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Old 03-06-2008, 11:35 AM   · #59
labrocca
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Name: Jesse Labrocca
Location: Las Vegas
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labrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond reputelabrocca has a reputation beyond repute
Child Abuse Child Abuse
Quote:
"such domain name is or contains the identical name or brand name of, or is confusingly similar to the name or brand name of a government office, nonprofit organization, business, or other entity" - all it takes is one business or entity.



And Ebay would still have to prove Filterbay it's confusingly similar. The burden to prove their case is still there.

Quote:
I guess then you're safe. But "person's bona fide noncommercial use of the domain name or fair use of a mark in a website accessible under the domain name", so i assume you won't have ads.



Again...it would be wise for domainers to finally become legitimate TM holders and established their own rights. Why assume I won't have ads? One point in obtaining TM is commercial usage. If anything I would be certain to add advertisers.

Quote:
I guess you must satisfy this for ALL your domains - tm is only valid for wipo/udrp - "extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person"



If the bill passes I would careful survey my portfolio...probably remove a few from parking, create a logo, add some ads and get some site running to establish my rights. I build 3-5 sites a month..I would just have to step it up a bit. I would probably let some obvious stuff drop too. No big deal. I lose a little income to ensure I am legit and legal. The stuff I would let drop is risky domains anyways. I am sure that's the same for many domainers. They fear their cybersquatting gray area days are numbered...and they are right too.

I am probably one of the few domainers here that considers himself more of a webmaster than anything else. Too many here aren't developers. They park their portfolio's and try to get people to buy their domains. It's not honorable. It's not what the internet was created for. It's an abuse of the system. This bill could end that. Sorry domainers..yer screwed. Eventually you might have to write some html.


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