Microsoft To SUE MORE 'Cybersquatters' In Federal Court

[fab]

For Microsoft, I don't think its about money at all, they want to send a clear message to everyone, DON'T MESS WITH OUR TRADEMARK! and its working.

I sure wouldn't reg a name that even resembles MS, I remember selling a licensed unopened disk of Windows software on Ebay, the auction was cancelled twice, I heard somewhere that MS is able to access the ebay auctions and has the authority to cancel them as they deem fit....anyone here about this?

I purchased WidowsXP Pro, on Ebay, with no problem.

[Gerry]

8...

[jberryhill]

imo what microsoft should really be doing is suing the parking companies too, they are also making a profit out of cybersqautting, it would then prevent the acceptance of further typo names to their parking programme.

And where, pray tell, does traffic to unregistered trademark typo domain names go, if I type such domain names into the browser bar of an out-of-the-box installation of MS Internet Explorer?

Hmmm?

I don't think MS is going to piss in its own corn flakes anytime soon.

[James Jean]

And where, pray tell, does traffic to unregistered trademark typo domain names go, if I type such domain names into the browser bar of an out-of-the-box installation of MS Internet Explorer?

Hmmm?

I don't think MS is going to piss in its own corn flakes anytime soon.

lol that made my morning night

1000 DNF$ for Vista Ultimate... PM for details,,,,

[barefoot]

Aren't you required to actively protect your trademark/service mark if you wish to keep it? That's my understanding...

[Raider]

I purchased WidowsXP Pro, on Ebay, with no problem.

Not saying you cant buy MS Software on ebay, my point is there constantly monitoring the Ebay auctions, in my case it was XP windows software that came with my computer, not for resale, they saw that and were able to pull the auction.

[Focus]

And where, pray tell, does traffic to unregistered trademark typo domain names go, if I type such domain names into the browser bar of an out-of-the-box installation of MS Internet Explorer?

Hmmm?

I don't think MS is going to piss in its own corn flakes anytime soon.

You always seem to make the good points!

Confucious say...exacareeee!

[companyone]

If anyone "doubts" MS is serious...this just came out:


Microsoft Expands Global Effort to Combat Cybersquatting

REDMOND, WA USA

Company initiates further enforcement actions in the United Kingdom and
United States and reaches settlement with U.K.-based Dyslexic Domain
Company Limited.

LONDON, and REDMOND, Wash., March 14 /PRNewswire-FirstCall/ --
Microsoft Corp. (Nasdaq: MSFT) today announced new legal actions against
cybersquatters in the United Kingdom and the United States, which include
expansion of a lawsuit filed in Seattle in August and the filing of a new
federal lawsuit against the U.S. company Maltuzi LLC for trademark
infringement. In addition to these new actions, Microsoft revealed it has
settled a domain infringement settlement with the Dyslexic Domain Company
Limited from the United Kingdom and two U.S. civil lawsuits filed against
defendants in Salt Lake City and Los Angeles.

Cybersquatters register Internet domain names (such as
winowslivemessenger.com and micr0soft .co.uk) containing not only widely
recognized trademarked names and brands but also misspelled variations of
them, which often result in tricking unsuspecting computer users and
illegally profiting from them through online ad networks. Screens filled
with pay-per- click advertisements greet visitors to these Web sites, which
can generate revenue for the registered domain oner and the online ad
network. Microsoft has reclaimed more than 1,100 infringing domain names
worldwide in the past six months with the help of Microsoft researchers led
by Yi-Min Wang, who has played a major role in the company's efforts to
combat cybersquatting.
"These sites confuse visitors who are trying to reach genuine company
Web sites, which can negatively affect corporate brands and reputations as
well as impair the end-users' experience online," said Aaron Kornblum,
senior attorney with Microsoft. "With every ad hyperlink clicked, a
registrant or ad network harvests cash at the trademark owner's expense,
while derailing legitimate efforts by computer users who are trying to go
to a specific Web site."
Microsoft is also investigating potential violations of intellectual
property law in other nations. "We hope that our stance and activity on
this issue will help motivate and empower other companies whose brands are
abused to take action," Kornblum said.t
U.S.: New and Amended Actions
Microsoft has filed or amended four civil suits in the United States:

-- Microsoft Corp. v. Maltuzi LLC, Case No. C07-1419 (N.D. California).
Microsoft alleges that the California company has profited from domain
names that infringe on Microsoft(R) trademarks. Microsoft further
alleges that Maltuzi is a large-scale "domain taster" that registers
large blocks of domain names, some of which infringe on Microsoft's
intellectual property rights, that it either retains or "drops."
-- Microsoft Corp. v. Sule Garba, Darin Grabowski and Yi Ning, Case No.
06-1192RSM (W.D. Wash.). Microsoft has amended a civil lawsuit filed in
August 2006 in federal district court in Seattle against the owners of
217 infringing domain names who masked their true registration
information behind privacy protection shields. In the lawsuit,
Microsoft originally named John Doe defendants 1-217 (a legal technique
that permits further investigation to uncover actual identities), and
has now successfully identified the owners of all 217 domains. Today,
Microsoft is amending that complaint to name three defendants who
collectively are alleged to have owned at least 135 infringing domain
names.
-- Microsoft Corp. v. John Does 1-54, Case No. 07-2-08568-8 SEA (King
County Superior Court, Washington). Microsoft has filed a civil lawsuit
in state court in Seattle against John Doe defendants 1-54 to unmask
defendants hiding their identities.
-- Microsoft Corp. v. John Does 1-105, Case No. C06-1766JLR (W.D.
Washington). In December 2006, Microsoft filed a civil lawsuit in
federal district court in Seattle to identify defendants who have
allegedly registered infringing domain names and "parked" them by
associating them with online ad network monetization services. The case
is pending.

New and Settled Actions in the United Kingdom
Microsoft has conducted five new legal actions in the U.K. against
companies allegedly having registered domain names infringing on
Microsoft's trademark and other statutory and common-law rights. In
addition to these actions, Microsoft reached a settlement with U.K.-based
Dyslexic Domain Company Limited, which Microsoft alleged had registered
more than 6,000 domains. In addition to a monetary payment to Microsoft,
Dyslexic Domain Company Limited agreed to other confidential settlement
terms.
U.S.: Civil Lawsuits in Utah and California
Microsoft has also settled two federal civil lawsuits filed in August
2006 against five named defendants who allegedly profited from domain names
that infringed on Microsoft trademarks:
-- Microsoft Corp. v. Cox et al: Case No. 2:06cv00692 TS. Microsoft filed
this case in Salt Lake City, alleging that the defendants and their
businesses had registered 324 domain names targeting Microsoft. The
settlement ends the litigation with a stipulated order for permanent
injunction against all defendants, a $2 million judgment as to
defendants Jason Cox of New Mexico and Newtonarch LLC, the Utah-based
business of the remaining individual defendants, and other confidential
terms.
-- Microsoft Corp. v. Brown: Case No. cv06-5447R. Microsoft filed this
case in Los Angeles, alleging that the defendant had registered 85
domain names targeting Microsoft. The settlement ends the litigation
with a stipulated order for permanent injunction and a $1 million
judgment as to defendant Dan Brown of California dba Partner IV
Holdings, and other confidential terms.
Founded in 1975, Microsoft is the worldwide leader in software,
services and solutions that help people and businesses realize their full
potential.
Microsoft is a registered trademark of Microsoft Corp. in the United
States and/or other countries.
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. Source

[Raider]

OMG!...There really going after the cybersquatters in the UK. What's funny is; I doubt if any of these judgments will be enforced, I could be wrong about this, they might turn it over to collection and wipe there hands of it.

I like the lawsuit that goes after John Doe 1-54, to unmask the identies, interesting!

Thanks for the article companyone!

[domainah]

I recently saw on a non MS typo (a typo of something totally non MS or any of theor products realted) as the referrer something like microsoft-typopatrol.com ..looks like they are offering that service to other companies...

[namestrands]

I just found about 80 of my names on http://research.microsoft.com/URLTracer/

doh.

[Dave Zan]

What's funny is; I doubt if any of these judgments will be enforced

Monetary judgments, anyway. I don't have the link at present, but IIRC there
was a recent "in rem" decision in a district court in Virginia wherein the judge
even issued monetary damages.

The simple message here is mess with us, and we'll do more than piss on your
cornflakes.

[jaspersen]

good thing is i dont eat cornflakes

[DNQuest.com]

[QUOTE=csite;1114938 Imo cybersqatting should be made illegal.[/QUOTE]

Anticybersquatting Consumer Protection Act (ACPA) and the Lanham Act...

Seems like it is illegal already, why do you think UDRPs were created and domain owners wee losing the domain? You can't lose a domain unless it is proven that you are breaking a law. So laws were created to help out the TM holders.

[kwok]

Monetary judgments, anyway. I don't have the link at present, but IIRC there
was a recent "in rem" decision in a district court in Virginia wherein the judge
even issued monetary damages.

The simple message here is mess with us, and we'll do more than piss on your
cornflakes.

I don't like to eat cornflakes.

[Brett Lewis]

What Microsoft is doing will probably be repeated by other major brand holders. Microsoft is having a lot of success -- they settled on claim for $1,000,000 and another for $2,000,000. Nobody wants to miss out on a party.

[namestrands]

it can go both ways though; the risk of setting a dangerous precedence on a botched case could likely do more harm to a trademark than good.

trademark holders will have to fight their cases carefully. one tear jerker story of joe bloggs loosing his house and family because of the almighty corporation could seed enough bad press to do some serious bottom line damage to a company.

While I support the principle of fighting trademarks, one can not help but laugh at the irony of it all. The companies mentioned above have got to where they are today due to infringing on others Patents and Intellectual Property. Murder and Espionage is part of the corporate bible.

Might is not always right.

[Focus]

Like was mentioned before...I think it's totally cool they are going after their own TM domains..but creating a shakedown for everyone owning OTHER non MS related typos and marketing typo finding software and services to corporations is obviously something with pure profit in mind...(not to mention the squash yahoo and google ppc revenue angle) so imo, leave a niche and they fill it...create a niche and they take it..invent a computer and software, they steal it...it never ends..they will own us all soon. Unless we stay strong that is.

[namestrands]

I did

Even sent out a few C&Ds, so I recouped my loses.

[GAMEFINEST]

Microsoft is one company you dont fcuq with.