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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

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 ť Blog Archive ť 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...

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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 Ť 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 ť Blog Archive ť 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...

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