Recent Microsoft Lawsuit: Risky TM domains

**typist** · 09-13-2007, 10:12 PM

As posted in several forums, Microsoft and other Fortune 500 companies are filing lawsuits alleging TM infringement, dilution, and violations of the ACPA - seeking big damages.

http://www.insideindianabusiness.com...m.asp?ID=25423

http://www.inta.org/index.php?option...1&getcontent=4

http://www.loffs.org/microsoft-cases/ (courtesy of George Kirikos)

If you are concerned about domains which have NOT yet been targeted by a lawsuit, now is the time to safeguard your interests.

Simply deleting the domains will not help, for several reasons, including this: many registrars, e.g. Moniker, no longer actaually delete domains. Instead domains are held in a "disputed domains" account, where the registrar continues to monetize the domain. If you registered a domain which is still being monetized, a judge will most likely NOT believe you deleted it.

There are ways to protect your interests. PM me for details.

**Dave Zan** · 09-13-2007, 10:31 PM

Offshore to Vienna?

**afloat.com** · 09-13-2007, 10:37 PM

perhaps thats why upgrademicrosoft.com dropped and was never picked up

**typist** · 09-13-2007, 10:42 PM

Originally Posted by Dave Zan

Offshore to Vienna?

waltzing with Aaron Kornblum.

not sure if that would help

**afloat.com** · 09-13-2007, 10:46 PM

lol, someone just registered it

**Ehsan** · 09-14-2007, 03:05 AM

I would actually register some Microsoft TM domains just for fun lol and see what happens

**GeorgeK** · 09-14-2007, 08:02 AM

Microsoft's Legal Department is a member (verified, even!) of this forum:

http://www.dnforum.com/f272/greetings-microsoft-legal-thread-189352.html

It would be nice if they posted more.

**katherine** · 09-14-2007, 11:29 AM

Originally Posted by GeorgeK

It would be nice if they posted more.

Nah he's lurking

But he's working hard behind the scenes

**GeorgeK** · 09-14-2007, 12:42 PM

Originally Posted by sdsinc

Nah he's lurking

But he's working hard behind the scenes

Yes, according to his profile:

Last Activity: 09-12-2007 07:52 PM

Gotta give Microsoft (and Verizon, and others) props for helping to clean up this business, by enforcing their marks.

Illegitimate traffic, because it increases the total supply of traffic, drives down PPC prices, essentially stealing from those who have been playing by the rules and have legitimate traffic. As cybersquatting is reduced, those who have clean traffic will be rewarded.

Of course, none of the above cases has gone through the courts yet, so individually some of the allegations might be incorrect. However, without looking at these cases in particular to assess guilt or innocence, it's undeniable that cybersquatting is a huge problem.

**MobileDesigner** · 09-14-2007, 08:59 PM

harrasment.

They think some of us should be treated like terrorists, using names like "cybersquatting Operations". And they think we put spyware on peoples computers!? why the hell would we do that for!?

It isnt our fault that users cant spell.

Microsoft sees it like this:

Microsoft - TM Microsoft
Microsof - TM Microsoft
Microso - TM Microsoft
Micros - TM Microsoft
Micro - TM Microsoft
Micr - TM Microsoft
Mic - TM Microsoft
Mi - TM Microsoft
M - TM Microsoft
L(m) - TM Microsoft
(m)n - TM Microsoft
LMN - TM Microsoft
computer - TM Microsoft
Window - TM Microsoft
key - TM Microsoft
plug - TM Microsoft
desk - TM Microsoft
top - TM Microsoft
seattle - TM Microsoft
washington - TM Microsoft
Idaho - TM Microsoft
Oregon - TM Microsoft
Starbucks - TM Microsoft
Bill - TM Microsoft

you get my point......

**DNQuest.com** · 09-15-2007, 12:44 AM

Originally Posted by MobileDesigner

harrasment.

you get my point......

Is your point that it is unfair that a TM holder is defending their mark from people who are making money off of their hard work by violating TM laws?

**typist** · 09-15-2007, 02:38 AM

Originally Posted by DNQuest.com

by violating TM laws?

Isn't that a bit premature?
I thought that was up to the court to decide.

**Focus** · 09-15-2007, 05:13 AM

When microsoft follows thru with their anti-cybersquatting plans to blacklist major typo domains from their "strider" patrol list and prevent them from resolving in the Internet explorer browser/toolbar it will be paydirt for them because instead of hitting one of our parking pages it will be Microsofts' search engine page with paid relevent listings...this whole thing is about money. Don't get it confused. LEARN.

http://research.microsoft.com/URLTracer/

Microsoft’s initiative to battle typo-squatters is in line with their recent focus on security issues. It is only a matter of time until the results of this and similar research projects are integrated as a security measure into web browsers and security applications. When that happens, companies serving ad pages are going to have to adapt or see a significant loss of income.

**Dave Zan** · 09-15-2007, 07:27 AM

Originally Posted by typist

Isn't that a bit premature?
I thought that was up to the court to decide.

Maybe. But does it have to go to court?

A domain name may not necessarily infringe a trademark on its own per se.
But when one registers such that's cutting too close to a trademark (more
so if it's uniquely famous), coupled with showing ads to competing products
or (knock on wood) being used to phish, one wonders why they registered
it to begin with.

For a trademark holder, it's their business to know.

(On the side, I'll post a separate thread with an "entertaining" video...)

**biggedon** · 09-20-2007, 09:24 AM

Originally Posted by Focus

When microsoft follows thru with their anti-cybersquatting plans to blacklist major typo domains from their "strider" patrol list and prevent them from resolving in the Internet explorer browser/toolbar it will be paydirt for them because instead of hitting one of our parking pages it will be Microsofts' search engine page with paid relevent listings...this whole thing is about money. Don't get it confused. LEARN.

http://research.microsoft.com/URLTracer/

some good points there Focus

also one must note that MS already and in the past has diverted tons of mis-typed domains to it's own SE, so wouldn't that be "bulk squatting"?

not to mention all the patent and anti-trust suits they are involved in.
seems they're just trying to recoup loses from the little guys to offset what they will have to pay to the EU.

not condoning any type of tm infringements here, just calling it like it really is.

**edbri871** · 09-20-2007, 11:32 AM

I do not think it is fair to sue these people, some who are probably teenagers who thought, wow, this site myxbox.com is available. I will register it and then park it somewhere until I am ready to use it. They could easily just send them a C & D and take the domain from them, instead of putting people through all this crap. If they don't like someone owning a domain that is similar to theirs then just file a dispute and try to take it back. It's pathetic that they sue over this stuff, unless the domain owner is directing to porn or virus's in my opinion.

**Ehsan** · 09-20-2007, 12:33 PM

Originally Posted by edbri871

I do not think it is fair to sue these people, some who are probably teenagers who thought, wow, this site myxbox.com is available. I will register it and then park it somewhere until I am ready to use it. They could easily just send them a C & D and take the domain from them, instead of putting people through all this crap. If they don't like someone owning a domain that is similar to theirs then just file a dispute and try to take it back. It's pathetic that they sue over this stuff, unless the domain owner is directing to porn or virus's in my opinion.

I completely agree with you edbri they shouldn't take revenge of the EU's decision on some domaineers

**DNQuest.com** · 09-20-2007, 12:53 PM

Originally Posted by typist

Isn't that a bit premature?
I thought that was up to the court to decide.

If it walks like a duck and talks like a duck...

And OJ is an innocent man (I guess we can stop saying that after 10 years or so).

Originally Posted by edbri871

I do not think it is fair to sue these people, some who are probably teenagers who thought, wow, this site myxbox.com is available. I will register it and then park it somewhere until I am ready to use it. They could easily just send them a C & D and take the domain from them, instead of putting people through all this crap. If they don't like someone owning a domain that is similar to theirs then just file a dispute and try to take it back. It's pathetic that they sue over this stuff, unless the domain owner is directing to porn or virus's in my opinion.

And Nick Hogan is just a good who made a dumb mistake.

**biggedon** · 09-20-2007, 12:56 PM

Originally Posted by edbri871

I do not think it is fair to sue these people, some who are probably teenagers who thought, wow, this site myxbox.com is available. I will register it and then park it somewhere until I am ready to use it. They could easily just send them a C & D and take the domain from them, instead of putting people through all this crap. If they don't like someone owning a domain that is similar to theirs then just file a dispute and try to take it back. It's pathetic that they sue over this stuff, unless the domain owner is directing to porn or virus's in my opinion.

actually MS is not suing everyone. they are sending letters initially asking you to turn over the domains, before they file dispute claims.

if you feel the name you have is not infringing, then you can wait on the decision. in many cases MS is directly contacting PPC's and having them block the domains. once that's done, for the average domainer the domain then loses it's value.

one issue i brought forward to a lawyer on a differnt name was that...

if you feel this domain is related to or infringing on your clients tm, then make sure they don't let it expire again. as this would be evidence that the domain must not be that important, if you can't keep the registration active.

**katherine** · 09-20-2007, 03:02 PM

Originally Posted by edbri871

I do not think it is fair to sue these people, some who are probably teenagers who thought, wow, this site myxbox.com is available. I will register it and then park it somewhere until I am ready to use it. They could easily just send them a C & D and take the domain from them, instead of putting people through all this crap. If they don't like someone owning a domain that is similar to theirs then just file a dispute and try to take it back. It's pathetic that they sue over this stuff, unless the domain owner is directing to porn or virus's in my opinion.

I see your point but I think they are targetting the big players here and striking hard, when there is a evidence of a pattern of typo/TM squatting on a large scale.