Domain Forum User Data Gets Subpoenaed

**anatoly** · 09-16-2008, 09:39 PM

Verizon has sued domainer Navigation Catalyst and registrar Basic Fusion for cybersquatting. As part of this lawsuit, the domain forum, ***** .com has had a number of documents and information subpoenaed by the lawyers for Verizon. A number of items were subpoenaed, including the identifying information for each member or participant of the forum.

This move highlights the legal risks domain forums are taking in allowing their members to trade publicly in blatant trademark domains.
ains.

Full Article

**katherine** · 09-17-2008, 02:58 AM

Will be interesting to see how all this pans out...

**Prospecting** · 09-17-2008, 05:49 AM

With trademark and copyright laws in place since before most of our great great grandparents were born, it always surprises me that this subject arrises over and over and over. Like the law may not apply to domain names. Hillarious.

Time and time again, domainers who register trademarks find out how quickly legal fees grow into the tens of thousands of dollars and beyond.

**dodo1** · 09-17-2008, 06:16 AM

I thought personal data of forum users were protected by privacy policies. For example, if DNF got sued for the trade of trademark domains or something similar, could the admins be forced to give away all users' personal information?

**Keyword Factory** · 09-17-2008, 07:01 AM

Originally Posted by dodo1

I thought personal data of forum users were protected by privacy policies. For example, if DNF got sued for the trade of trademark domains or something similar, could the admins be forced to give away all users' personal information?

Yes, you hit the nail on the head. Verizon was involved in this big lawsuit about releasing personal information of its customers and they acted like champions of privacy.

Sarah Deutch is the attorney involved in the privacy lawsuit and is probably the one who directed Steele to ask for the information as she is the one in charge of filing these types of suits.

**katherine** · 09-17-2008, 07:52 AM

Originally Posted by dodo1

I thought personal data of forum users were protected by privacy policies. For example, if DNF got sued for the trade of trademark domains or something similar, could the admins be forced to give away all users' personal information?

Of course.
Actually you can subpoena the Hosting provider and bypass the forum admins.

**Acro** · 09-17-2008, 09:06 AM

Originally Posted by dodo1

I thought personal data of forum users were protected by privacy policies. For example, if DNF got sued for the trade of trademark domains or something similar, could the admins be forced to give away all users' personal information?

Welcome to the US of A!

BTW the forum in question is run by illustrious ex-DNForum member (now banned) denny007.

**dodo1** · 09-17-2008, 10:11 AM

Even though I believe I've got nothing to hide, it doesn't make me feel good to know that practically any company could get its hands on my name and address details that easily.

**anatoly** · 09-17-2008, 10:13 AM

they can do that easily with WHOIS, no need for court order .....

**TheLegendaryJP** · 09-17-2008, 10:13 AM

I heard rumors denny007 was a woman.

**Fatbat** · 09-17-2008, 10:14 AM

From the previous article...

"Goldman outlines the practices Navigation Catalyst engaged in some common domainer practices and kept 126 domains Verizon alleged infringe its trademark. "Navigation Catalyst also tasted nearly 1300 other challenged domains, and as the court points out, made some money from those domains during the tasting period.""

I'd be interested to know what sort of domains we are talking about and whether or not they really do infringe on Verizon's trademark.

**BobDiGiTaL** · 09-17-2008, 11:20 AM

Originally Posted by article

court points out, made some money from those domains during the tasting period.""

Will this info be made public?

**draggar** · 09-17-2008, 11:28 AM

Originally Posted by Acro

Welcome to the US of A!

BTW the forum in question is run by illustrious ex-DNForum member (now banned) denny007.

I thought that name was familiar. I checked out the forum and the domain itself didn't seem like any TM issues but all of the forums except one were "private".

Originally Posted by dodo1

Even though I believe I've got nothing to hide, it doesn't make me feel good to know that practically any company could get its hands on my name and address details that easily.

Google, WhoIs, local demographic information, sensus, it goes on and most are public information.

Originally Posted by Fatbat

From the previous article...

"Goldman outlines the practices Navigation Catalyst engaged in some common domainer practices and kept 126 domains Verizon alleged infringe its trademark. "Navigation Catalyst also tasted nearly 1300 other challenged domains, and as the court points out, made some money from those domains during the tasting period.""

I'd be interested to know what sort of domains we are talking about and whether or not they really do infringe on Verizon's trademark.

Verizon is very active in their persuit of domains, they even went after VerizonSucks.com years ago and won, many companies don't succeed in going after (company)sucks.com sites. IMo they're more aggressive with it than Microsoft and Dell combined.

**strongvis** · 09-19-2008, 09:10 PM

funny that the new site at bonkerstwo.com uses the wipo icon in their title . That forum was a giant Honey Pot for the tm lawyers. . . They should have fun with all that info.