Parking Pages Can Create Risk Of A Finding Of Bad Faith Under the UDRP 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 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 the barriers of entry in an industry, and it allows you to jump right in feet first. You don’t necessarily ...
Traverse legal - Anticybersquatting - 3/20/2008 11:22:40 AM
Kellogg is abusing the UDRP in its effort to secure Eggo.com. 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 latest NAF decision in the case of Kellogg North America v Gregor Illustrates abuse of the U...
Traverse legal - Anticybersquatting - 3/19/2008 11:19:39 AM
More Cybersquatted Domain Names for Your Buck With One UDRP Complaint 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 trademark owner’s business is being harmed by multiple unrelated cybersquatters, she must fi...
Traverse legal - Anticybersquatting - 3/5/2008 10:15:36 AM
Frank Shilling Talks Cybersquatting & Domain Monetization The lawyer of Traverse Legal are proud to sponsor this vTalkradio interview with Frank Shilling. Frank is one of the four largest private generic domain name holders in the world. In this interview, Frank provides invaluable information about domaining, cybersquatting and generic domain registration. Interview highlights ...
Traverse legal - Anticybersquatting - 3/4/2008 11:49:47 AM
DataRecovery.com Domain Name Sells for $1.7 million: Highest Recorded Value So Far In 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 sale of the year. The company will forward it to its existing, estab...
Are LLL.com Domains At High Risk For Cybersquatting Threat Letters and UDRP Arbitrations? 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 easily be taken away by UDRP. Read it here.The thread suggests that regis...
Domain Name Lease with Option to Purchase 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 it might make sense to offer the owner $7,500/year for 3 years with a $100,000 option to buy in year 4. I would imagine this woul...
Traverse legal - Anticybersquatting - 2/19/2008 10:07:22 AM
Registrant/ Respondent of OnePhone.com Wins WIPO Case Brought By Trademark Holder 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 a counterclaim of attempted reverse domain-name hijacking.
But that's just what happened to Indig...
Win or Lose: The UDRP Is Not Your Only Option When It Comes to Domain Names 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 are not the same as those required to win an ACPA federal lawsuit, although similar. If your ...
Traverse legal - Anticybersquatting - 2/15/2008 10:37:56 AM
Bounty Hunters to Track Down Cybersquatters? 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 large global corporations. John Mackenzie, an intellectual prop...
UDRP: Lack of Use of a Domain is NOT Always a Defense 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 owner, they think costly litigation under the ACPA is the only mean...
Amazon Moves to Protect Kindle Trademarks, Sends Threat Letter to "KindleReport.com" 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
Internet access and for displaying electronically published materia...
Traverse legal - Anticybersquatting - 2/10/2008 11:08:43 AM
If The Number '5' License Plate is Worth $6.8 Million, What Is Your Domain Name Worth? Domain names and license plates share some common characteristics. Both allow only one person to own a particular word or number. The supply of good words, vanity words and generic words is finite. Demand for those strong generic or descriptive words is high. Where does supply meet demand on the price curve?&n...
Traverse legal - Anticybersquatting - 2/4/2008 9:10:38 AM
You Are A Legitimate Domainer If ... You Do Not Cybersquat 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 trademark rights. The White Hat Domainers often get lumped in with Bla...
Traverse legal - Anticybersquatting - 2/1/2008 9:55:08 AM
The Many Names of Cybersquatting 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 the domain name, identical or confusingly similar to that mark, and posses...
Traverse legal - Anticybersquatting - 1/28/2008 10:43:57 AM
Traverse legal - Anticybersquatting - 1/26/2008 9:17:41 AM
Maximize Domain Value By Selling To Established Companies With A Specific Need 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 established companies with specific domain needs.&n...
Domain Names Are Valuable Property: Are You Protecting Yours? 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 to protect their assets from unwarranted attacks by overly...
Serious Domainers Require Cybersquatting Law Expertise 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 to any domain portfolio. Trademark holders are always talking about ...
Google To Stop Monetizing Domains During Add Grace Period (AGP) 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 with many of the comments which note that this new policy would only make some forms ...
Traverse legal - Anticybersquatting - 1/25/2008 11:19:09 AM