wanted to.
The guy who owns siriusxm.com, just bought the name and parked it, and probably had no intention of doing anything with it.
His sole purpose of buying it was hoping one day the merged entity would offer to buy it from him.
If I was in charge of this decision for Sirius, I'd rather pay $20k in lawyer fees to get the domain name, than give the domain name squatter 20k. Mainly because I would want to discourage future cybersquatting and chances are the cybersquatter doesn't have the money to defend the purchase of his domain (which is a absolute SURE LOSE), and it probably would just take one letter from a lawyer to have him begging to give up the domain name for free.
Also, the ICANN (who controls the domain name system) and would probably very easily hand over control of siriusxm.com to Sirius XM without any lawyers being involved.
ICANN does not just hand over domain names.
After a quick search, here is a similar case (where the company who trademarked the name lost);
http://news.domainmonster.com/cybersquatting-onephone/
This is such a large topic that there are books written about it;
http://www.circleid.com/posts/82780_...aw_icann_udrp/
It's just not as clear cut as it is being made out to be here.
Both Sirius and XM have their respective trademarks at the time.Quote:
at the time of the purchase Sirius XM was NOT a trademarked name. He had just as much right to that name as anyone else.
http://en.wikipedia.org/wiki/Anticyb...Protection_Act
http://en.wikipedia.org/wiki/Uniform...olution_PolicyQuote:
In order for a trademark owner to bring a claim under the ACPA, the owner must establish
the trademark owner’s mark is distinctive or famous;
"Sirius/XM" were obviously a well known brands at the time.
the domain name owner acted in bad faith to profit from the mark; and
Obvious also the case, he never did anything with the website, his only intention was hoping Sirius XM would buy the name from him for an astronomical sum.
the domain name and the trademark are either identical or confusingly similar (or dilutive for famous trademarks). Obviously also the case here.
Quote:
A complainant in a UDRP proceeding must establish three elements to succeed:
The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
The registrant does not have any rights or legitimate interests in the domain name; and
The registrant registered the domain name and is using it in "bad faith."
The fact that he has done nothing with the site essentially proves his intentions.Quote:
In a UDRP proceeding, a panel will consider several non-exclusive factors to assess bad faith, such as:
Whether the registrant registered 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;
I think you guys have it wrong. I forsee this one as the new site.
www.siriusxmradio.com
It shows a New Jersey Address. When you go to the site, It shows a login screen for the owner. I think Mel is working on this site, or is working on a deal to aquire it.
WHOIS INFORMATION:
For complete details go to :
http://who.godaddy.com/whoischeck.as...IUSXMRADIO.COM
Registrant:
pandaapparel
16 South Ave West
Cranford, New Jersey 07016
United States
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: SIRIUSXMRADIO.COM
Created on: 06-Sep-04
Expires on: 06-Sep-08
Last Updated on: 03-Jul-07
Administrative Contact:
Marino, Scott smarino@pandaformals.com
pandaapparel
16 South Ave West
Cranford, New Jersey 07016
United States
9082725928
Technical Contact:
Marino, Scott smarino@pandaformals.com
pandaapparel
16 South Ave West
Cranford, New Jersey 07016
United States
9082725928
Domain servers in listed order:
NS1.FASTDNS.NET
NS2.FASTDNS.NET
But SiriusXM was not trademarked, they were 2 different companies. Neither chevy nor ford own chevyford.com... a guy named Ed Chung does.
He could have pages and pages full of plans, products, and logos. Maybe he has a site ready to go live right now? It is totally unlikely but I hope you understand my point that there are a lot of different legalities and precedents. The time it takes go through them all and bring them to trial is worth $XX,XXX easy.
That site has looked like that since 2005;
http://web.archive.org/web/*/http://...iusxmradio.com
I have no doubt that Sirius XM will secure a bunch of these domains, if they are not used in SiriusXM's best interest.