Why Corporate Entities Should NOT Be Able to Sue Typo-Squatters

[ShaunP]

Most domainers that I know that register/own TM/Typo domains, accept losing names along the way. They consider it a cost of doing business, without the "poor me" and "it's not fair" BS. Many in the future will look at it TOTALLY different when it is THEIR property being exploited.

 

[taboo]

But domain names are not based on land, and they never were. That's a nice analogy, but that's not what ICANN had in mind when domain names were available for registration.

On the contrary, what do you think Rick Schwartz has always been raving about? Domain names are REAL ESTATE!

What do you think IREIT stands for?? And accusing my writing style as poor is childish on your part.

Why should MS pay for them? I'm not a fan of them either but holding company domain names hostage for ransom doesn't sound like business to me.

If you think there is ransom is involved, than you are suggesting these names were hijacked or stolen. If a company pursues something that was bought and paid for legally, who is the theif?

 

[eq78]

Bottom line it is infringement whether you think it is or not does not matter. Eventually all parking companies will ban these names, even giving rewards to other domainers who report these violations.

You want to tell me if I start a company called xonox and you reg xomox and place ads that are similar or exactly what I sell you are in your right? I say you are F ing crazy and I will look to destroy you

 

[taboo]

They consider it a cost of doing business, without the "poor me" and "it's not fair" BS.

Didn't I already clear this up Shaun? That has nothing to do with what I am trying to accomplish. I would never victimize myself, nor have I ever taken the "poor me" attitude. Unless you are trying to point to someone else in this thread?

I wan't people to consider domain names as true property, and not some grey area industry that is ruled by corporate greed and lawyers. This is going to get worse if no one fights against it. Generics have been lost before, what is stopping UPS from filing for brown.com? etc... think about it.

You want to tell me if I start a company called xonox and you reg xomox and place ads that are similar or exactly what I sell you are in your right? I say you are F ing crazy and I will look to destroy you

*going along w/ your hypothetical*
...And I say you're F ing crazy, I bought xomox because in 10 years I plan on starting a paper company with that brand. Simply because you think your proverbial member is bigger than myne at the moment is not relative to what could or could not happen between the two domains given the time-frame possibilities I made note of before.

When Google displays ads, they are based on current relevance. Next year your company xonox could go bankrupt, and another company xokox can emerge. Now Google displays those ads on my xomox.com domain.

Do you see how having a mark at one moment may seem meaningful, but as things change could merit absolutely nothing? Simply because I chose not to develop my xomox domain, does not give anyone the right to assume their mark is valuable enough to "destroy" another persons speculation.

 

[Tia Wood]

what is stopping UPS from filing for brown.com? etc... think about it.

Because "brown" cannot be trademarked. It is a common word. Actually, nothing is stopping them from filing. But what stops them from winning is the fact that 'brown' is a common word.

Anyone can sue anyone. It doesn't mean they will win.

However, McDonalds suing the owner of McRonalds.com will win. Unless the owner of McRonalds.com can prove fair use (the owner's last name is McRonalds or has a restaurant himself called McRonalds that isn't confusing with the McDonalds brand.)

But if McRonalds.com intentionally put up a PPC parking page, trying to cash in on the McDonald's name, it's plain wrong. No matter whichever way you try to justify it.

A trademark is an identity that a person or company has a right to. And that person/company has a right to defend it, just like you have a right to defend your identity, your social security number, your credit and your public reputation.

Same thing.

 

[taboo]

Right, but like I said generics have been lost before. How do you defend the process if wrongs have been made?

 

[Poker]

My worst (and most laughable) reverse hyjacking attempt was started by a company that fed exed me agressive lawyer letters and sent emails stating that my domaincom.com domain was an infringement on their domain.com and that I had to hand over my domain or face a lawsuit. They even documented all the domains that they had taken from other people before me.
All the lawyer letters went straight into the shredder (alright, so i threw them across the room first) and the emails were replied to with "nice try rookies".
I don't even really want the domain anymore ,but I keep renewing it every year as long as that company is still in business just to piss them off. They could have bought it cheap if they had made an offer but instead they chose to spend the same $ (probably more) on fedex and writing threatening letters...lol

 

[Tia Wood]

Right, but like I said generics have been lost before. How do you defend the process if wrongs have been made?

But I thought this wasn't about generics? I thought this was about trademarked domains?

Why Corporate Entities Should NOT Be Able to Sue Typo-Squatters

Generic owners are NOT Typo Squatters.....

 

[taboo]

But I thought this wasn't about generics? I thought this was about trademark domains?

Because corporations are so up on their high horse they think everything is violating their trademark. And refer to anyone in their way as "typo-squatting"

There was a case MS filed for years back, against a private citizen named Mike Rowe. This person owned the domain MikeRowesoft.com, and MS sued him for violating their trademark. He was considered a typo-squatter, and imo no justice was ever served as MS won the dispute.

 

[eq78]

Your point about why you regged xomox in our hypothetical is fine Jacob, where you are wrong is that you are showing ads that have nothing to do with your paper idea and there is the bad faith

 

[taboo]

Your point about why you regged xomox in our hypothetical is fine Jacob, where you are wrong is that you are showing ads that have nothing to do with your paper idea and there is the bad faith

True, you're right even if I am using a google feed that sets the keywords automatically I would have to take responsibility for the ads that are displayed. However I still don't feel that this should give you the right to ownership of the domain. As upon your request I could say "My apologies, I will reset the ads to a blank page."

 

[mulligan]

Because corporations are so up on their high horse they think everything is violating their trademark. And refer to anyone in their way as "typo-squatting"

There was a case MS filed for years back, against a private citizen named Mike Rowe. This person owned the domain MikeRowesoft.com, and MS sued him for violating their trademark. He was considered a typo-squatter, and imo no justice was ever served as MS won the dispute.

I think this guy settled with micro$oft for costs and some other BS gifts

 

[tricolorro]

There was a case MS filed for years back, against a private citizen named Mike Rowe. This person owned the domain MikeRowesoft.com, and MS sued him for violating their trademark. He was considered a typo-squatter, and imo no justice was ever served as MS won the dispute.

No, the case was settled out of court.

"MikeRoweSoft settles for an Xbox"

Excerpt:
"Canadian teenager Mike Rowe, who shot to fame last week, after Microsoft decided to threaten him for registering and using the domain name MikeRoweSoft.com, has settled out of court with the software giant.

...In exchange for transferring control of his domain name, the software maker has promised to help Rowe set up a new Web site; pay for a Microsoft certification course and subscription to the Microsoft Developer Network Web site; and pay for his family to visit Microsoft Research Tech Fest in Redmond, Wash., in March. To top it all off, he will get an Xbox with some games."

Full story here:
http://snipurl.com/MikeRowe

Patrick

 

[GT Web]

I care less...take me to court....and then ill give u the domain.....never been court before.....but i know how to fcuq with them.

Wow, you're so cool!

You don't crap from anyone - nothing can intimidate you!

and you know what? You'll be crying like a 6 year old girl when someone sues your ass for damages.

 

[Mr. DeletedMr. Deleted is verified member.]

http://www.cnbc.com/id/15840232?video=214263452

lol

 

[Duckinla]

Well, at least I finally have my answer to this thread:

http://www.dnforum.com/showthread.php?t=196937&highlight=microsoft+legal

It would seem Microsoft Legal was here preparing for an all out attack on typosquatters to get control of their typo traffic.

DO NOT BE FOOLED BY THIS!

Getting control of Microsoft typos is not their final objective. This attack is not about getting their typos back, it's about ending domain tasting in general. It is about Microsoft getting control of all typos in the future. Microsofts desire to control the internet users experience has been well documented in the past, including lawsuits against them for unfair business practices. We all know now why they have wanted control of internet traffic...because it is valuable. They want domain tasting to end because they want a whole lot of meat available when they launch their typo software. They know that whoever controls the traffic controls the internet experience and therefor controls the revenue. They have figured out that typos make up a very large percentage of internet traffic (I'll bet almost 50%) They had their brower battle in the past (Internet Explorer) now they are going into the typo-battles. That's my theory.

 

[Focus]

http://www.cnbc.com/id/15840232?video=214263452

lol

In the beginning of the video about cybersquatting they showed a "scott trade" commercial ad....my head went into domainer mode instantly and I went and reg'd a really nice typo that will surely get traffic and probably make some free cash...irony.

Well, at least I finally have my answer to this thread:



It would seem Microsoft Legal was here preparing for an all out attack on typosquatters to get control of their typo traffic.

DO NOT BE FOOLED BY THIS!

Getting control of Microsoft typos is not their final objective. This attack is not about getting their typos back, it's about ending domain tasting in general. It is about Microsoft getting control of all typos in the future. Microsofts desire to control the internet users experience has been well documented in the past, including lawsuits against them for unfair business practices. We all know now why they have wanted control of internet traffic...because it is valuable. They want domain tasting to end because they want a whole lot of meat available when they launch their typo software. They know that whoever controls the traffic controls the internet experience and therefor controls the revenue. They have figured out that typos make up a very large percentage of internet traffic (I'll bet almost 50%) They had their brower battle in the past (Internet Explorer) now they are going into the typo-battles. That's my theory.

Not sure on all the big conspiracy theories, but they surely do work in mysterious ways...eventually I see known TM infringing domains that are "typos" of actual urls being "blacklisted" and MS Internet browsers automatically directing the would be misspell to the correct destination instantly and automatic, for a price of course to the company! k:
In fact, I officially predict it...why do you think they are generating typos?

Chris

 

[RatherGood]

http://www.cnbc.com/id/15840232?video=214263452

lol

I love that guys M$ phrase "genuine websites".

When crap like that comes out of their mouths it sounds like they want to apply their device driver strategy and have websites/domain names pay a ransom to them so a window doesn't pop up warning the visitor that they aren't going to a genuine website.

 

[Focus]

If it is'nt Microsoft domains they need to mind their own damn business...and I say that with all due respect...I actually like MS alot, they are #1 and for good reason...but who they hell do they think they are trying to be the big supposed humanitarian hero's for all these "poor innocent" companies that should have registered their own typos in the first place?..Thye obviously have very ALTERIOR motives and monetary interests..I know many of us have seen their typo research lists of known typos and where they go, what they do, who owns them,blah blah blah...talk about being a monopoly..do they want to control everything in the world? Maybe they can tell us when we can wipe our asses too. Seriously.

 

[RatherGood]

Thye obviously have very ALTERIOR motives and monetary interests..I know many of us have seen their typo research lists of known typos and where they go, what they do, who owns them,blah blah blah...talk about being a monopoly..do they want to control everything in the world? Maybe they can tell us when we can wipe our asses too. Seriously.

It should be pretty clear to everyone that M$ is losing a motherload of type-in traffic thanks to domain tasting. They can't hijack the typo traffic from the internet explorer address bar if the name actually resolves.

Like most other monopolies they figure this revenue source is their god given right.

So my guess is they are going to hit the TM typo squatters so hard no one will ever dare to register typos ever again, TM or not.