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Trademark Law

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: 1/day

Last Entry: May 04, 2010 at 14:24:26

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...

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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.

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