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You all remember cybersquatting, a popular sport in the late 90s, right? McDonalds.com, JenniferLopez.com, Hertz.com and Avon.com thankfully all point to the right web sites today, but thaiairline.com, mcdonald.com, luftansa.com, gugle.com, barnesandnobles.com and other misspellings are fake web sites intended to trap the casual surfer with a hand that's a bit too much quicker than the eye... If you want to go to the McDonalds web site, you don't even spend the 10 seconds to look it up -- you will type McDonalds.com and expect to see the latest dollar meal menu. But the same is true for the other popular form of communication -- email... more
Companies sometimes find that opportunistic purchasers of domain names (often referred to as "domainers"), will purchase a domain name quite similar to that of the company, and establish a site at the URL loaded with revenue-generating sponsored ads. To accomplish these purposes, domainers seem to prefer the services of companies like HitFarm and Domain Sponsor. A web user types in the confusingly similar URL and is bombarded with pop-up ads and sponsored links to goods and services, often competitive to the company whose name or trademark is being appropriated in the URL... more
I have recently been a "victim" of the domain name tasting "scam". A domain name (.COM) which is related to me personally (and which was owned by someone else previously) expired and as I knew from Whois (which is another debate on its own) that the expiry date was coming up, I kept a watch on when it would become available so I could register it. To cut a long story short, it took me nearly 6 weeks to get the domain. Each time the domain dropped off the 5 day grace period (it is not really something that would generate ad revenue), it would be picked up by a different registrant... more
ICANN staff has published a draft report on dispute resolution procedures for IGO (inter-governmental organization) domain names. This proposal has deep flaws and should be rejected by the community, as it does not have the balance and protection of registrant rights present in the existing UDRP. Initially, the proposed policy would apply to new Top-Level Domains (TLDs), but via a Policy Development Process (PDP) it could be extended to existing TLDs. more
Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more
Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more
EURid, the entity charged with managing the .eu namespace, is reported to have taken action against an alleged cybersquatter based in China, Zheng Qingying... The last suspension "en masse" was directed against Ovidio when over 74 thousand domains were suspended. This time round the number is much lower -- a paltry ten thousand! In this instance there seems to have been a pattern of cybersquatting, with over a dozen ADR proceedings against the registrant in question. more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on. more
This article discusses grassroots progress toward the development of a "Domain Registrant's Code of Rights and Responsibilities." This Code is an effort to create a balanced combination of the rights that domain name registrants should enjoy and the responsibilities that domain name registrants should fulfill. Discussion and survey results concerning this Code at domain-related forums show far greater grassroots consensus than one might think between what might be called the "domainer" and "intellectual property" communities. Informal surveys at some domain-related forums show very strong support in favor of this Code. more
Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more
This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better... more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front... more
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
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