Microsoft Sues Domain Name Registrar for Typosquatting

Adatise · 12-25-2007, 01:53 AM

I ran across this blog recently. I thought it was worth sharing. Microsoft has sued domain name registrar Red Register claiming that it is illegally profiting from Microsoft's trademarks.

In a lawsuit filed in Seattle earlier this month Microsoft alleges that Red Register snatched up 125 domain names, all "confusingly similar to Microsoft's Marks" in order to profit from Web advertising, a practice known as typosquatting and cybersquatting.

Web surfers may be tricked into clicking on ads on these sites "because the person finds it easier to click on the advertisement or hyperlink than to continue searching for the Microsoft site, or because the person mistakenly believes Microsoft has authorized or endorsed the advertisements," the filings state.

Typosquatting is the practice of registering domain names that contain misspellings of trademark terms. Cybersquatting is the registration of a variant of trademark.

Red Register owns domains such as windowslivecare.com, msnmesnger.com, and ageofmathology.com, Microsoft said in court filings.

Microsoft is seeking to take control of the Red Register domains and is asking for the court to fine the company for unspecified damages. The lawsuit was filed Dec. 4 in King County Superior Court in Seattle.

Although the domains are now registered to a Tortola, Virgin Islands, company named Versata Software, they were previously registered to Red Register and Microsoft believes the current Versata registration information to be false, the filings state.

Domain registrars historically made money by registering domain names to third parties, but that has changed as it has become easier to get into the domain name game. Now many registrars have begun to amass portfolios of domains themselves, or even temporarily registering domains and then dropping them before they are required to pay any fees, a practice called "domain tasting," said Karl Kronenberger, a partner with Kronenberger Burgoyne LLP, a law firm specializing in Internet disputes.

Some companies have even set up several domain name registrars and they pass their domain names from one to the other without ever having to pay fees. This is possible, because domains can be held for three days before any fees are due, Kronenberger said.

Registrars must be accredited by the Internet Corporation for Assigned Names and Numbers (ICANN), the group that oversees the Internet's domain name system, but once that has happened they can get better access to the database of domain names. Companies like Microsoft and Google have become accredited registrars for this reason.

There are presently more than 1,000 registrars worldwide, according to Kronenberger. "It costs US$8,000 per year to maintain your existence as a registrar," he said. "once you pay that, you can register domains very cheaply."

Some registrars have amassed valuable portfolios without running afoul of trademark law, but Microsoft's Red Register lawsuit is not unprecedented. In October, Yahoo filed a similar lawsuit against Belgium Domains. One month later another lawsuit was filed against Belgium Domains, this time by Dell.

Kronenberger said the Microsoft lawsuit "seems to be a pretty straightforward case of a registrar registering large batches of domains containing trademarks."

Microsoft has filed at least five other similar lawsuits in recent years. In March it announced that reached a $2 million settlement against Jason Cox of New Mexico and Newtonarch LLC. It also announced a $1 million settlement in a similar suit against Partner IV Holdings. Perhaps this should be in the Legal Issues & Disputes section.

labrocca · 12-25-2007, 02:07 AM

Looks like Red Register just went out of business.

Sohil · 12-25-2007, 02:09 AM

Read about it earlier on Yahoo, let's see what happens...

MyNet-Tony · 01-06-2008, 05:32 PM

Good. Three days ago they registered the .net of a domain I just launched. I hope Microsoft bankrupts them.

FPForum · 01-06-2008, 09:26 PM

That's some pretty obvious cybersquating. I wouldn't be surprised to see Microsoft win the case but if the domains are now registered overseas is it even possible for microsoft to get them? I mean I guess they could goto ICANN but then what about all the other typos of msnmessenger, office product domains, and others?

duceman · 01-07-2008, 05:39 AM

I find it funny that a registrar would "poke the bear with a stick".

How many times have we seen "M"ike ro soft take out its sledge hammer and start swinging?

There is something for newbies to learn here. If you sell, trade, give, transfer a known TM sensitive name you can still be legally on the hook. If you get a C&D letter and you know that you are in the wrong, de-register the name or transfer the name to the TM holder and ask for forgiveness.

Easydoms · 01-07-2008, 06:32 AM

A very good pointer for all newbies, there is always a minority of people who try to take the p**s and profit from others.

Who in there right mind would take on microsoft!!!!

Would be interesting to see how long Red Register last!!

mrizos · 01-07-2008, 09:37 AM

dopes....bye bye.

Jiblob · 01-16-2008, 04:37 PM

One for the "List of Microsoft Acquisitions" page on Wikipedia

12-25-2007, 01:53 AM	THREAD STARTER #1 (permalink)
Adatise Account Suspended Join Date: Dec 2007 Posts: 50	Microsoft Sues Domain Name Registrar for Typosquatting I ran across this blog recently. I thought it was worth sharing. Microsoft has sued domain name registrar Red Register claiming that it is illegally profiting from Microsoft's trademarks. In a lawsuit filed in Seattle earlier this month Microsoft alleges that Red Register snatched up 125 domain names, all "confusingly similar to Microsoft's Marks" in order to profit from Web advertising, a practice known as typosquatting and cybersquatting. Web surfers may be tricked into clicking on ads on these sites "because the person finds it easier to click on the advertisement or hyperlink than to continue searching for the Microsoft site, or because the person mistakenly believes Microsoft has authorized or endorsed the advertisements," the filings state. Typosquatting is the practice of registering domain names that contain misspellings of trademark terms. Cybersquatting is the registration of a variant of trademark. Red Register owns domains such as windowslivecare.com, msnmesnger.com, and ageofmathology.com, Microsoft said in court filings. Microsoft is seeking to take control of the Red Register domains and is asking for the court to fine the company for unspecified damages. The lawsuit was filed Dec. 4 in King County Superior Court in Seattle. Although the domains are now registered to a Tortola, Virgin Islands, company named Versata Software, they were previously registered to Red Register and Microsoft believes the current Versata registration information to be false, the filings state. Domain registrars historically made money by registering domain names to third parties, but that has changed as it has become easier to get into the domain name game. Now many registrars have begun to amass portfolios of domains themselves, or even temporarily registering domains and then dropping them before they are required to pay any fees, a practice called "domain tasting," said Karl Kronenberger, a partner with Kronenberger Burgoyne LLP, a law firm specializing in Internet disputes. Some companies have even set up several domain name registrars and they pass their domain names from one to the other without ever having to pay fees. This is possible, because domains can be held for three days before any fees are due, Kronenberger said. Registrars must be accredited by the Internet Corporation for Assigned Names and Numbers (ICANN), the group that oversees the Internet's domain name system, but once that has happened they can get better access to the database of domain names. Companies like Microsoft and Google have become accredited registrars for this reason. There are presently more than 1,000 registrars worldwide, according to Kronenberger. "It costs US$8,000 per year to maintain your existence as a registrar," he said. "once you pay that, you can register domains very cheaply." Some registrars have amassed valuable portfolios without running afoul of trademark law, but Microsoft's Red Register lawsuit is not unprecedented. In October, Yahoo filed a similar lawsuit against Belgium Domains. One month later another lawsuit was filed against Belgium Domains, this time by Dell. Kronenberger said the Microsoft lawsuit "seems to be a pretty straightforward case of a registrar registering large batches of domains containing trademarks." Microsoft has filed at least five other similar lawsuits in recent years. In March it announced that reached a $2 million settlement against Jason Cox of New Mexico and Newtonarch LLC. It also announced a $1 million settlement in a similar suit against Partner IV Holdings. Perhaps this should be in the Legal Issues & Disputes section. Last edited by Adatise; 12-26-2007 at 07:42 AM.

12-25-2007, 02:07 AM	#2 (permalink)
labrocca NamePros Expert Join Date: Aug 2004 Location: Las Vegas Posts: 6,268 Follow @supportforums	Looks like Red Register just went out of business. __________________ :$: Support Forum <-- My latest endeavor.:loveyou: Debate Forums Free Online Sudoku My vBum Blog

12-25-2007, 02:09 AM	#3 (permalink)
Sohil Senior Member Join Date: May 2003 Location: Ohio Posts: 2,337	Read about it earlier on Yahoo, let's see what happens... __________________ â€¢â€¢ PolurNET Communications LLC =Avoid the Freeze...Enjoy the Breeze!=

01-06-2008, 05:32 PM	#4 (permalink)
MyNet-Tony NamePros Regular Join Date: Feb 2006 Posts: 240	Good. Three days ago they registered the .net of a domain I just launched. I hope Microsoft bankrupts them. __________________ TheTVRemote.com

01-06-2008, 09:26 PM	#5 (permalink)
FPForum Senior Member Join Date: Apr 2006 Location: Houston, TX Posts: 2,801 Follow @dualrack	That's some pretty obvious cybersquating. I wouldn't be surprised to see Microsoft win the case but if the domains are now registered overseas is it even possible for microsoft to get them? I mean I guess they could goto ICANN but then what about all the other typos of msnmessenger, office product domains, and others? __________________ Linux VPS Hosting \| Reseller Hosting Web Design Reviews \| Make Real Money Online

01-07-2008, 05:39 AM	#6 (permalink)
duceman Senior Member Join Date: Nov 2004 Location: Indy Posts: 2,270	I find it funny that a registrar would "poke the bear with a stick". How many times have we seen "M"ike ro soft take out its sledge hammer and start swinging? There is something for newbies to learn here. If you sell, trade, give, transfer a known TM sensitive name you can still be legally on the hook. If you get a C&D letter and you know that you are in the wrong, de-register the name or transfer the name to the TM holder and ask for forgiveness.

01-07-2008, 06:32 AM	#7 (permalink)
Easydoms Senior Member Join Date: Mar 2006 Location: golfered.com Posts: 1,109	A very good pointer for all newbies, there is always a minority of people who try to take the ps and profit from others. Who in there right mind would take on microsoft!!!! Would be interesting to see how long Red Register last!! __________________ Debt Solutions and free advice blog 2010 Ryder Cup tickets**

01-07-2008, 09:37 AM	#8 (permalink)
mrizos NamePros Regular Join Date: Jun 2007 Posts: 693	dopes....bye bye.

01-16-2008, 04:37 PM	#9 (permalink)
Jiblob Senior Member Join Date: Dec 2004 Location: .co.uk Posts: 2,237 Follow @coultonluke	One for the "List of Microsoft Acquisitions" page on Wikipedia __________________ :hi:

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)