AntiCybersquatting Consumer Protection Act Blog: Trademark Law

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AntiCybersquatting Consumer Protection Act Blog

News about purchases and sales of domain names as well as lawsuits involving allegations of domain name theft.
By Enrico Schaefer

Post Frequency: 10.5/day

Last Entry: October 12, 2009 at 16:44:03

Insure.com Domain Name Sells For $16 Million To QuinStreet

Posted on October 12, 2009
Domain News reports that Insure.com has sold for $16 million to QuinStreet. QuinStreet is a vertical media and online marketing company located in Foster City, CA. This sale is the largest publically reported domain name sale of the year and is an indicator that the domain name economy may be showing signs of a turn around.

Cybersquatting Hotel and Resort Trademark Protected Names

Posted on September 25, 2009
Our cybersquatting attorneys represent one of the largest premium resort chains in South America and have been in litigation on cybersquatting claims under the Anticybersquatting Consumer Protection Act against a travel agency which registered over 20 domain names which include...

Fight Over .eco Top Level Domain Name Between Big Room and Dot Eco Heats Up

Posted on August 17, 2009
The fight over the new .eco top-level domain name suffix has increased over the last few weeks. Dot Eco, a group supported by such environmental heavyweights as the Sierra Club, former Vice President Al Gore, and the Alliance for Climate Protection, has issued a 17-page document criticizing the plan of its competitor for the domain name, Big Room...

Cybersquatting Continues To Be The # 1 Method By Which Consumer Fraud Is Perpetrated

Posted on June 18, 2009
According to Markmonitor, cybersquatting continues to be the preferred method of online fraud. Linking a website with a major name brand or trademark, increases the likelihood that consumers will be confused. When consumers fail to understand that they are at...

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Eric Goldman Interview: Domain Name Exceptionalism - Is Special Treatment Warranted (Part 2)

Posted on June 01, 2009
Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law...

Professor Eric Goldman on Domain Name Exceptionalism - Is Special Treatment Warranted? (Part 1)

Professor Eric Goldman on Domain Name Exceptionalism - Is Special Treatment Warranted? (part 1)

Posted on May 20, 2009
Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law...

Handling Trademark Challenges in an Online World

Posted on May 19, 2009
Get the latest information on trademark issues implicated in the launching of online advertising campaigns, including the purchase of keywords, buying display ads, developing and protecting taglines, and acquiring associated domain names. Moderator: Russell Pangborn, Microsoft Corporation (United States) Speakers:...

Cybersquatting American International Group

Posted on March 19, 2009
DomainFight.net reports the following Uniform Domain Name Dispute Resolution Policy Proceeding brought by American International Group, Inc. (AIG), on October 8, 2006. DomainTools.com reports the following typographical variations of ?AIGInsurance?, most of which are cybersquatted WIPO typographical variations of the...

Domain Name Dispute Update: Cybersquatting Trademark Protected .net Domain Names

Posted on March 02, 2009

Pluto Domain Services Found To Have Engaged In a Pattern of Bad Faith Cybersquatting

Posted on February 23, 2009
Domainfight.net provides the following returns for ?Pluto Domain Services? as a respondent in UDRP arbitrations. There is no question that Pluto Domain Services is a habitual cybersquatter under the Uniform Domain Name Dispute Resolution Policy. Note the bancopopularpr...

Domainers Take A Stand Against Cybersquatting: Rick Schwartz?s Silicon Valley TRAFFIC Show Will Focus on Eliminating Cybersquatters from the Community.

Posted on February 19, 2009
There was time when cybersquatting was pursued vigor as business model. After trademark attorneys and their clients turned up the heat, attitudes changed somewhat. Domainers sought to clean their portfolios of cybersquatted domains in order to avoid domain disputes under...

Cybersquatting the Microsoft Brand: Getting Tough on Trademark Infringement

Posted on February 09, 2009
There has been significant commentary recently on bulletin boards and within the domainer community about Microsoft Corporation's stepped-up online brand protection efforts. Microsoft has been aggressively pursuing any and all domain registrants who have registered domains incorporating any of the...

DOMAINfest Opening Remarks by Oversee President Jeff Kupietzky About the Opportunities in a Down Domain Name Market

Posted on January 28, 2009
I you wondering what Oversee's President Jeff Kupietzky's thinks the opportunities are in this down domain name market? Here is a audio clip of his opening remarks live from DOMAINfest in Hollywood, California. (transcript to follow).Traverse LegAL RadioPlay ShowWith expert...

Domain Name Disputes Handled By WIPO Continue To Rise

Posted on December 31, 2008
DN Journal just noted that WIPO disputes have continued to increase over the past five years, linking to an article at pingdom.com. Pingdom notes that domain disputes have doubled since 2003 and that the United States is the origin of...

Jeff Reynolds at BoycottKentucky.com Explains How Kentucky Has Created Dangerous Precedent

Posted on December 11, 2008
Jeff Reynolds at BoycottKentucky.com Explains How Kentucky Has Created Dangerous Precedent Jeff Reynolds Show Sponsor www.traverselegal.com Transcript Page ANNOUNCER: Welcome to Traverse Legal Radio Tech Spotlight. This program is sponsored by Traverse Legal, PLC, a law firm specializing in internet...

What?s In a Name? More and More, a Number: Numeric Value Trend Continues To Explode

Posted on December 09, 2008
The Wall Street Journal has very interesting article on the value of numeric domain names titled What?s In a Name? More and More, a Number Despite Limited Success of Digits, a Numeric Trend Blossoms in Internet Domain Monikers; 10012.com, Anyone?...

Domain Name Dispute Update: Should Complainants in UDRP Proceedings be required to Provide Certified Notice of Other Legal Proceedings Related to Their Trademark Claims

Posted on December 09, 2008
The recent Chillibeans.com panel decision raises some interesting questions. Not apparent in the decision is the fact that the trademark alleged by the complainant is the subject of a cancellation proceeding at the OAIM, Trademark and Design Registration Office of...

The Parking Page Dilemma: Frank Schilling loses chillibeans.com domain under UDRP

Posted on December 02, 2008
There has been some commentary about the recent Uniform Domain Name Dispute Resolution Policy (UDRP) decision against white hat domainer Frank Schilling's regarding the chillibeans.com domain. For those who have been paying attention, this decision is not so surprising...

Have You Implemented a Domain Name Strategy? What Every Business and IP Owner Should Know

Posted on November 13, 2008
Have you implemented a domain name strategy? Many established businesses and entrepreneurial start-ups fail to account for their use of domain names in their general business planning. A comprehensive and effective domain name strategy can often boost profits and extend...

.CM ccTLD Sunrise Period is Over; Tradmark Holders Should Still Consider Defensive Pre-Registrations of .CM Second-Level Domain Names

Posted on November 06, 2008
Registrations for second-level .cm country code top-level domain names (ccTLD) are now in full swing. These second-level ccTLDs include .com.cm, .net.cm, and .co.cm. Registrations began on October 15 through NETCOM, located at http://www.netcom.cm. The ...

New .tel Top Level Domain Names Are Open to Registration Soon; Trademark Holders Should Consider Defensive Registrations

Posted on November 04, 2008
Trademark holders will soon be given an opportunity to register their business contact information when the new .tel top-level domain sunset registration period begins in December. The new .tel top-level domain has been said to provide a secure method for...

Introducing DomainFight.net: The World's First UDRP Search Engine

Posted on November 03, 2008
Did you ever want to search both WIPO and NAF cybersquatting decisions without having to access each provider's UDRP search tools? DomainFight.net solves this problem by searching all cybersquatting panel decisions from both WIPO and NAF from a single search...

When Web Developers Hold Your Domain Name Ransom

Posted on October 24, 2008
Domain Name Wire has a great article titled Web Designers Holding Domain Names Hostage. This is an issue our domain name dispute lawyers see all the time. The moment there is any sort of fee dispute, the web developer begins...

Frager Creative Group: The Best Domain Names Are De Facto Advertising: An Interview with the Dynamic Owen Frager

Posted on October 09, 2008
Traverse Legal is proud to sponsor the radio interview of Owen Frager, the Chief Innovation Officer of the Frager Creative Group (pdf) & author of the blog "The Frager Factor." Owen is a domain marketing legend, whose statue within the...

Who spent $3,200 for the domain and developed web site DNHour.com & why? We know the answer ....

Posted on September 23, 2008
A company called USpeakWeType Technologies purchased dnhour.com from Quy Al Vin for $3,200 at the SEDO auction which concluded two weeks ago. USpeak also owns overflowlegal.com, another Digg-Style site for law. The domain name itself - dnhour -was not worth...

Domain Name Owners Beware: The State of Kentucky Attempts to Seize Domain Names That Lead to Gambling Websites

Posted on September 23, 2008
A Circuit Court judge in Kentucky ordered the transfer of 141 domain names to the Commonwealth of Kentucky from the registrant owners that use the domain names to resolve to illegal Internet gambling sites. According to a press release issued...

Cybersquatting on Domain Names Following Mass Tort Accidents

Posted on September 16, 2008
As if the tragedy were not enough for the responsible party, it appears cybersquatters immediately prey upon the publicity that surrounds a mass accident. Case in point, the recent Metrolink train accident that caused several deaths and numerous injuries has...

Use of Privacy Services By PPC Advertisers Supports Finding of Bad Faith Cybersquatting

Posted on September 08, 2008
UDRP Decision Discusses Privacy Services and Bad Faith � The Legal Satyricon The majority of the Panel also finds that the use of a privacy shield in this case further supports its finding of bad faith registration. Although privacy shields...

Napster Teaches Us That Cybersquatting Can Best Be Fought By The Domainer Community

Posted on September 05, 2008
Alex Tajirian has an interesting post on CircleID about an issue which is getting lots of attention over the last 24 hours. Andrew Allemann wrote an editorial yesterdaytitled "How the Domain Industry Can Clean Itself Up" which we followed up...

Do Domainers Deserve Their Repuation As Cybersquatters Because They Fail To Police Their Own?

Posted on September 04, 2008
Domain Name Wire has a great post noting that Domainers often want to have it both ways. They 'cry foul' about the fact that many people see the business model of domain monetization, and especially parking pages, as unsavvory. Domainers...

Do Domainers Deserve Their Reputation As Cybersquatters Because They Fail To Police Their Own?

The Associate Editor at PC Magazine Believes All Domainers Are Cybersquatters.

Posted on August 25, 2008
This piece recently aired at MSNBC, which included quotes from Kyle Monson from PC Magazine. Web domain taken? Sowhatsleft.com?

Domains Are Stolen Each and Every Day: What Would Happen to your Company if You Lost Control Of Your Domain Name Tomorrow?

Posted on August 25, 2008
Interview With trendicator: YXL.COM Stolen and Recovered | Domain Magnate - What is your advice to other domainers to prevent having they names stolen 1. update your whois info if you don?t want to lose your domains? 2. Keep your...

"Low Value" Domain Parking Pages Results In Another Lawsuit Against Google By Advertisers

Posted on August 14, 2008
Parking pages remain under attack from advertisers as another lawsuit is filed against Google by one of its AdWords advertisers. It is unclear why this particular advertiser did not simply change their campaign settings to exclude the content network...

Reverse Domain Name Hijacking Decision Under the UDRP: What Was The Attorney Thinking?

Posted on August 11, 2008
A recent reverse domain hijacking decision in Collective Media, Inc. v. CKV / COLLECTIVEMEDIA.COM is interesting to any lawyer who practices domain dispute law. The law firm bringing the Complaint Lowenstein Sandler PC advertises as a large law firm specializing...

Domainer Spends $90k For Trademark Protected Domain Toyota.me

Posted on August 11, 2008
It surprises many domain name dispute lawyers that some domainers still purchase domains which are so trademark protected that is is hard to imagine how they might avoid an adverse UDRP transfer. Some domainers simply don't understand trademark law or...

Domain Parking Pages to Be Excluded From Google's Advertising Network?

Posted on August 04, 2008
The following news story has been posted without confirmation. Even so, how long will it be before Google and Yahoo eliminate certain domains from its network in order to get click fraud under control. At the recent T.R.A.F.F.I.C Conference in...

Is Navigation Catalyst a Typical Domainer? All Domainers are not Cybersquatters.

Posted on August 04, 2008
Eric Goldman at the Technology & Marketing Law Blog has a post about the recent ACPA injunction entered against Navigation Catalyst and registrar Basic Fusion. Mr. Golman states that this is the first decisions against a "domainer" which of course...

Legal Practice Tips: How to Sell your Domain Name and Web Content

Posted on July 29, 2008
Many business people would be surprised to learn that there is something akin to a ?securities? aftermarket for domain names. Investment groups are formed to pool money in order to buy a portfolio of domain names. Third parties are buying...

Click Fraud and Domainers: Legitimacy of Parked Pages Under Attack Again

Posted on July 29, 2008
Dancho Danchev's Blog - Mind Streams of Information Security Knowledge: Click Fraud, Botnets and Parked Domains - All Inclusive Click Forensics's recent Q2 2008 report indicates that botnets were responsible for over 25% of all click fraud activity they were...

auDRP - Dispute Resolution Policies for the .au domain extenstion

Posted on July 25, 2008
auDA > auDRP > auDRP Providers auDA does not handle auDRP complaints. Complaints under the policy may be submitted to any auDA approved dispute resolution service provider (listed below in alphabetical order). Complaints are determined by a panel (single- or...

LinkedIn's New Purchase of .au ccTLD Shows Increase In Australian TLD Popularity

Posted on July 23, 2008
Builder.au reports that LinkedIn, the social networking site for professionals, has joined an increasing number of companies that have sought to register their trademarks on the Australian (.au) ccTLD. Several months ago LinkedIn contacted Australian marketing firm Clear Blue Day,...

Domain Name Return On Investment: Your Time Is Worth Something Too

Posted on July 18, 2008
Our friend Sahar Sarid over at Conceptualist.com has a great post about valuing a domain name. Sahar points out that the sale price of a domain name should not only reflect the value of the domain, but also the costs...

Hobbits v. Hobbitts: Generic Mark Argument Won't Prevent Panel From Seeing Pay Per Click Parking as Bad Faith

Posted on July 11, 2008
Seemingly generic domain names can often turn into a trademark nightmare when used in combination with pay per click parking pages. A recent proceeding in front of the World Intellectual Property Organization demonstrates that a registrant?s inability to control these...

The Three Views of Trademark Cybersquatting

Posted on July 03, 2008
We all know the formal definition of cybersquatting under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). But in the blogosphere, people use the word cybersquatting to mean a variety of different things...

Narnia Dad defends his domain name registration of Narnia.mobi as good faith registration

Posted on June 23, 2008
Cybersquatting in Narnia | click to remove In September of 2006 Richard Saville-Smith paid 70 pounds for the domain Narnia.mobi. He hoped to save the domain until the release of the second Narnia film. Then he would give it to...

The Ultimate Geodomain Portal

Posted on June 12, 2008
Geodomains are all the buzz. But of course, everyone?s talking about how to get great content on their geodomain. One of my good friends, Andy McFarlane, has been at this since about 1989 and owns leelanau.com and the ultimate developed...

Excluding Keyword Categories From Your Parked Pages In Order To Avoid Cybersquatting Violations

Posted on June 03, 2008
Parking companies are handcuffed in many ways by their relationship with Google and Yahoo, who essentially control the framework by which ads are shown on parking pages. Parking companies, however, now appear to realize the necessity of working with Google...

Internet Hackers Gain Access to Comcast's Domain Name Management Console

Posted on June 02, 2008
Last week, computer hackers gained access and control of Comcast?s domain management system hosted by Network Solutions. The hackers took control over Comcast?s homepage and webmail for nearly five hours before they could regain control. Article by Kevin Poulsen, Wired...

One of the Really Disgusting Benefits of Domain and Website Development

Posted on May 29, 2008
There is a lot of talk on domainer blogs about developing domains. With PPC revenue down and the tremendous amount of uncertainty surrounding parking pages, domainers are now developing their most valuable domains using a variety of techniques. One tremendous...

One of the Rarely discussed Benefits of Domain and Website Development

Of Domainers and Trademarks: Is it Time to Rethink the Bias Against Trademark Rights?

Posted on May 27, 2008
For years, domainers have been, from their perspective, abused and persecuted by trademark law and holders of trademark rights. Even a one word descriptive domain such as ?apple? can, as we all know, have trademark rights.

Live Auction Results From Traffic Disney - Good Numbers Being Generated

Posted on May 23, 2008
I am sitting at the live auction at the T.R.A.F.F.I.C East - Live Auction Results. I will be posting some of the interesting results and updating this post throughout the afternoon. The prediction is that this will be a strong...

T.R.A.F.F.I.C East - Live Auction Results From Disney

Valuable Three Letter Domain For Sale - gap.org

Posted on May 20, 2008
We represent Global Alliance of Performers in the sale of the domain name gap.org . Global Alliance of Performers is a 501(c)(3) non-profit organization incorporated in the State of Washington that has been increasing public awareness of important social and...

Parked Domains Using "Walmart" Trademark Are Cybersquatting Says High Court

Posted on May 19, 2008
DomainPulse.com - Domain Name Industry News � Blog Archive � Cybersquatting Bharti New Delhi: The Delhi high court has restrained a cybersquatter from using the domain names bhartiwalmart.in and bharti-wal-mart.com. The court passed the interim order on a suit filed...

CNET Purchased by CBS for $1.8 Billion

Posted on May 16, 2008
Thanks to the Conceptualist for pointing out this newscast found at Yahoo News about the purchase of CNET by CBS. We have taken the liberty of transcribing the broadcast as well.

Domainers Can't Have It Both Ways: Until Blatant Cybersquatters Are Exterminated, All Domainers Will Suffer

Posted on May 05, 2008
It has always amazed me that domainers take such umbrage to the UDRP, ACPA and other cybersquatting provisions, while doing nothing to provide disincentives for these laws to exist. I don?t know what the actual percentages are, but the number...

Avoiding Adverse UDRP Decisions: A NAF Transfer Order of The Million Dollar Domain LH.com Does Not Bode Well For Domainers

Posted on April 30, 2008
On April 17, 2008 a NAF Arbitration Panel (David Sorkin Dissenting) ordered the transfer of lh.com from Future Media Architects, Inc. to Deutsche Lufthansa AG. Read the cybersquatting and transfer decision here. The most interesting part of the decision was...

S. 2661 is a Fox in Sheep?s Clothing? Why Call it an Anti-Phishing Bill When It Is Also A Trademark Bill?

Posted on April 15, 2008
Chuck Kisselburg at the ICANNblog makes a good point about he so-called Anti-Phishing Bill, Senate Bill 2661. While the bill is not close to becoming a law at this juncture, Chuck correctly notes that "the bill feels like a fox...

Failure to Respond To Trademark Threat Letters & Use of Privacy Services Can Support a Finding Of Bad Faith

Posted on April 11, 2008
There are many risks to domain investors under the UDRP. The opportunity to capitalize on strong generic or descriptive domain names is in many ways dependent on a solid understanding of UDRP decisions and avoiding behavior which would increase a...

Parking Pages Can Create Risk Of A Finding Of Bad Faith Under the UDRP

Posted on April 05, 2008
Auto-generated websites equal bad faith under the UDRP � The Legal Satyricon This lack of direct control is often a central theme in a cybersquatter?s response to a UDRP complaint. At least one UDRP panel bought this argument. See Admiral...

Extend the Value of Your Domain Name Realize a Multiple on Your Investment

Posted on March 20, 2008
Elliot's Blog | Domain Name Investing News Commentary One of the coolest things about owning a domain name is that you can get into just about any type of business your heart desires. Domain ownership breaks down some of...

Kellogg is abusing the UDRP in its effort to secure Eggo.com.

Posted on March 19, 2008
A recent NAF decisions illustrates a problem which domainers have been griping about for years: The UDRP can be used by overly aggressive corporations and their attorneys in order to hijack domain names in which they have no rights. The...

More Cybersquatted Domain Names for Your Buck With One UDRP Complaint

Posted on March 05, 2008
Rule 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy states, ?The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.? This means that if a...

Frank Schilling Talks Cybersquatting & Domain Monetization

Posted on March 04, 2008
What is Legitimate Domaining? We are proud to sponsor this vTalkradio interview with Frank Schilling. Frank Schilling is one of the largest private generic domain name holders in the world. In this interview, Frank Schilling provides invaluable information about domaining,...

DataRecovery.com Domain Name Sells for $1.7 million: Highest Recorded Value So Far In 2008

Posted on February 29, 2008
ESS Data Recovery buys DataRecovery.com for $1.7M | Dominik Mueller ESS Data Recovery, Inc. yesterday announced the purchase of the generic domain DataRecovery.com. ESS Data Recovery paid $1.7 million for the domain name, which makes this the highest reported domain...

Are LLL.com Domains At High Risk For Cybersquatting Threat Letters and UDRP Arbitrations?

Posted on February 25, 2008
Logistik Labs>> Domain Tips, Tools, News and Information Good thread going on over at the NamePros domain forum regarding one senior domainer's opinion that purchases of LLL.coms are growing inherently risky due to the possibility that the LLL domain can...

Domain Name Lease with Option to Purchase

Posted on February 19, 2008
Elliot?s Blog � Blog Archive � Lease to Own a Domain Name In a situation like this, I think a lease-to-own offer would be a smart way to negotiate to buy the domain name. I advised the potential buyer that...

Registrant/ Respondent of OnePhone.com Wins WIPO Case Brought By Trademark Holder

Posted on February 18, 2008
What's in a name? Cybersquatting case has an answer It's not often that a domain-name holder accused of cybersquatting actually prevails in a dispute with the party that filed the complaint. It's rarer still for that entity to then win...

Win or Lose: The UDRP Is Not Your Only Option When It Comes to Domain Names

Posted on February 15, 2008
While the UDRP is an efficient and relatively cost-effective mechanism by which a trademark owner can acquire a domain from a cybersquatter, it is not the only option. This is especially true since the proofs needed to win a UDRP...

Bounty Hunters to Track Down Cybersquatters?

Posted on February 13, 2008
Rick Schwartz has been warning other domainers for some time about the dangers that lurk ahead. One lawyer at Out-law.com is proposing that trademark holders band together to track down and police cybersquatters worldwide. This effort would be funded by...

UDRP: Lack of Use of a Domain is NOT Always a Defense

Posted on February 12, 2008
The mere holding of an infringing domain name without active use can constitute use in bad faith under the UDRP. Despite this, all too often trademark owners watch as domains are registered that incorporate their trademark. Unfortunately for the trademark...

Amazon Moves to Protect Kindle Trademarks, Sends Threat Letter to "KindleReport.com"

Posted on February 10, 2008
Amazon recently achieved trademark registration with the USPTO for "Kindle" in the following categories: Services IC 009. US 021 023 026 036 038. G & S: Portable electronic device for receiving and reading text and images and sound through wireless...

If The Number '5' License Plate is Worth $6.8 Million, What Is Your Domain Name Worth?

Posted on February 04, 2008
License Plate sells for $6.8 million dollars.

You Are A Legitimate Domainer If ... You Do Not Cybersquat

Posted on February 01, 2008
There is a major perception problem that all domainers are cybersquatters. Of course, this is not true. Cybersquatters target well know brands and trademarks, as well as typos of those marks. Domainers target generic words that have limited or no...

The Many Names of Cybersquatting

Posted on January 28, 2008
United States federal law enacted the ACPA to provide a remedy for cybersquatting. Cybersquatting requires a domain registrant to register, traffic in, or use a domain name that incorporates "a mark that is distinctive at the time of registration of....

Fusu, the world?s first Domain Stock Exchange opens up to a wider audience; Announces strategic partnership with EuroDNS

Posted on January 26, 2008
DomainPulse.com Fusu ? The Domain Stock Exchange ? Announces Public Beta and Key Partnership With 140 million domains registered today and a market value that could reach $4 billion by 2010, the need for a dedicated platform where domain names...

Maximize Domain Value By Selling To Established Companies With A Specific Need

Posted on January 25, 2008
Matching domain names with established services makes great sense for forward thinking companies. The sale of bookmarks.com also reinforces the reality that domainers are more likely to obtain Rick Schwartz level domain sales if they match their domains directly to...

Domain Names Are Valuable Property: Are You Protecting Yours?

Posted on January 25, 2008
Domain name portfolio values continue to rise. Domainers continue to realize exponential returns on the domain registration of generic top level domains. As noted below, Sedo reported record domain sales through its services for 2007. What are most domainers doing...

Serious Domainers Require Cybersquatting Law Expertise

Posted on January 25, 2008
There are still far too many domainers who do not understand all of the intricacies under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Anticybersquatting Protection Act (ACPA). The UDRP and ACPA represent two of the most significant risks...

Google To Stop Monetizing Domains During Add Grace Period (AGP)

Posted on January 25, 2008
Domain Tools Blog has reported that Google is expected to make a policy change which will certainly impact domain tasting. We will applaud Google if they follow-through as Jay predicts and put this new policy in effect. However, we agree...

What Every Domainer Needs to Know About Trademarks before Registering Domain Names

Posted on January 22, 2008
I was recently interviewed by Modern Domainer Magazine about trademark issues. In this article, I discussed a variety of trademark issues for domainers who wish to extend their domain name value by also registering trademarks and as due diligence prior...

What Are Your Domain Name, Trademarks and Web Traffic Worth?

Posted on January 19, 2008
Most companies have yet to realize the value of their on-line property, comprised of their domain name, trademarks, brand names and established web traffic. Most on-line companies still don't realize how much value they have tied up in these elements...

American E-commerce Brands Report by NetNames.com Underestimates Cybersquatting Problems

Posted on January 17, 2008
Poor On-line Domain & Brand Protection Leads to Cybersquatting, But NetNames Grossly Underestimates the Size of the Problem Facing On-Line Retailers: The American E-commerce Brands Report by NetNames.com concludes that "more than two thirds of leading online retailers in the...

NSI's New Domain Search 'Reserve' Policy Continues to Evolve

Posted on January 12, 2008
NSI's so-called Reserve Policy adapts to market pressure and threatened legal challenge. After 5 days of controversy, sniping, public relations statements and damage control, Network Solutions (NSI) has attempted to address the growing firestorm over allegations of Domain Name Front...

NSI May Be Legally Liable For Alleged Front Running

Posted on January 09, 2008
Ari Goldberger over at the Direct Navigation Blog picked up on a story on DomainState.com and on DomainNameNews.com that once again suggests that people searching for domain availability at certain registrars are being registered by the registrar. The registrar thereby...

NAF Cybersquatting Decisions Under UDRP

Posted on January 08, 2008
Recent Decisions (October 2007 - January 4, 2007) by the National Arbitration Forum (NAF) resolving domain name disputes filed under the UDRP: Michael Smith Custom Clothiers, Inc. dba The Custom Shop dba Myshirtmaker.com v Custom Shirt Shop c/o Jim Nice...

McAfee Report - State Of Typosquatting 2007

Posted on December 17, 2007
Typo-squatting, the practice of registering domains using common misspellings of popular brands, products and people in order to profit from consumer typing errors, is increasing dramatically. McAfee recently did a comprensive study of typosquatting, as part of its effort to...

$100,000 in Statutory Damages Plus Attorney Fees

Posted on December 17, 2007
Yes, maximum damages are sometimes awarded against cybersquatters under the Anti-Cypersquatting Consumer Protection Act. Thanks to the Seattle Trademark Lawyer Blog for alerting us that The Western District recently entered its Findings of Fact and Conclusions of Law in the...

Domain Tasting is Bad for The Internet, Domaining and ICANN's Credibility

Posted on December 15, 2007
The Dell lawsuit has the potential to put the practice of domain tasting on the front page, as has already occurred when its lawsuit which was picked up by the Washington Post. Will Dell and its friends in the trademark...

Dell Lawsuit Exposes the Seedy Side of Domaining and Domain Monetization

Posted on December 15, 2007
Follow the Latest Developments In The Dell Typosquatting / ACPA Lawsuit Here. At the heart of the Dell ACPA cybersquatting lawsuit is the concept of the now highly controversial Add Grace Period (AGP) implemented by ICANN, which is the technological....

Dell v. Belgium Domains et al: Potential Damages of $110,000,000.00

Posted on December 15, 2007
Dell v. Belgium Domains et al: Potential Damages of $110,000,000.00

Dell Cybersquatting Complaint Re: Domain Typo-Tasting

Posted on December 15, 2007
Follow the Latest Developments In The Dell Typosquatting / ACPA Lawsuit Here. Dell claims that organizations doling out domain names have deployed a network of shell businesses that profit from internet web surfers who make typos while entering URLs. These...

Free Cybersquatting Report

Posted on December 12, 2007
Traverse Legal offers a free Cybersquatting Report to anyone interested in determining whether or not their domain name is having traffic diverted, website visitors forwarded to competitor websites or are otherwise the victim of cybersquatting. Many companies go for months...

Judicial Watch?s Proposed Cybersquatting Claim Against Larry Klayman

Posted on December 12, 2007
In a recent ruling by United State District Colleen Kollar-Kotelly, Defendant Judicial Watch, Inc. has been allowed to amend its counterclaims against Plaintiff Larry Klayman in what is shaping up to be a somewhat ironic judicial battle between the watchdog...

Free Cybersquatting Report

Posted on December 03, 2007
Traverse Legal offers a free Cybersquatting Report to anyone interested in determining whether or not their domain name is having traffic diverted, website visitors forwarded to competitor websites or are otherwise the victim of cybersquatting. Many companies go for months...

Domain Tasting Gone Bad

Posted on December 03, 2007
According to ICANN, domain tasting is defined as ?the monetization practice employed by registrants to use the ad grace period to register domain names in order to test their profitability.? The ad grace period, or AGP, is the 5-day period...

Dell Files Cybersquatting Lawsuit against Domain Name Companies

Posted on December 03, 2007
In a lawsuit filed in Florida, Dell charges Juan Pablo Vazquez of Miami, Florida, several unknown individuals, and a handful of domain name companies with violating its trademarks on more than 1,100 domain names. The lawsuit, unsealed two weeks ago,....

Trademarks & Cybersquatting: Interview with Alan Drewsen

Posted on December 02, 2007
Today via phone we have with us Mr. Alan Drewson. Alan is the executive director of INTA. Good afternoon, welcome to the program, Alan.

Free Cybersquatting Report

Posted on October 29, 2007
Traverse Legal offers a free Cybersquatting Report to anyone interested in determining whether or not their domain name is having traffic diverted, website visitors forwarded to competitor websites or are otherwise the victim of cybersquatting. Many companies go for months...

ICANN is Gathering Evidence Concerning Domain Name Front Running

Posted on October 29, 2007
By ANICK JESDANUN The Associated Press Wednesday, October 24, 2007 NEW YORK -- The Internet's key oversight agency is investigating suspicions that insider information is being used to snatch desired domain names before an individual or business can register them...

Are All Domainers Cybersquatters?

Posted on September 13, 2007
With the number of domains being registered by domainers, domain tasters and various domain monetization companies, the cybersquatting debate continues to increase in intensity. In the interview with Professor Eric Goldman, the phenomena of domaining is explored...

Cybersquatting and Domain Name Dispute Lawyers

Posted on August 24, 2007
We are a law firm specializing in cybersquatting and domain theft matters. Domain name disputes are becoming more common all the time. There are a number of reasons why people lose their domain names to cybersquatters. If you have trademark...

CADNA, Just a Start!!!

Posted on August 24, 2007
The Coalition Against Domain Name Abuse (CADNA), is a new group backed by some of the largest organizations in the world, such as Dell and Hilton. CADNA's goal is to make cybersquatting laws, including the Anti-Cybersquatting Act (ACPA), more stringent...

Protecting Your Domain Name: Control is the Key.

Posted on August 14, 2007
Traverse Legal's Enrico Schaefer featured on vTalkRadio.com. Here he explains how to protect your domain name and trademarks from theft or cybersquatting on the internet. ... with Expert Enrico Schaefer of Traverse Legal Sponsor TraverseLegal.com Read Transcript Play Show JOHN:...

Buying & Selling Domain Names.

Posted on July 30, 2007
Fox News recently ran this program on the buying and selling of domain names. It is true that domain names are becoming extremely valuable. Domain name sales have continued to climb both in terms of value and volume. Domains are...

Registrant?s Domain Name Thefts by Enom

Posted on June 04, 2007
Enom, the domain name registration company, has been stealing domain names from their own registrants. Enom has transferred its customer?s domains to its own control, claiming that they are infringing upon Enom?s trademark rights. Variations of ?enom? are recorded by...

Enom Stealing Domain Names from Registrants?

Posted on May 14, 2007
The YourReview.us Blog is reporting that Enom unilaterally, without notice or legal justification transferred registration of its customers? domains to its own control. Apparently, Enom runs a script on its database of registrants looking for anyone who has registered any...

Domain Dispute: Utube v. YouTube.com

Posted on April 06, 2007
The owner of Utube.com has recently filed suit against the much more famous YouTube.com company recently purchased by Google. UTube is a domain owned by a tube and pipe equipment manufacturer. Universal Tube and Rollform Equipment Corp. in Perrysburg, Ohio,...

Cybersqautting Act Used to Protect Trademarks

Posted on April 04, 2007
The DomainTools Blog recently reported the following information concerning Neiman Marcus? success in protecting its trademarks from cybersquatters using the Anti-cybersquatting Protection Act. Name.com and its sister company, Spot Domains LLC, have been accused of violating the anit-cybersquating act by...

Registerfly Update From ICANN

Posted on April 04, 2007
The ICANN Blog has reported the following information concerning the Registerfly problems. Q. If ICANN terminated Registerfly's accreditation agreement on 31 March, why do they still claim to be accredited? A. Registerfly decided to file an arbitration action to stall...

Cybersquatting Initiative By Microsoft

Posted on April 04, 2007
The following press release was issued by Microsoft concerning its latest cybersquatting initiative, directed at protecting its trademarks and brand names worldwide. Microsoft Press Release on Cybersquatting IntiativesText of Microsoft press release on cybersquatting initiatives: LONDON, and REDMOND, Wash...

Is ICANN Liable for Failing to Rescind Registerfly's Accreditation?

Posted on March 04, 2007
There is a lot of commentary among registrants and watchers that ICANN is also responsible for the losses being incurred by those victimized by Registerfly. The issue of whether class action litigation can be brought against Registerfly, eNom and/or ICANN...

RegisterFly Update By ICANN

Posted on March 04, 2007
If you are a victim of the Registerfly meltdown and your domain names are currently at risk, you should contact one of our domain name lawyers by emailing us here. Or you can retain Traverse Legal now by clicking here....

RegisterFly Meltdown

Posted on March 03, 2007
If you are a victim of the Registerfly meltdown and your domain names are currently at risk, you should contact one of our domain name lawyers by emailing us here. Or you can retain Traverse Legal now by clicking here....

ICANN, Cybersquatting, and Privacy

Posted on March 02, 2007
Law.com has reported that ICANN is considering a new policy that would let website owners/domain registrants keep most of their contact information confidential when they register for a domain name. On the one side, registrants want to keep their information...

ICANN Accredited RegisterFly Implodes

Posted on March 02, 2007
If you are a victim of the Registerfly meltdown and your domain names are currently at risk, you should contact one of our domain name lawyers by emailing us here. Or you can retain Traverse Legal now by clicking here....

Cybersquatters Beware

Posted on January 24, 2007
The current Uniform Domain Name Dispute Resolution Policy (UDRP) offers a relatively quick and cost effective mechanism to independently resolve disputes that arise from the abusive registration of trademarks as domain names. Under the UDRP, a complainant must show that...

?Is Pornosquatting Enough to Win my Domain Name Dispute??

Posted on January 24, 2007
In order to successfully assert a domain name dispute complaint under the UDRP you have to show that the domain name in dispute is identical or confusingly similar to your trademark, that the respondent does not have a right or...

The Importance of Knowing Your Panel

Posted on January 22, 2007
The golden rule for a trial attorney is "know your judge." This maxim also applies to domain name disputes where the UDRP Panel, who acts as the judge, can determine whether or not you win. As such, parties involved in...

Which UDRP Service Provider Should I Choose?

Posted on January 22, 2007
Some call it forum shopping. Others call it preparation. Given the choice, wouldn?t you choose the latter. You should since you are allowed to and there are readily available ways to choose which forum, or service provider, is best for...

Cybersquatting Wikipedia Definition

Posted on July 21, 2006
Click link here...According to the U.S. federal law known as the Anti-Cybersquatting Consumer Protection Act, Cybersquatting is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else...

Anticybersquatting Consumer Protection Act

Posted on September 19, 2005
15 USCS � 1125 (2005) � 1125. False designations of origin and false descriptions forbidden (a) Civil action. (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any...