Beware of purchasing TM domain names!

freedom30 · 01-31-2012, 06:15 AM

Verizon Sues Parked.com & DirectNic For Cybersquatting on Over 600 Domain Names

http://www.thedomains.com/2012/01/30...-domain-names/

***mis_chiff*** · 01-31-2012, 08:22 AM

Does this mean that management/owners owned the domains in question
or their employees? [considering the suit is against the companies]

If they names were parked there by individuals for parking purposes
will they take action on those domain owners or still the cpmpany owners?

Didn't Parked.com close it's doors recently?

**enlytend** · 01-31-2012, 04:13 PM

It mentioned some "John Doe defendents" - probably the domain name owhers.

silentg · 01-31-2012, 04:19 PM

Nobody should be buying TM domains. Hopefully this will teach parking companies a lesson. Time to clean out the parked domains and ban members who park obvious tm domains.

alien51 · 01-31-2012, 04:37 PM

It's interesting that Verizon actually wanted to transfer these trashy names to them.

Seriously, if these trash names are parked, who in his right mind would type "goodfridayatverizonamphitheatre.com" on their browser URL so that the domain owner would get 0.002 cents for the page impression? Then they'll sue you for 100 grand per TM domain you own ???

**enlytend** · 02-01-2012, 05:18 AM

There were a couple of names on that list where I couldn't figure out how they would be considered a squat on Verizon, for example, "amberzon." (??? Am I missing something there? Looks more like "Amazon" to me.) I think their strategy was to cast a wide net rather than risk missing anything.

Apart from the sleaze factor, tm typos are risky at best. Investing in typos of companies that aggressively pursue infringers, like Verizon and Microsoft, is kind of suicidal.

alien51 · 02-01-2012, 05:41 AM

I guess if you "park" a domain, it's a valid evidence of an "attempt to profit" from the name.

Unlike if you buy a TM domain and just leave it unused, there wouldn't have been any financial damages involved. The only thing they could compel you to do is hand over the domains and nothing more.

**enlytend** · 02-01-2012, 06:25 AM

Quote:

I guess if you "park" a domain, it's a valid evidence of an "attempt to profit" from the name.

Those names probably all had ads for Verizon and/or its competitors on the parked page(s).
And/or a "for sale" link.

I haven't read any of the actual documents in this case. Would be interesting to know if any of those domains, especially the less obvious ones, were NOT running Verizon (or competing) ads.

Generally, as long as you're not using a name for the same class(es) of goods/services for which the mark owner has been granted the trademark, you're OK. BUT Verizon is a well-known mark and that gives them a much wider "reach."

***johname*** · 02-01-2012, 07:54 AM

Originally Posted by alien51

It's interesting that Verizon actually wanted to transfer these trashy names to them.

They would want these names transfered to further there court case against parked.
????: NamePros.com http://www.namepros.com/industry-news/745164-beware-of-purchasing-tm-domain-names.html

********************

Originally Posted by enlytend

I haven't read any of the actual documents in this case. Would be interesting to know if any of those domains, especially the less obvious ones, were NOT running Verizon (or competing) ads.

I would be shocked

beyond belief if any domain with Verizon in it didn't spit out Verizon adds

Plus you can repeatedly come back to the parked name and get screen shots.

CureCancer · 02-01-2012, 07:56 AM

Originally Posted by freedom30

Verizon Sues Parked.com & DirectNic For Cybersquatting on Over 600 Domain Names
????: NamePros.com http://www.namepros.com/showthread.php?t=745164

http://www.thedomains.com/2012/01/30...-domain-names/

It's about time.

**enlytend** · 02-01-2012, 09:12 AM

Originally Posted by johname

I would be shocked

beyond belief if any domain with Verizon in it didn't spit out Verizon adds

I was talking about the "iffy" names on the list, like "amberzon."

silentg · 02-01-2012, 10:01 AM

Only if companies will go after Sedo, GoDaddy, Flippa, Pool, Namejet, and Snapnames for providing a marketplace to sell TM domains.

phowell23 · 02-04-2012, 05:22 AM

Wonder why companies don't sue Registrars more often? When a domain with a trademark in it or a typo TM squat domain expires then the registrar automatically parks it and puts ads on it until it drops. During that time they are making money off the trademark term/traffic.

janismo · 02-04-2012, 06:28 AM

could you help re same question a bit...if there is a registered trademark of "5a" (random example) and there is established "5a.com" webpage, does it mean that I cannot develop "5a.net", "5a.org" etc.?

thank you!

**enlytend** · 02-04-2012, 10:25 AM

Quote:

if there is a registered trademark of "5a" (random example) and there is established "5a.com" webpage, does it mean that I cannot develop "5a.net", "5a.org" etc.?

As I said earlier in this thread:

Quote:

Generally, as long as you're not using a name for the same class(es) of goods/services for which the mark owner has been granted the trademark, you're OK.

Though that may not be the case if "5a" is a well-known trademark - like Verizon, Disney, Pepsi, Microsoft ...
????: NamePros.com http://www.namepros.com/showthread.php?t=745164

Every situation is different, the details are important.

janismo · 02-16-2012, 07:39 AM

thank you guys!

then what about LLLL.com (s). Let's say one letter + dictionary word. I assume, most of 3 letter words are trademarks in corresponding market (rec - recordings, cam - electronics etc.).

does it mean that most of such LLLL.com cannot be developed in the same market?

srisri24 · 03-07-2012, 08:48 PM

One should always avoid TM and celebrity domains

freedom30 · 03-08-2012, 04:07 AM

...like pushers on a street corner selling illegal drugs, the registrars are also culpable and should be held liable for selling blatant TM issue domain names...

They shouldn't be allowed profit from this and it is high time that they are held accountable...

The iffy ones can be settled case by case.

**enlytend** · 03-08-2012, 05:08 AM

Quote:

...like pushers on a street corner selling illegal drugs, the registrars are also culpable and should be held liable for selling blatant TM issue domain names...

I agree in principle ...
????: NamePros.com http://www.namepros.com/showthread.php?t=745164

Problem is: Define "blatant."

At the time of registration,
- How do the registrars know you're not an authorized representative of the mark holder?
- How can the registrars know how you're going to use the name? (Since tm's are assigned to classes of goods and services, usage is important. Also, consider nonprofit "sucks" sites and fan sites, authorized resellers like car dealerships ...)

So their terms and conditions put the burden on the registrant.

Acknowledging there "might" be a problem with a certain registration could ironically put them at greater legal risk, even if it's done in an attempt to deter infringement.

That said, do any of the registrars even have any educational material (about the legal aspects of registering/using a domain) on their sites?

freedom30 · 03-08-2012, 07:15 AM

Originally Posted by enlytend

I agree in principle ...
????: NamePros.com http://www.namepros.com/showthread.php?t=745164

Problem is: Define "blatant."

At the time of registration,
- How do the registrars know you're not an authorized representative of the mark holder?
- How can the registrars know how you're going to use the name? (Since tm's are assigned to classes of goods and services, usage is important. Also, consider nonprofit "sucks" sites and fan sites, authorized resellers like car dealerships ...)

So their terms and conditions put the burden on the registrant.

Acknowledging there "might" be a problem with a certain registration could ironically put them at greater legal risk, even if it's done in an attempt to deter infringement.

That said, do any of the registrars even have any educational material (about the legal aspects of registering/using a domain) on their sites?

...as President Clinton once said "it depends what the definition of the word "is" is...

Yes, there probably need to be rule changes but I stand on the basic principle that registrars cannot haphazardly just sell a domain name that is illegal for someone else to use.

This era of turning a blind eye to the "innocent" pushers while punishing those that, wittingly or unwittingly, purchase a tm-issue name that is useless to them has to go and I am surprised that the 21st century still allows this to happen.

I will be happy when this discrepancy is over and registrars are held accountable for their actions. Sooner than later, I hope...

**enlytend** · 03-08-2012, 10:09 AM

Quote:

Yes, there probably need to be rule changes but I stand on the basic principle that registrars cannot haphazardly just sell a domain name that is illegal for someone else to use.

That's my point though - how do they know at point-of-sale if it will be used legally or illegally?

- Toyota is a tm. What if I register WestPodunkToyota.com? Am I squatter or am I an authorized dealership and thus allowed, per my relationship with the company, to use the name?

- There are a couple of tm's for Apple. I register Apple dot sometld or Applesomething.com. Am I a squatter? What if I have a company called Apple which manufactures chimney flashing or something?

- Verizon is a tm. What if I register a bunch of Verizon--- names and typos? Am I a squatter or was I assigned the task of making defensive registrations for the company? Or if I'm a consultant for a business registering domain(s) for a new project I was hired to do?

- Disney is a tm. I register Disney-something.com What if I'm making a nonprofit site where people can voice their complaints?

It isn't "illegal" until the domain is used or abused.

If they auto-block seemingly "blatant" squats ...
????: NamePros.com http://www.namepros.com/showthread.php?t=745164

- Company B wasn't considered "blatant" enough to include in the block list. Company B sues them because they blocked malicious registrations for Company A but not Company B.

- Someone prevented from registering a domain in good faith for a perfectly legal purpose sues them for hindering their business.

If tney manually look at every registration request and decide whether or not to allow it, reg fees will go up and registering a name will take forever. If the "raters" make a mistake ... see above.

lothos · 03-08-2012, 10:31 AM

There are a few details missing here.

Google "kenyatech", and Dell v Directnic, and http://thoseproducers.blogspot.com

It appears that Direcnic was a little more involved than simply being a registrar.

**Dave Zan** · 03-09-2012, 05:11 PM

Originally Posted by enlytend

That said, do any of the registrars even have any educational material (about the legal aspects of registering/using a domain) on their sites?

At the very least, Moniker does. Sure would be nice if the others do.

katdan · 03-16-2012, 12:26 PM

Seeing all these TM domains being sold on these domain auction services, makes me wonder how they could even stay in business.

dna · 03-16-2012, 05:17 PM

I really suspect that the problem with these domains is that they have
those parked page ads that might confuse some people into beleaving
that they are looking at a Verizon website. I would surely have
the free speech right to own verizonsucks.com if I wanted to make
a website that was critical of Verizon. Unfortunately, Verizon
already owns verizonsucks.com.

01-31-2012, 06:15 AM	THREAD STARTER #1 (permalink)
freedom30 Senior Member Join Date: May 2007 Location: Windy City Posts: 2,437	Beware of purchasing TM domain names! Verizon Sues Parked.com & DirectNic For Cybersquatting on Over 600 Domain Names http://www.thedomains.com/2012/01/30...-domain-names/ __________________ .TV - go ahead...turn it on! DomainSales.TV

01-31-2012, 04:13 PM	#3 (permalink)
enlytend Forum Moderator Join Date: Aug 2006 Location: USA Posts: 2,152 Follow @enlytend	It mentioned some "John Doe defendents" - probably the domain name owhers. __________________ Enlytend Solutions - Internet marketing and web development Was my advice helpful? Please consider a small donation to the National Canine Cancer Foundation - a tax deductible 501(c)(3)that directly funds cancer research

01-31-2012, 04:19 PM	#4 (permalink)
silentg Senior Member Join Date: Mar 2010 Location: ariyas.com Posts: 1,394 Follow @domainsg	Nobody should be buying TM domains. Hopefully this will teach parking companies a lesson. Time to clean out the parked domains and ban members who park obvious tm domains. __________________ █ Makeup Games Funny Gags - Free Education Online- Cooking Games

02-01-2012, 05:18 AM	#6 (permalink)
enlytend Forum Moderator Join Date: Aug 2006 Location: USA Posts: 2,152 Follow @enlytend	There were a couple of names on that list where I couldn't figure out how they would be considered a squat on Verizon, for example, "amberzon." (??? Am I missing something there? Looks more like "Amazon" to me.) I think their strategy was to cast a wide net rather than risk missing anything. Apart from the sleaze factor, tm typos are risky at best. Investing in typos of companies that aggressively pursue infringers, like Verizon and Microsoft, is kind of suicidal. __________________ Enlytend Solutions - Internet marketing and web development Was my advice helpful? Please consider a small donation to the National Canine Cancer Foundation - a tax deductible 501(c)(3)that directly funds cancer research

02-01-2012, 10:01 AM	#12 (permalink)
silentg Senior Member Join Date: Mar 2010 Location: ariyas.com Posts: 1,394 Follow @domainsg	Only if companies will go after Sedo, GoDaddy, Flippa, Pool, Namejet, and Snapnames for providing a marketplace to sell TM domains. __________________ █ Makeup Games Funny Gags - Free Education Online- Cooking Games

01-31-2012, 08:22 AM	#2 (permalink)
*mis_chiff* goof free! Join Date: Mar 2006 Location: Canada Posts: 9,364 Follow @mis_chiff	Does this mean that management/owners owned the domains in question or their employees? [considering the suit is against the companies] If they names were parked there by individuals for parking purposes will they take action on those domain owners or still the cpmpany owners? Didn't Parked.com close it's doors recently?

01-31-2012, 04:37 PM	#5 (permalink)
alien51 NamePros Regular Join Date: Oct 2008 Location: Sector 7G, Alpha Centauri Posts: 844	It's interesting that Verizon actually wanted to transfer these trashy names to them. Seriously, if these trash names are parked, who in his right mind would type "goodfridayatverizonamphitheatre.com" on their browser URL so that the domain owner would get 0.002 cents for the page impression? Then they'll sue you for 100 grand per TM domain you own ???

02-01-2012, 05:41 AM	#7 (permalink)
alien51 NamePros Regular Join Date: Oct 2008 Location: Sector 7G, Alpha Centauri Posts: 844	I guess if you "park" a domain, it's a valid evidence of an "attempt to profit" from the name. Unlike if you buy a TM domain and just leave it unused, there wouldn't have been any financial damages involved. The only thing they could compel you to do is hand over the domains and nothing more.

02-04-2012, 05:22 AM	#13 (permalink)
phowell23 NamePros Regular Join Date: Jan 2010 Location: New Orleans, LA Posts: 361	Wonder why companies don't sue Registrars more often? When a domain with a trademark in it or a typo TM squat domain expires then the registrar automatically parks it and puts ads on it until it drops. During that time they are making money off the trademark term/traffic.

02-04-2012, 06:28 AM	#14 (permalink)
janismo NamePros Member Join Date: Jan 2011 Posts: 57	could you help re same question a bit...if there is a registered trademark of "5a" (random example) and there is established "5a.com" webpage, does it mean that I cannot develop "5a.net", "5a.org" etc.? thank you!

02-16-2012, 07:39 AM	#16 (permalink)
janismo NamePros Member Join Date: Jan 2011 Posts: 57	thank you guys! then what about LLLL.com (s). Let's say one letter + dictionary word. I assume, most of 3 letter words are trademarks in corresponding market (rec - recordings, cam - electronics etc.). does it mean that most of such LLLL.com cannot be developed in the same market?

03-07-2012, 08:48 PM	#17 (permalink)
srisri24 Senior Member Join Date: Jan 2007 Posts: 1,254	One should always avoid TM and celebrity domains __________________ Tax Report Secret gallery Get Free Back Links Brazil Travel Info

03-08-2012, 04:07 AM	THREAD STARTER #18 (permalink)
freedom30 Senior Member Join Date: May 2007 Location: Windy City Posts: 2,437	...like pushers on a street corner selling illegal drugs, the registrars are also culpable and should be held liable for selling blatant TM issue domain names... They shouldn't be allowed profit from this and it is high time that they are held accountable... The iffy ones can be settled case by case. __________________ .TV - go ahead...turn it on! DomainSales.TV

03-08-2012, 10:31 AM	#22 (permalink)
lothos Senior Member Join Date: May 2009 Posts: 1,412	There are a few details missing here. Google "kenyatech", and Dell v Directnic, and http://thoseproducers.blogspot.com It appears that Direcnic was a little more involved than simply being a registrar. __________________ Webmaster Coupons Coupons and discounts for hosting, domains, SSL Certs, and more! Hostgator Coupons \| Godaddy Coupons \| Namecheap Coupons \| Name.com Coupons \| DynaDot Coupons \| BigRock coupons Domain Censorship Internet censorship issues

03-16-2012, 12:26 PM	#24 (permalink)
katdan New Member Join Date: Mar 2012 Posts: 15	Seeing all these TM domains being sold on these domain auction services, makes me wonder how they could even stay in business.

03-16-2012, 05:17 PM	#25 (permalink)
dna NamePros Regular Join Date: Apr 2004 Posts: 646	I really suspect that the problem with these domains is that they have those parked page ads that might confuse some people into beleaving that they are looking at a Verizon website. I would surely have the free speech right to own verizonsucks.com if I wanted to make a website that was critical of Verizon. Unfortunately, Verizon already owns verizonsucks.com. Last edited by dna; 03-16-2012 at 05:22 PM.

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