Re: domain name stolen and retrieved the whole story (GoDaddy security mechanism has serious loopholes)
but the most important thing is the first, because I have not registered a trademark. But I have heard that the Trademark Law of the United States is different from that of China. I have carefully consulted the relevant laws. The United States is based on the principle of first use and China is the principle of registration in the first place. In the first place, registration means that a trademark can be protected by the trademark law only after the registration is formally registered. If it is not registered, everyone can use it and do not infringing each other. Because of the first principle of registration, the domestic trademark is often snatch by others, such as the former "central set" trademark is registered as a condom trademark, CCTV can not take them. In the United States, the first principle is that if a long - used and well - known trademark is used by others and even registered by other people, it is also the protection of the first use of the trademark, and others are ineffective. After having a legal basis, my case should be applied to American law. Because I am the Chinese, and the Beijing Secretariat to accept, the expert group is also Chinese, will certainly apply the Chinese law, but in accordance with the Chinese law, I will not be protected by the trademark law. So I write in the complaint that, although the complainant has not registered "52tian" as a trademark, the United States trademark law can be applied as the disputed domain name is placed in the United States domain name service provider GoDaddy and can be accessed all over the world. After
applies to American law, I have to make several proofs. First, I must prove that I first used the 52tian tag. For this purpose, I provided a mail record for registering a domain name in 2005. Second, I have to prove that I continued to use the tag from 2005 to the present, so I provided the whois history of the domain name and the record of the renewal of the domain name, which proved that from 2005 to April 8, 2012, the registration information of the domain name was my own and the domain name was used by myself, and the history of the world's anime network was provided. Page screenshots (from the website history library can be found), from 2005 to the present every screenshot has shown the 52tian LOGO, and I also provided every version of the website program backup from 2005 to date, and the website History page screenshots and domain name history records mutually corroborated. Third, I must prove the link between the 52tian mark and the sky and the human animation network, which can prove from the results of the search engine, that 52tian represents the natural and human animation network. Fourth, I have to prove that the markup is well known, and I provide evidence of third party web site traffic statistics, third party website industry analysis, and the influence of the site in the field. For example, the results and websites of the major search engines have been included in every big Internet navigation website, which can prove the influence of the website in this field.
I have written all of the above into the complaint, and the whole process of account and domain theft has been written in detail. I also said that I did not receive any notice due to the flaw in the domain name service provider GoDaddy, and I found that the domain name was stolen immediately after the theft of the GoDaddy, but they have refused to accept it. I provided videos of GoDaddy vulnerabilities and recording of NetEase customer service as evidence. After I finished it, I checked several times carefully to make sure that every sentence was not omitted, and every evidence was very powerful. At 1 a.m. on May 4th, I sent the complaint and all the evidence to the Beijing Secretariat of the Asian domain name dispute settlement center and forwarded it to the domain name dispute Department of GoDaddy. Then I sent an email to the domain name dispute department, saying that I had submitted the application for domain name arbitration. Please leave my domain name as soon as possible. As the complaint was well conceived and sufficient evidence was provided, at this time I was confident that I could take the domain name in arbitration. The idea of changing the domain name with the original plan of arbitration was completely different. The rest was to wait for the Beijing Secretariat to review the information I submitted, and I only hope that the Beijing Secretariat can do it. Start the arbitration proceedings as soon as possible. Because I didn't have to wait for the GoDaddy to wait until dawn. It was the first day I slept in more than half a month.
5 4, the early morning, 8 not yet, I got a message that my cell phone received a new message. At first I thought the Beijing Secretariat gave me a reply, but I didn't get to the Secretariat at 8 o'clock. A closer look is actually sent by GoDaddy. GoDaddy has never sent an email at this time. Will there be a miracle? I immediately got up and looked at the mail. Miracles really appeared. GoDaddy's revocation Department replied at 7:47 in Beijing time that I sent them the last mail, due to the 15 hour time difference, which should be at 4:47 p.m. GoDaddy, that is, the time of quick work. They sent me a revocation form in the mail and let me fill out the form according to the instructions and send it as an attachment to them. In the mail, they have locked up the domain name to prevent further modifications, and they will start the investigation after receiving my material, and the complaint will automatically end if the material is not received within 10 days. I was so excited when I received this email, and I felt so sleepy that GoDaddy had formally accepted my complaint. Although the domain name has not been brought back, I heard that as long as GoDaddy sent the withdrawal application form, it was half successful. The key is that GoDaddy has locked the domain name, so I can finally feel relieved.
so I immediately filled out the form and returned the passport, together with the notarized ID card and driver's license translation in April 20th. In my letter, I said, "if you think you need any other evidence, I can give it to you at once." After answering the letter, I called the Beijing Secretariat immediately to ask them to cancel my application for arbitration. Since GoDaddy has already been accepted, the possibility of bringing back the domain name is very large, and the arbitration there, although I also have the confidence to win, still has a large risk, and the arbitration cycle is too long, so it is not necessary to take the domain name arbitration. The Beijing secretariat said that my application materials have just been submitted and the arbitration has not yet started, so it can be revoked.