Get this...

JaguarPC develops HostGUI the control panel, and gives it a website http://www.hostgui.com

Now up comes Burst.net on Feb 3 and they decide they are going to register http://www.hostgui.net

For what purpose? I can't think of any good reasons why Burst.net would register that domain name???

Sean, any comments...

Michael

that is sus..

Maybe they plan to be a distribrutor...

Originally posted by method5
Maybe they plan to be a distribrutor...

No, and it will never happen.

I just seen your other post about it, my mistake. sorry! =)

Shame on you Jag :D .. how could you let the .net pass you by ? ;)

Now that is either a big case of copy cat or cybersquatting, what the hell??? Anyone from burstnet gonna explain themselves?

Regards
Ben

That is what I am waiting for.

Some kind of lame excuse from Burst...

Tim said the following on this thread at HostGUI.net. Post 23:
http://www.hostgui.com/support/forum/showthread.php?s=&threadid=486


I talked to someone from Burst and told them it was wrong. He said a domain name is a domain name and anyone can register it. I said well you didn't have to register hostgui.net that is fully rights to hostgui. COPY CaTS!.


Not sure how true it is though.

Michael

When you register a domain name, make sure you register at least .com and .net (also, .org if you want to). I am surprised that HostGUI can miss the .net name. Now ... hopefuly HostGUI is already trademarked ... who knows Burst will trademark HostGUI even before JaguarPC does? That would be too bad ....

cheers,
:beer:

ThankFully I was the first to find this :). If It wasn't for me I don't think we would have ever found it.

That was a major oversight on the part of Jaguar and reminds us all to protect our branding with .net, etc. Certainly, there are trademark issues and ICANN protests to follow.

Regardless of the oversight on the part of Jaguar, this is clearly Burst.net trying to capitalize on those who enter .net in error. This has been a very effective strategy on the part of many internet companies. However,

As much as I have made it a practice never to criticize a competitor, I will break that practice in this case. This was a classless action on the part of Burst.net.

Wonder if the owner of burst.com will take advertising? Just random thoughts....or maybe will sell for a price....

Or do you think the owner of burstnet.com will perhaps. I remember going there before by accident....

Just random thoughts, but not being a person of vengeance have dismissed them. Just let burst.classless deal with the repercussions.

Actually the TM was initiated just recently. Anyways this is the last public post I can make on this topic. Thanks for you support guys.

This is a very bad move on Burst's part. It's not only obvious that this was done intentionally to distract business from HostGUI, but since they are offering a "similar" product, it makes matters even more interesting.

I have never commented on any competitor or hosting company in a bad way but I too will make an exception to this one, I have commented on this on HostGui's forum and care not to repeat myself here in detail however I will say this is extremely immature of Burst to do this and you have definitely shown your true business ethics.

OK, I'll be the devil's advocate. . .

There could be just an infinitesimal chance that burst.net noticed the oversight and plans to give the domain name to JaguarPC as an act of noblesse oblige.

Whaddya say, Sean?

I wonder when "damages" could begin to accrue? Every CPanel sale made going forward could be considered a loss to HostGUI. Would damages start when HostGUI is released, or since the preorder has already occured will it already be a factor?

I hate that burst would pull such a low-down and dirty trick, especailly after publicly chastising another for doing the same. Hipocrites indeed.

I hope all works out in the end for you Jag, you seem like a class act from everything I've read.

Scott

It's just horrible that a host this large even with their own data center would try cheap low down tricks like this.

Originally posted by method5
It's just horrible that a host this large even with their own data center would try cheap low down tricks like this.



Its not a trick, its stupditiy, this is trademark violation, which is something you can get sued over, and by how Jag posted, this is looking like what is gonna happen....

Normally after 5 to 6 post in a thread about BurstNET, he come out and start arguing with everybody about his great customer service, business ethic and dedication and how great is BursNET.

Now we can see how their business practice are really...

I will never in my life do business with those kind of personage.

This is crazy. I'm just wondering what the heck Burst.net was thinking when they registered the domain. It is COMPLETELY obvious to me that eventually somebody on this forum would find out that Burst did this. There is simply NO excuse for Burst on this one. They new exactly what they were doing, and knew exactly what the reaction would be of the people who post on this board. Being a host themselves, they are well aware that ICANN does not allow this cyber squatting/trademark infringement. Yet they decided to go ahead and register the domain anyway.

I simply cannot believe this. Stupid, stupid, stupid.....

:angry:

I am no one to judge, but Burst might be decieving you on how "world-class" their data center is. I was told by someone who toured it, that it was in the back of a food deli. It wasnt me personally though so I can not 100% confirm it. However the person who told me was a good source. This move seems sour, I'd like to see burst try to defend this, without adminting doing something with wrong intentions.
Steve Porter
SwiftyHost Management

EDIT
I was thinking on this, and perhaps someone else registered it and forwarded it to burst. It'd be nice if Burst would comment

They not only copied hostgui.com, but they stole allstate insurance slogan.

Their slogan reads "Relax you are in good hands"
Allstates slogan reads "relax you are in good hands with Allstate

That could of been true if it was not useing HOSTNOC.NET as its DNS as that is BurstNet's DNS servers as shown below.
I can't bleave they would even do this..


Server used for this query: [ whois.opensrs.net ]

Registrant:
BurstNET Technologies, Inc.
PO Box #591
Scranton, PA 18501-0591
US

Domain Name: HOSTGUI.NET

Administrative Contact:
Administration, System nic@burst.net
PO Box #591
Scranton, PA 18501-0591
US
570-343-2200

Technical Contact:
Administration, System nic@burst.net
PO Box #591
Scranton, PA 18501-0591
US
570-343-2200

Billing Contact:
Administration, System nic@burst.net
PO Box #591
Scranton, PA 18501-0591
US
570-343-2200


Record last updated on 06-Feb-2002.
Record expires on 03-Feb-2003.
Record Created on 03-Feb-2002.

Domain servers in listed order:
NS1.HOSTNOC.NET 66.96.193.3
NS2.HOSTNOC.NET 66.96.194.3



P.S. But wait guys Burst is NOT CPanel so how is this a trademark problem they are simply a host. CPanel is CPanel just like DarkOrb is DarkOrb they are the CPanel makers not Burst really. Burst is just a reseller for DarkOrb am i right in this..


I AM NOT TAKEN BURSTNET's SIDE.. I would also like to here from the great BurstNet on this one should be real funny this time..LOL

Burst.net does have an ownership interest in CPanel.

Hmmm... Did not know that i thought Nick owned it. Guess i was wrong.. :(

Maybe burst will tell us some day..


They should post here with in 4 days kind of like there support.. LOL

It's amazing how shy Sean has suddenly become. Yes, there are several owners as shown in their reseller relationship for the product as well as the prices they offer on CPanel if you host with them.

BurstNet you for got about HostGUI.org any one else want it.. LOL Hey jag if i was you i would register that bad boy ASAP before BurstNet does..

Hell i all most did my self.. j/k ;)

Any news from BurstNET and Sean ???

I really want to see how Sean will explain their way to do business, maybe the next step is stealing design and after that customer???

Originally posted by Incognito
Burst.net does have an ownership interest in CPanel.
No Burst has an interest on NocSoft.. Cpanel is owened by Nick Koston (Darkorb) .. totally seperate from Burst

Originally posted by CRego3D

No Burst has an interest on NocSoft.. Cpanel is owened by Nick Koston (Darkorb) .. totally seperate from Burst

But Nick is on BurstNet's payroll. Strange bedfellows. . .

Thats what i thoguth as well..

Funny thing is when we have talked to support at burst some have told us nick does not comein to much any more.. I have no idea if this is true or now..

Hell with all the updates to CPanel never know we could get up one day login to WHM and it HostGUInet.. hehe

Originally posted by alchiba


But Nick is on BurstNet's payroll. Strange bedfellows. . .

Along with the fact that Burst is listed on cpanel's web page as a distributor... I don't know about any legal ramifications of that, but I guess bare minimum it shows that they are somewhat affiliated with cpanel...

BurstNET,

A word for you: DIE :D

Originally posted by josephp
A word for you: DIE :D

Um, let's not go overboard.

I have clients that use Plesk, Cpanel, webpanel, Webmin and allready plan to use Hostgui ect...

As long as the people make bucks to pay hosting, and are happy with thier prefered control panel, business is business.

On the other hand, Jaq being a Ex VDI client, I still think jaq and I re very good friends and maintain a professional attitude toward each other.

Originally posted by William
On the other hand, Jaq being a Ex VDI client, I still think jaq and I re very good friends and maintain a professional attitude toward each other.

Spoken like a true diplomat. Hmm, do I smell JOA?? :D

You people have obviously not done your research:

BurstNET IS a registered trademark...
hostgui is NOT.

This is not a violation of trademark laws, when no trademark exists for "hostgui"

There isn't even one in the approval progress listed in the US GOV trademark database system.
If there was, we would not have registered the domain name...

And for those of you that may feel this is not wrong, but just in bad taste, you are entitled to your opinion...as we entitled to our own. And our opinion is that hostgui is nothing more than a knockoff/copy of CPanel...

Sean R.
BurstNET

Maybe sean needs to do a little reading. Before going into business its always adiviseable to do a course in consumer law and business law (including tax, patents and trademarks).
i rechecked this just to be 100% certain.
a trademark comes into being in two ways- one through its use and two through its registration.
The first route servers to protect an existing publicly known mark the latter to allow companies to register a name before its released from behind nda protection. In this case hostgui was already known and in use even though the product had not been released. The law specificly states in the UK (the US law is extremely similar) the a trademark comes into existance via the first route after 'sufficient use' has been made and it should be affixed with TM or R if registered. The phrase sufficent use is used to allow for some flexibility in the judgement, in a case such as this where the company has no claim to the domain whatsoever they are clearly in violation. Under normal circumstances, in conventional business this usually requires anything from several months to several years depending on the specific case. In the UK the specific law is name"passing off" although in other countries it can covered by unfair competition law and to action a claim the plaintiff must demonstrate that its owns 'the reputation' of that product being related to itself and that it has been disadvantaged for a financial settlement to occur. Thelaw on cybersquatting varies from country to country and i must admin my knowledge of US law in this area is currently lacking, from the ICANN \ CORE etc dispute route JaguarPC clearly have the rights to the domain.
From a legal standpoint, my advice is for BurstNet to turn over the domain name, as a legal corporation they will recieve a letter (an intent to persue legal action) from an attourney costing very little to produce from JaguarPC which will require them to seek legal advice which will be costly, far in excess of the 20-50 dollars the letter would cost. They would loose the domain name, 100% definate. As to any renumeration, JaguarPC would need to prove that damage has been done to their business by this action which would be hard to prove as the product hasn't yet been released and there is no defamatory content on the .net site.
The only damage done here is to BurstNet who have lost the respect of the vast majority or the users of this site and anyone who hears of this.
Fortunately this is a clear cut case, BurstNet have no claim to the name, and Hostgui is a trademark, not of the registered variety but a trademark all the same.
Sean i would suggest you release the domain before it costs you a lot of money and a formal public apology wouldnt go amiss.
Learning the law would also help before making rash statements which are frankly incorrect.
Two wrongs do not make a right, if you claim Hostgui is a copy of cpanel then i suggest you persue it via legal channels rather than making libelous statements in a public forum that have left you open to more legal proceedings. Luckily in this case you prefixed it with "And our opinion" so any settlement would be lesser after taking into account what people will think of your opinion.
I cannot stress how important it is for people in business to know the law. It exists for a reason, to maintain a civilised society and to abide by it one must know of it. You cannot provide a service to the public and run a company if you are not aware of the aspects of law pertaining to your business. Imagine if your bank didnt know the law, youd be unimpressed to be sure.
To Jaguar I advise stronglyin the future not to overlook common major extensions, theres always going to be some joker out there without the wits to realise how much it will backfire on him\herself until they find themselves before the beak and facing at best a severe settlement and legal costs and at worst a stretch in a room with a bloke called sally and a passion for pain, after they end up bankrupt.

thread locked, can we keep this issue to one thread:

http://www.webhostingtalk.com/showthread.php?threadid=34872