Jay Freeman, better known as Saurik, has filled a lawsuit in the hopes of obtaining rights to the Cydia.com domain name. Saurik owns Saurikit LLC, and he is filing his suit based on trademark infringement.

The owners of Cydia.com have refused to give Saurik rights to the domain in the past, and he proposes a viable complaint that users will be confused by the domain if it does not point to the infamous jailbreak store he created known as Cydia.

DomainNameWire reports:

“Earlier this year it filed a UDRP to get Cydia.com. The UDRP panel ruled against Saurikit, noting that the domain name was registered six years before Saurikit started using the name Cydia.

The company’s in rem lawsuit against the Cydia.com domain name alleges that the owner of the domain name changed the content of the page from a parked page to one about Apple products after it contacted him.”

Jay Freeman’s LLC is requesting that the domain be transferred from the current registrar into Saurikit’s possession, and he is also requesting damages for legal fees.

A PDF of Saurikit’s lawsuit is available here.

[The Next Web]

UPDATE: Saurik himself has commented on this article and shared some insight into this situation with the Cydia.com domain. Here’s his full response:

“The key thing to realize here is that cydia.com, which was originally a website with random ads on it (totally unrelated, obviously, to the iPhone or Cydia), has, over the years, attempted to take advantage of the work that I’ve put into this name, without any quotes for how I might be able to get the domain from them.

Further, when I first reached out to them regarding the domain name, they not only refused to simply sell it to me, but immediately decided to put iPhone-related advertisements on it, which caused a large number of users to believe that cydia.com was, in fact, Cydia: the ads even mentioned things like “get apps here”.

This, of course, violated the registered trademark that I have on “Cydia”: they cannot construct something that attempts to confuse people in this fashion for their monetary gain. Now, what I should have done at this point is, apparently, failed a UDRP: supposedly I would have easily won. :(

However, as I did not have domain name lawyers at the time, my personal lawyer simply said I should file a cease and desist. This resulted in the owners of cydia.com deciding to randomly turn their website into a non-profit forum. They put out a call for moderators, and nowhere on the site was it clear that they were not Cydia.

In fact, they even sent so far as to backdate the post they made to claim the forum had been in existence since 2009, even though it was posted in 2010. (This made no sense, however, given that my trademark was registered in 2008, so I’m not certain why they felt the need to lie about this.)

This forum was actually (unfortunately) quite popular, and (of course) all of the posts made on it were about Cydia: users asking for help, from the people they considered to be the official source. I even received e-mail from angry users claiming they had gotten no, useless, or even incorrect advice when they used cydia.com, as everyone, of course, assumes that I own the domain name: it is just too similar in content.

So, more complaints from me to them (with no response), and the result ended up being this notice at the bottom of the page… the very bottom of the page, where no one even looks (and therefore is not legally useful for them)… that claims that they aren’t actually affiliated with Cydia.

At some point, and I do not know of any triggering event for it, they decided to change the website to something that claims they’ve been “hacked” and hit with “spam”. This has been even worse for Cydia: potential users see this and assume Cydia is some horribly insecure platform.

None of this, however, helped the actual confusion problem: I seriously got a message from a reporter a few weeks ago asking about my plans for cydia.com, which they assumed that I owned. Seriously: they assumed I own cydia.com, and simply was unable to deal with the hacking and spam, and was rethinking it. *sigh*

Regardless, further attempts to reach out to them have failed, which has led to this lawsuit. I think this is the correct thing for everyone involved, and I’m still perfectly happy to come to some reasonable settlement with the owners of the domain name. The hope is that this lawsuit paves the way to actually getting people to sit down and talk at all. :(

So, if you want, you all can sit around and tell me I’m being unreasonable here, but you are simply wrong. These people own many thousands of thousands of domain names (this is not an exaggeration), many of which are one-off typos of existing brands (like wokia.com), and seem to be in the business of laying seeming-harmless land mines that they can use to later twist the knife on otherwise innocent people.

I, certainly, have no issue with taking them to court over this, and my only regret is that the end result of my winning will almost certainly not manage to make any change in their overall harmful business operation. :(

 

  • Dane

    Saurik doesn’t even update the homepage in Cydia what makes him think he can maintain a web page as well.

    I dont think the featured apps have ever changed and some are so old like adding the ability to record video. And do we really need a bulletin about 4.0.2 right on the mainscreen?

    He really needs to keep it more up to date. And I know he blames the repo hosts but limit the number of ads

    • Tji

      You got reason! (:

    • Painman

      +1

    • Stupid is as Stupid does….

      But, when you create something like “Cydia” the first thing you should EVER do is secure the Domain name – before ANYTHING ELSE!!!!

      He blew it – what was he thinking????

      They had the domain for 6 years before – so what it was parked!!! He should have bought it for a few hundred bucks (I’m sure before “Cydia” was released and became popular – he could have bought it from those cybersquatters for just a few hundred).

      Let this be a lesson to all of us, SECURE THE DOMAIN NAME FIRST – or, change the name to a Domain you CAN get and register!

      Now he’ll pay tens of thousands in Legal fees – 99% he will FAIL (again) and then what??? He blew it, and as many of you have already suggested, he needs to move on, change the name to something he CAN own, and update his home page!

      Class over!

      – Eric

      • Emre SUMENGEN

        Definitely…

        Saurik may be (and is) a good hacker and a valuable resource for the community, as well as his firm Saurikit. But this…

        They had the domain since 2006.

        He should have put his efforts into some “free” or “unclaimed” name, rather than crying now.

        And, how the hell could he get Cydia’s trademark? (That seems the only thing the current owners of the site has missed… I’d love to see how the discussion would be if they did back in time :P)

  • I think he should work on Cydia for Mac which is more important 🙂

  • Zenin

    how about he just renames cydia…

    • David

      I don’t think it’s as simple as that imagine the confusion when Cydia is no longer Cydia, people are used to it. Also if you look into the word Cydia it refers to the “worm in the apple” Cydia being the worm and Apple being the apple so it’s an appropriate name.

      • OCD Steve Jobs

        call it Sydia or Zydia

  • Sauqik

    If it was registrated 6 Years before he even started with Saurikit, then i think he needs to get outta his bed and start shaving his beard. Cydia.com is NOT his property. This site was here before the slow cydia virus came to our iPhone’s. And indeed iOS 5 is about to be released and the home page still warns you about “Don’t Upgrade to 4.0.2”
    I think he can’t find his keyboard under his beard…
    “And he is also requesting a fee for the damage” … Uh… Wtf? Wich damage? Does he actually think that people where gonna visit cydia.com just so they could look at the “Upgrading to 4.0.2?” button again?

    – Cydia + Saurik.com are horribly outdated. That’s just my opinion. I’m waiting for Installer 5..

    • David

      OMG hilarious mate.

    • Rehan

      Well said. Completely agree. Saurik is trying to write a sob story hoping to get the community behind him and help him steal someone else’s property. The guy does some good things with Cydia but he also thinks he’s such a godsend. He needs to realize if he hadn’t made Cydia, someone else would have. All I ever see him do is whine about how much he works on Cydia and how it doesn’t pay him much at all (doubtful) and how he’s a victim of blah blah blah.

  • soccerkrzy

    The website has this disclaimer:
    “Cydia” is a trademark of SaurikIT, LLC registered on Mar 30, 2010.
    “Cydia.com” is NOT affiliate with SaurikIT, LLC and its products/services in any way.

    Don’t think there’s any confusion. And as Dane says, maybe Saurik should work on Cydia a bit more than frivolously suing people.

    • OCD Steve Jobs

      he will lose…and i hope they counter sue and make him not only pay his own legal fees but cydia.com’s legal fees also!

      and shave the trashy beard, oh and buy a new t-shirt. they are cheap these days

  • 2zafe

    I miss Rock.

    • Sauqik

      We all miss Rock. ( And Installer )

      • Emre SUMENGEN

        Sorry guys, but rock was BS 🙂

  • Andy

    Love Rock. Cydia is garbage.

    • Sauqik

      Installer 5 will replace cydia for me.

  • 2zafe

    Talk was that after cydia gobbled up rock we would begin to see it’s influence, design/function wise… I frankly don’t see a damn thing other than the fact they have all of their exclusive apps.

  • kc

    Check your tips section! Also check out the original source under THE NEXT WEB article!

  • Sauqik

    i wasn’t joking about installer 5 by the way. I found this http://installer5.com – NoSpam

  • Tim Koepp

    Saurik is a big cry baby. I hope he loses and he has to pay damages.

  • OCD Steve Jobs

    he must have a big head thinking he can bully people around and force people to give up what they own and give it to others who don’t deserve it…who does he think he is, Obama?

  • CrazyBraulz

    He reminds me of Apple… 🙂

  • Tsiv

    Why all this undeserved anger towards Jay? Probably one of the most important men in the jb scene. What if he choses a losing battle? None of our business. One small defect and you hate the whole guy! Chill! Sheeesh!

    • Vitica7

      + 1
      Chill Out!!

    • Emre SUMENGEN

      Well, at least for myself, I don’t hate him… Just telling that’s not a good thing to do.

      He should consider trying to persuade the guys, or would try to get a similar -like CydiaStore.com etc- domain and promote it, much more than cydia.com. He can absolutely do this… A tweet from him and a few retweets, and cydia.com would be visitor-less for sure.

      So, what’s the fuss about trying to something from it’s rightful owner? Should people just tap his shoulder even when he does a wrong thing, just because he’s keeping our repositories?

      Remember, Cydia is just a GUI… You could have done the same thing with the apt ports, which are already installed on your phone. (He does deserve respect for those ports and all tho.)

  • Tsiv

    Where would you be without Jay Freeman, huh?

    • Painman

      You talk like everyone with an iDevice has JB’d it!!! Now THAT would be presumptuous

    • soccerkrzy

      I would just be a happy Android user then, you’re not making much of a point.

    • zYx

      They are right.

  • The key thing to realize here is that cydia.com, which was originally a website with random ads on it (totally unrelated, obviously, to the iPhone or Cydia), has, over the years, attempted to take advantage of the work that I’ve put into this name, without any quotes for how I might be able to get the domain from them.

    Further, when I first reached out to them regarding the domain name, they not only refused to simply sell it to me, but immediately decided to put iPhone-related advertisements on it, which caused a large number of users to believe that cydia.com was, in fact, Cydia: the ads even mentioned things like “get apps here”.

    This, of course, violated the registered trademark that I have on “Cydia”: they cannot construct something that attempts to confuse people in this fashion for their monetary gain. Now, what I should have done at this point is, apparently, failed a UDRP: supposedly I would have easily won. 🙁

    However, as I did not have domain name lawyers at the time, my personal lawyer simply said I should file a cease and desist. This resulted in the owners of cydia.com deciding to randomly turn their website into a non-profit forum. They put out a call for moderators, and nowhere on the site was it clear that they were not Cydia.

    In fact, they even sent so far as to backdate the post they made to claim the forum had been in existence since 2009, even though it was posted in 2010. (This made no sense, however, given that my trademark was registered in 2008, so I’m not certain why they felt the need to lie about this.)

    This forum was actually (unfortunately) quite popular, and (of course) all of the posts made on it were about Cydia: users asking for help, from the people they considered to be the official source. I even received e-mail from angry users claiming they had gotten no, useless, or even incorrect advice when they used cydia.com, as everyone, of course, assumes that I own the domain name: it is just too similar in content.

    So, more complaints from me to them (with no response), and the result ended up being this notice at the bottom of the page… the very bottom of the page, where no one even looks (and therefore is not legally useful for them)… that claims that they aren’t actually affiliated with Cydia.

    At some point, and I do not know of any triggering event for it, they decided to change the website to something that claims they’ve been “hacked” and hit with “spam”. This has been even worse for Cydia: potential users see this and assume Cydia is some horribly insecure platform.

    None of this, however, helped the actual confusion problem: I seriously got a message from a reporter a few weeks ago asking about my plans for cydia.com, which they assumed that I owned. Seriously: they assumed I own cydia.com, and simply was unable to deal with the hacking and spam, and was rethinking it. *sigh*

    Regardless, further attempts to reach out to them have failed, which has led to this lawsuit. I think this is the correct thing for everyone involved, and I’m still perfectly happy to come to some reasonable settlement with the owners of the domain name. The hope is that this lawsuit paves the way to actually getting people to sit down and talk at all. 🙁

    So, if you want, you all can sit around and tell me I’m being unreasonable here, but you are simply wrong. These people own many thousands of thousands of domain names (this is not an exaggeration), many of which are one-off typos of existing brands (like wokia.com), and seem to be in the business of laying seeming-harmless land mines that they can use to later twist the knife on otherwise innocent people.

    I, certainly, have no issue with taking them to court over this, and my only regret is that the end result of my winning will almost certainly not manage to make any change in their overall harmful business operation. 🙁

    • Dane

      I thought THE saurik might make an appearance in these comments. I honestly understand you wanting the cydia domain name and don’t see why they wouldn’t sell it to you.

      I just want to see the home page on cydia updated.

    • Painman

      I honestly understand you wanting cydia.com too, but you were 6 years too late. It’s harsh I know, but there we are

      • Emre SUMENGEN

        That’s the right spirit 🙂

        Sorry Saurik, try to reason with them… Or like I said, try to promote a real Cydia website and they will in time come to you to sell it.

        But, other than that, you obviously have no standing grounds.

        Are they using the “Cydia” name? No. (Cydia.com Apple Forums… Well, just fine I believe)
        Are they trying to claim (in naming or looks) to be the Original Cydia? No

        So what? What if users are somewhat finding that site? Pay google and buy the search results.

        (I’ve been using an iPhone for 4 years -all jailbroken thanks to you and all the ppl of JB scene- and have NEVER visited cydia.com, until I saw this post… LOL, you’re promoting their site.)

    • Emre SUMENGEN

      “So, more complaints from me to them (with no response), and the result ended up being this notice at the bottom of the page… the very bottom of the page, where no one even looks (and therefore is not legally useful for them)… that claims that they aren’t actually affiliated with Cydia”

      Sorry man, that really doesn’t make sense…

      Have you checked where Microsoft’s, Apple’s and other big guy’s notices are? Yes, at the VERY bottom of the page.

      • Emre SUMENGEN

        You’re talking as if they NEED to do something that would make you happy or comfortable… Sorry but, get this, they don’t and they shouldn’t (as any sane judge would rule).

        (Can’t comment on how a lawsuit proceeds in the US, as you guys over there have a very weird system running…)

  • Julian

    LOL now this is on cydia.com:

    Due to massive malicious attacks and overwhelming spam activities recently by hackers, our forum unfortunately has to be temporary suspended for major maintenance, please check back later. We are sorry for the inconvenience.

  • Chris

    I don’t care what he does. He just types to damn much. If he talks that way I feel bad for the people who hold conversations with him.

    • Emre SUMENGEN

      LOOOOL

  • Greensprout

    Jay just wants a monopoly on all things Jailbreak..
    He made out that Rock would be bought out to benefit the user, no evidence of that yet.
    The only thing he has done is gain most/all of the market place.
    Resulting in less choice for us.

    He’s in it for personal greed and nothing else.

  • Dude

    Yes, Cydia is a little outdated but the fact is, it is used in jailbreaking an IOS device.
    If your against Cydia, then don’t jailbreak your iPhone or iPad or iPod’s. That’s it. Use an Android or something.

    • Emre SUMENGEN

      Sorry man, you’re out.

      Cydia is really not a necessity, but a very convenient tool.

      Other hacks and ports of Saurik himself, well, they are necessity.

      Cydia is basically a frontend for the package management system. That very system can be invoked from a command prompt, if you wanted. So, any installer would do.

      And, also, although Saurik has done a few good enhancements with it on 1.1 version, it’s “Reloading” and “Loading” screens are still bugging me way too much. I’d try if an alternative existed…

    • Emre SUMENGEN

      And, you can absolutely have a jailbroken device without Cydia…

      (A friend asked for that… He didn’t want to update but was afraid of the SSL exploit. So a quick jailbreakme.com visit and a few installs later -including openssh and sbsettings- I removed Cydia… Nothing broken.)

  • RanKer

    i dont go into iphone forums much, but as i know before this, Saurik is Cydia.com owner, His name on the Program!, everyone knows him not some hidden domain name owner.
    the domain owner has the right to take a cut cause You saurik used his/them domain to be famous. Consider sharing dear, give them 20% of profits and am sure they will agree if they have no chance in court

  • RanKer

    you need cydia sources such as installious @Emre SUMENGEN
    it would make things easier for jailbroken devices

    • Emre SUMENGEN

      They are not Cydia sources, @Ranker…

      Type them in /etc/apt/sources-list.d/blabla and run apt-get update in terminal… You’ll be set to go.

      They are repositories and really not directly related to Cydia or Saurik, aside from Telesphoreo, as far as I remember.

      So, I’d suggest “repository debian package-management apt” keywords for google…

      And, install0us is -as far as I can say- not a repository that Saurik himself would want to promote…

      • Dude

        Is there any other terminal or iFile like that we can use other than the one that we get from Cydia? And how do I install them in iPhone without using WinSCP?

  • Stephanie

    Saurik’s explanation was very well written. I hope he wins the lawsuit as the name Cydia is rightfully his, regardless of whether he failed to gain the domain name from the get-go

    • Emre SUMENGEN

      Well, not to cause a flame, but do you REALLY think owning a trademark grants you ownership for a domain-name?

      And, if yes, for which domains? I mean, you do know that aside from .com/.net/.org, there are plenty of suffixes, like .cc, .tc etc…

      So, does he also have the right (or own already) cydia.cc?

      What would you think?

  • Nice

  • Nice wayed

  • DuskFall

    I believe he should and has it in him to win this battle, He owns the copyright and the website has been deliberately misleading most, if not almost all of its visitors with its misleading information. If the domain owner cannot be responsible with ownership of the site in a powerful position, then he (or she) should give it up. Personally, i think that the web domain should be sold to saurik and everyone leave it at that.
    And why all of these complaints towards saurik? He has been an incredibly large contributor towards the jailbreak community, he has almost single-handedly released the most popular frontend to apt that exists (proven) and he has released a lot of useful software for the community. Contrary to popular belief, he doesn’t make as much money as he used to in his consulting job, because he is being CHARITABLE, he is doing this for the COMMUNITY, and if all of you people out there who have filed complants against saurik because of this, and other issues, are part of the community, i’m am disgraced to share this community with you. Shall we tackle them one at a time? “Saurik doesn’t even update the homepage”, I say, can you blame him? I’m sure working on Cydia 1.1.3 as well as working on Cydia for mac are difficult too, which might be taking u most of his time. “How about he just renames Cydia”, This has already been tackled, it refers to the “Worm in the Apple” which is what the Cydia Installer is. “Jay just wants a monopoly on all things jailbreak”, I am pretty sure he doesn’t because if he was trying to monopolise jailbreaking, he would be expecting money to come with it, and as I understand, saurik doesn’t make nearly as much money as he did before. So that is a pointless statement in my opinion.
    For all you people who have made complaints out there, I side with saurik on this, Cydia has been a something for the community, not for monetary gain, something to give back to all the jailbreak users. The owners of Cydia.com have been immature, trying to defile saurik’s name with their site. And all you can do is complain about saurik. Frankly, all of the peple who have moaned and winged about Cydia or saurik, go you write your own equivalent, spend 3-4 years doing it, face innumerable problems, face loss of money, face all the complaints that Jay has gone through and then come back and make a complaint.

    • Emre SUMENGEN

      Although you have good this stated (about his contributions tO the community, which noone can deny), your post in total does make no sense at all.
      Because it’s IRRELEVANT.
      This is not about saurik’s contributions, but his try of getting something by force, something he doesn’t have tight to, something he doesn’t own.
      As it is stated above, the domain is registered way before he got the copyright, even before his work of jailbreaking began. The owners are definitely not trying to get anything from him, not using his copyrighted name, doing nothing at all. (They might as well choose to park the domain with a homepage full of ads, nothing would be wrong with that.)
      This situation, although unlucky, is nothing weird. He simply doesn’t have standing reason to force the owners to give up their long-ago registered domain. He would try to persuade them or try to de-promote their fame… Both, he could have done easier than going through that legal (and un-right) battle.

      • Dude

        Did you say Saurik have the copy right of the name Cydia? If that’s the case, I think Saurik have the edge to win the court battle. But if cydia.com have made a patent or trademark of the name before Suarik got the copy rights, then its bye bye ownership to Surik. It is just similar to the cases of Apple, Samsung and others, its all about the patent, copy rights and stuff.

      • Emre SUMENGEN

        Again, having the copyright for a name and having that domain is very well IRRELEVANT… And, the current owner absolutely has advantage, as they had the domain registered way before Saurik got the copyright.

  • DuskFall

    Its wasn’t really supposed to be relevant, I was just deeply, deeply annoyed at all of the people posting complaints against saurik.

    • Emre SUMENGEN

      Well, as I said, people should give his credit were it’s due… He’s a valuable resource for the community and noone can deny it (and yes, there are some people complaining, not really relevant with the case, too).
      But,
      1) They are right for one thing, and you accept that: Saurik is busy, to say the least. Having cydia.com domain would not help the community, as he’ll probably be so busy to update it. If he had time, Cydia main page has been lacking attention for a longer while. So, that’s a valid complaint, to say that he’d first attend Cydia’s homepage, before looking for a web forum or alike.
      2) Being a valuable resource shouldn’t give anyone the right to complain or cry out when he’s not right. And, that’s what he’s doing right now, with this case. So, he ALSO deserves to be boo-ed, just like any other guy.

      That’s what I’m saying.

  • Gooner

    Just because Cydia.com was registered by another party BEFORE Saurik doesn’t mean Saurik isn’t entitled to Cydia.com. Saurik owns the trademark to Cydia which is a repository for iPhone apps and is known for that.

    Cydia.com was a parked page that based on the success of Saurik’s repositories then started hosting an apple forum and attempted to make money screening iPhone ads. This would lead to confusion and infringe on Saurik’s trademark as his Cydia repository is known for his IOS work.

    I’d refer you to the case of a Cybersquatter who registered the Wayne Rooney domain BEFORE Wayne Rooney became famous and began developing it after Rooney became hot property. He was ordered to hand it over.
    Read it here: http://www.wipo.int/wipo_magazine/en/2006/06/article_0008.html

  • Mxs

    Skidding

  • vageta

    I want to jail break my iPod touch 4.2.1 version but I can’t!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!