Goodwill Non-Profit Sues to Get Goodwill.com Domain Name

[Gerry]

Too me the most important question is why someone should lose a generic name if it has links infringing on someone ele's trademark. You can argue all day long about whether there is infringement or not, but if you can't see the bigger issue involved then there is nothing left to say.

Domains are assets. Why should a company be given an asset if the Parking page links infringe on their trademark. They should pursue their case in civil court and get a cash judgement. I know that it is hard to keep people from putting up infringing links, but why nobody sees the bigger picture is a mystery to me. Each time these cases come down the pike everybody argues the same things over and over, when it is obvious that the more important issue is the loss of an asset just because it infringes on the trademark.

I can not understand why you are wrangling over this when the arguments you are presenting are PRECISELY the points FOR LOSING a judgement and LOSING the domain name.

Intangible assets vs. tangible assets - why cloud the issue? And if a domain name exists clearly to profit at the benefit of others, then that goes beyond infringement and fraud.

If someone who bought Goodwill.com, opened a store, put up a sign saying similar to the Goodwill Industries, and sold goods to the general public while posing as a charity...yeah, you can damn sure bet that they would be shut down, all goods seized, and most likely the property would be seized. All of those are assets.

IF someone was to set up a website using the name Goodwill and sold items on the site to people BELIEVING they were buying from Goodwill industries, I can also be willing to bet that more than just the domain name would be seized.

Again, it all boils down to intent.

You seem to be more on promoting domains as NON ASSETS.

As I mentioned earlier, most browsers know know the location of every viewer. The fear (if I owned this domain) would be if I did not have 100% total control on which ads appeared or did not appear...the fear would be an Adsense ad would pop up letting someone in San Jose know the location of the San Jose Goodwill store or in Lizard Lick Indiana know where the nearest good will is. Some may argue that this benefits Goodwill but that would be a hollow argument.


That is the bigger picture - how it is presented and perceived. Your "intentions" (or what you meant to do vs. what you actually did) is not going to carry much weight.

 

[urlurl]

why woudn't the company (good will) just buy it in auction. obviously they were aware it was up for sale. after legal fee's and damages you would think it would have been easier or worth just buying it.

 

[Focus]

Because they are not in the business of buying things. They just want another handout.

 

[Mike Cruz]

Because they are not in the business of buying things. They just want another handout.

exactly...

 

[TheLegendaryJP]

Why buy it when there are morons out there who will pay big bucks to infringe and give it to you for less?

 

[gingeman]

Ah the irony, petty arguments and legal proceedings over 'goodwill'. Sums this entire industry up IMHO...

If the name was parked for a short period of time and infringing, this could quite conceivably be something which was automated, and the new owner could have not known it was the case for a day or two. If somebody is 'squatting' for a period of time, with clear intention to profit from another's mark, that is one thing, but if a tm holder is bidding on a generic keyword, which also happens to be the exact .com name in question, it is hardly surprising their ads showed up for the first day or two after auction... This one looks like reverse hiujacking to me on the face of it.

 

[18493]

My wager is the owner of the profitable goodwill.com has a better lawyer than the manager of the non-profit goodwill.com.

Always bet on the team with the best lawyers!

 

[Gerry]

My wager is the owner of the profitable goodwill.com has a better lawyer than the manager of the non-profit goodwill.com.

Always bet on the team with the best lawyers!

My money is on the judge...

 

[CorrectName.Com]

What was the person that had his last name, a major corporation, he couldn't use it but didnt have to give it up.

I mean if we trademark a word does that mean we get the .com?

Maybe goodwill should show some.

 

[MAllie]

I thought that 'good will' was a legal term, referring to the good will tied up in any business dealing with the public. Over here in Ireland, at any rate, people will sell good will with a business premises that has been trading long enough to have formed a relationship with customers.

 

[David G]

I thought that 'good will' was a legal term, referring to the good will tied up in any business dealing with the public. Over here in Ireland, at any rate, people will sell good will with a business premises that has been trading long enough to have formed a relationship with customers.

That does not matter since the key to the case and reason the non-profit will win is "after winning the auction, the lawsuit alleges that Cyber2Media parked the domain name with links related to charitable giving. Goodwill Industries claims this has caused severe damage since December is a busy month for charitable giving."

Even if the ads were only there for a short time it makes little if any difference.

My wager is the owner of the profitable goodwill.com has a better lawyer than the manager of the non-profit goodwill.com. Always bet on the team with the best lawyers!

Contrary to what some think large non-profits have top lawyers and large legal expense budgets. Don't let the charitable staus fool you.

 

[draggar]

What was the person that had his last name, a major corporation, he couldn't use it but didnt have to give it up.

I mean if we trademark a word does that mean we get the .com?

Maybe goodwill should show some.

The mayor of Portland, Oregon is named Samuel Adams and Sam Adams (Boston Lager) claimed he wasn't allowed to use mayorsamadams.com

I'm sure there have been several others.

 

[MAllie]

But also, as regards parking with charity in mind, I know I've read several American novels (Ira Levin's The Stepford Wives being one of them), where newcomers to an area are visited by the local Good Will people, bringing cakes, etc. to help them when they are moving in. So that is charity-related and nothing to do with any corporate organisation.