The Long, Frustrating, Sad Tale of MartinStreek.com

mouseIn March, I wrote martinstreek.com: Help Me Get It Back Online. I saw martinstreek.com was offline and I wanted a tribute there by the one year anniversary of his death.

Jo Fergus left a comment explaining the unfortunate situation.

This doesn't look good...

Based on the registration dates of the domain name, it seems that martinstreek.com likely expired, and was re-registered less than a month ago!

What this indicates is that (once again) some anonymous, lazy, parasitic domain "squatter" is sitting on this known name/brand to generate revenue for themselves with every click on their illegitimate site. The only way to stop them would be through a trademark dispute via WIPO.org

martinstreek.com
Creation date:
27 Feb 2010 13:24:00
Expiration date:
26 Feb 2011 11:19:00

Pete from coreFusion Inc., another reader of this blog, knew people at the registrar, and wrote me this update.

The domain expired. The way they work, I'm sure you know is the domain account holder is notified, if it was Martin, these went nowhere. After it expired, eNom registered it, they are basically squatting on it. I have sent correspondence to them to the effect that I would like to acquire it. We'll see what happens there.

The person squatting on martinstreek.com and essentially holding it ransom used a broker, and here's the email we got from the broker when we inquired about the domain name.

Hello,
 
The seller is asking $3000 USD for martinstreek.com
 
Let me know how you’d like to move forward.
 
Best Regards,
 
Jacob
jacob@acquirethisname.com
Aquirethisname.com

Around this time, I was contacted by the web guy for Ubiquitous Synergy Seeker, an awesome Parkdale group that was very close to Martin and sincerely appreciated his support. He had read my plea and offered to help us get martinstreek.com back. He noted that Aquirethisname.com's work on behalf of the seller was against the cybersquatting act and the ICANN law, so we contacted the WIPO who told us to file an official dispute. The cost for a hearing would be $3000, exactly what the cybersquatter was asking for.

We contacted the seller again to let them know they were violating those laws and we were told us to send in proof of trademark. Unfotunately, Martin never trademarked the name "Martin Streek", so the only foundation we would have to go on is intellectual property law. But that would require the WIPO and the aforementioned $3000 filing. Clearly WIPO is designed for corporations and money-rich megastars who have millions to throw around, and not the common person. He contacted several lawyers on the WIPO board who refused to let us know if it was a valid claim. We decided not to go through WIPO, determining that could be pointless and a waste of money.

The entire ordeal was quite frustrating, and in the end we accomplished little. But we tried. Man, did we try.

In addition to all the help I got from Pete and USS for letting us use their lawyer, I want to thank Pat Leyland for his help.

A few months of back and forth with the registrar/seller and we're at an impasse due to the unique circumstances of the situation. Overall, it's just a highly unethical, illegal situation that can't be fought without what seems like endless resources. martinstreek.com remains offline, without a tribute to Martin, and for that, I'm truly sorry.


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Comments (17 - click here to join in!)

TCN

Frustrating indeed. Awful stuff. Kudos to you, Mike, and the others for persevering...

July 9, 2010 @ 1:41 PM

Ajax Mike

Ugh, horrid. Good on you for trying though Mike, can't imagine how frustrated you must be.

Without the trademark in place however, is the squatter in fact in violation of that law? If they are, why would it cost money to get them prosecuted for breaking the law? Isn't that what the courts are for? Guess I'm just naive. Blah.

July 9, 2010 @ 2:00 PM

Diz

Surely that a family member can challenge the use of the URL, right? There's loopholes around everything. If Canadian Tire can sue someone for registering craptire or whatever, you can do it too.

July 9, 2010 @ 3:06 PM

jason | getyouroj.com

I can't wait till karma bites this mofo n the ass; I'll be the first to piss in HIS grave.

July 9, 2010 @ 3:43 PM

jason | getyouroj.com

Mike.... why can't you, we, or someone do something at www.martinstreek.ca

I'll front the 20 dollars a year for the domain myself....

I can probably host it on a server for free, or for cheap.

I'm willing to help with any of that or set you up with those contacts

What do you folks think?

July 9, 2010 @ 3:53 PM

Cambo

Agreed. www.martinstreek.ca is available but probably won't be for long...

July 9, 2010 @ 5:06 PM

handsome b. wonderful

@DIZ - an immediate family member can challenge it, but again it would need to go thru the WIPO process (and fees along with it). it's just not something the family should have to deal with after laying their son to rest a year ago. it takes a special kind of lowlife to capitalize on a situation like this, but unfortunately there are many people out there that do this sort of thing.

July 9, 2010 @ 6:42 PM

hbw

and just as a follow up to that regarding canadian tire. they probably have people on the payroll dedicated to scouring the internet for anything remotely negative about them, and the WIPO is designed for big corporations like that with infinite resources. it would cost the exact same amount of money for canadian tire to try and secure canadaintire.com from a cybersquatter as it would for martin's family to try and get the domain back. it's an unfair process and upon extensive research and domain related message board reading, you'll see how corrupt the actual decision making is.

July 9, 2010 @ 6:47 PM

jason | getyouroj.com

So you wanted a tribute so badly but when a solution stares you in the face you do nothing. I guess your real concern was passing yourself off as the CNN of radio blogs then...

July 11, 2010 @ 8:04 AM

Toronto Mike Verified as the defacto Toronto Mike

Don't be dense, Jason.

I'm well aware I can pick up another domain name, this was about reclaiming Martin's domain name.

July 11, 2010 @ 8:36 AM

Irvine

The domain expired, someone else picked it up, likely based on past information on website traffic. I really doubt someone purposely set out to pick up the site and "capitalize" on his death.

I will side with Jason Patterson. Too much on this blog always seems to be you marketing yourself. Rather than register .ca (with someone offering to pay) you choose to bitch and whine about it. You'd rather whine than "do". It strikes me as almost opportunistic.

I mean really Boon, if you cared SO much about Streek, you'd STFU, register the .ca domain and build a tribute website. Or maybe you should turn off the computer and go see your family sometime.

July 11, 2010 @ 1:12 PM

Toronto Mike Verified as the defacto Toronto Mike

Respectfully, Irvine, you're an ass.

July 11, 2010 @ 2:49 PM

Irvine

Show me the money Boon. Rather than whine endlessly about Streek why not build a memorial site?

Wanna know what's more hypocritical? Your ass is always talking about how "wrong" this whole Edge 102/Streek thing was yet Toronto Mike is still listening. Edge 102's "house nigga".

July 11, 2010 @ 3:28 PM

gump

Wow.
I don't know Jason or Irvine personally, but I question their judgment if they use a blog comment site to vent against the blogger. I don't know Mike either, but I highly doubt that his motives aren't well intentioned.
Jason/Irvine - you using this forum for venting negatively about Mike is as bad as your (unfounded) accusation against him, IMHO.
Thanks for listening,
Gump.

July 11, 2010 @ 7:04 PM

jason | getyouroj.com

Oh no! I used to comment section to comment! Villianize me! Are you fucking serious? It's as clear as day where Mike's interests lie. He wanted to wear his little journalist hat and tell the story. But give it a better ending? Nah, why bother? That might actually cost 20 dollars a year..... steep.

July 12, 2010 @ 9:25 AM

Toronto Mike Verified as the defacto Toronto Mike

Guys, you're just too quick to call me out here.

I have a plan, and the wheels are in motion, I'm just not ready to write about it yet.

Patience...

July 12, 2010 @ 9:38 AM

hbw

in all fairness to mike, his original intention was to put the tribute on martinstreek.ca but i asked him to delay it as getting the .com back was a possibility at that time since we've been involved with 'rescuing' domains before, just not in a unique situation like this.

@irving - the seller was made aware of the circumstances and was appealed to on an ethical basis as well, yet did not care and the selling price was still not lowered. if it wasn't "capitalizing" at first, it certainly was after being informed of the situation. obviously there are minimal ethics involved with scooping domains as a business...

i don't think mike was bitching or whining, but rather informing people on the process that was adhered to and how frustrating it all was. not to carry on with pointless internet arguments, but it's pretty low to misinterpret the good intention behind this as an opportunistic thing.


July 21, 2010 @ 12:58 PM

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