Are You A Guru?

[Theo]

Preferably, not a UDRP guru.

 

[Gerry]

To protect the integrity of this (domaining) industry, I am personally glad that these organizations are winning these cases.

Their (TM holders) number one fear going into these new TLD's was exactly this...the WILD WEST of domaining where everyone does a land claim (even when someone is already living on the land and legit title holder). There is no shortage of the number of examples of the Senate and organizations like the FCC holding hearings to listen to the concerns of Advertisers, TM holders, etc. They expressed their concerns in advance of their having to (defensive) reg every damn TLD or expressed concerns on the time and cost to litigate these issues.

In the meantime, domainers and those holding the hearings essentially claimed, naw...that's not going to happen or there are agencies who will prevent this from happening.

Let's just admit that their fears are coming true and are true. IF you look at Hoster stats and look at some of the international brands listed, look at how many domains they own of new gTLD's already! They are having to beat the a'holes to the guru, to the .xyz, and so on. There is no logical reason for some of the regs by domainers EXCEPT for the exclusive use of cybersquatting on someone else's brand, garnering traffic as they point the consumer to their parked pages, and making money on a PPC basis.

Typically the evidence is in the respondents'claim to these UDRP's...NO RESPONSE. They know they are wrong and have no defense...so nothing lost on trying to defend a name I have no rights to.

The only time this (cybersquatting) will cease is when monetary damages are being awarded. And, trust me, I am not claiming innocence in this matter. So just be aware that I am looking at this issue from both sides and being objective.

g

 

[Theo]

While it's true that some registrants of tm-infringing domains might not know any better, when you have a brand/product and you are a "guru" of it, you can't just use it like that.

 

[katherine]

The only time this (cybersquatting) will cease is when monetary damages are being awarded.

Under ACPA you can file for monetary damages. It happens when a TM holder wants to make an example out of somebody.
But I would say most TM domains are registered as a result of ignorance of the law.

 

[Gerry]

Under ACPA you can file for monetary damages. It happens when a TM holder wants to make an example out of somebody.
But I would say most TM domains are registered as a result of ignorance of the law.

ala, Microsoft a few years ago when it nailed 6 domainers from (Indiana?). I recall this case being big news as Microsoft filed a lawsuit against them and took the defendants strait to civil court and prosecuted. All were found guilty and had to pay damages (at least 100K). Details are a little fuzzy now, but I believe they all had a history of being "serial cybersquatters" and each had registered numerous Microsoft branded products, keywords, and Microsoft name itself in their registrations. I believe they even tried to plead ignorance of the law as being part of their defense for registering hundreds of domains.