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Trademark Law
: Domain Name Dispute BlogEnom's Bogus Trademark Enforcement & Domain Theft
By Enrico Schaefer
YourReview.us has reported that Enom, the domain name registration company, has justified the seizing of their own registrants names, with unsupportable claims of trademark violation.
Enom's software scripts run searches of their databases for the letters "enom." Though this search could discover many domain names that are in no violation of any trademark rights or agreement. Here is a quote from yourreview.us regarding the Enom matter.
?Apparently, every domain name containing the characters "enom" is being claimed by the mega registrar. No company can claim exclusive rights to a person's name or a word in general use. But, Enom is trying.
By not including a space before and after the characters "e-n-o-m," they hit words, and word combinations that were not infringing on their copyright and service mark. It seems that this is a case of automatic self-destruction complements of an incompetent legal staff.
We now know that potentially tens of thousands of innocent customers who registered domain names with Enom are now having their names unilaterally acquired by Enom without notice of any type, without anything in writing, without adequate explanation.
All customers got was a threatening email from Enom, stating that they had "infringed" upon Enom copyrights and that they would shut down their accounts (and their businesses) if customers "infringed" again.
According to their own user agreements, neither they (Enom), nor other parties have rights to transfer the ownership of a domain name owned by one of their customers. Apparently, the new rules allow registrars to take this action without review.
In a conversation with Enom's reseller manager (Joann), she stated that "90% of these are returned to the original customer..." but she had no idea why their acquisitions were so inaccurate.?
If you have been a victim of Enom's trademark violations, please contact us here at Traverse Legal, PLC.
Full post as published by Domain Name Dispute Blog on June 07, 2007 (boomark / email).
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