The landing page is one of the first impressions that potential buyers will have of your domain name. It also can provide information about the name, a link for purchase or lease, and how to make contact.
However, should your name be disputed in a legal action or UDRP, that landing page can be potentially exploited by those seeking to make a case against you. So be very careful with your parking and landing pages.
In a recent discussion at NamePros, John Berryhill offered some detailed advice on the topic of landers, parking and defending domain names from disputes. He challenges some common domainer opinions, with extensive citations from UDRP cases. His comments on this important topic deserve a broader audience.
While the remarks below are specifically with respect to 3-letter acronyms, many of the principles also apply more broadly. The quotations below are from John Berryhill, although I added bold for emphasis in some cases. The links are given at the end of this article.
Famous Trademark or Common Acronym?
Most short names have possible acronym use, and probably somewhere in the world they are used as trademarks in one or more categories. It is important to be familiar with the landscape, and to know whether the trademark or generic use dominates for the letter sequence.
If Possible, Target Parking
Since most short acronyms will have both trademark use somewhere in the world, and generic meaning, if one is going to use a pay per click (PPC) parking page, it is important that it be targeted to the generic use only.
Check Your Parking
If you do have parking, check carefully how it is operating.
But What If I Don’t Know?
If you don’t know that the parking companies are occasionally linking to conflicting sites, is it okay? I mean you didn’t deliberately or knowingly target them. That is fine, right? No!
Figuring Out An Alternative Meaning
So I have some acronym, and yes Google shows it is a famous trademark, but I can just figure out an alternative use and say that is why I acquired it. That is a good idea, right? No!
What If I Redirect It To My Business?
So let’s say you have an online business, and also a domain name only indirectly related to that business. Can you use the domain name to direct traffic to your site, and use that to show that you have legitimate interest in the name?
Buying and Selling Domain Names is a Proper Use
Through a series of quotations from actual decisions he clearly demonstrated that panels repeatedly have upheld buying and selling generic domain names is a legitimate business. For example, this panel stated
Coming Soon
This Domain Name Might Be For Sale
Just To Be Safe, I Won’t Have Any Lander
Perhaps you are hesitant to have any lander at all. John Berryhill says that is not a good idea, because you are giving up an opportunity to show you have a legitimate interest in buying and selling names with broad generic value, and that this name is valuable because of its generic possibilities.
What About A Lander That Just Says ‘For Sale’?
If your lander only says for sale and possibly a price, you have not clearly specified the domain name is valuable for its generic worth. With a simple ‘for sale’ lander there could be confusion on whether the name was acquired because of a trademark.
He goes on to urge use of domain-specific landers that stress the generic value of the name, to make it clear what the intention was when the name was acquired.
Overall Panels Usually Get It Right
Some UDRP decision seems wrong. Because attention is focussed on these, it is easy to overlook what happens most of the time. John Berrryhill says specifically on short domains:
Dr. John Berryhill
Dr. John Berryhill is something of a legend here on NamePros. He has been a NamePros member for 17 years, and has posted more than 2500 times. Many of those posts are detailed, with numerous supporting links.
His style can be direct and bold, some might say blunt, often colorfully expressed, but always clear and soundly based. His posts have received more than 5000 likes.
He runs a Philadelphia area law practice that specializes in domain names, trademarks, patents and copyright. He has frequently represented domain investors, including many of the biggest names in domain investing, and has a stellar record of successful cases.
As well as his law degree from Widener University, he has a Ph.D. in Electrical Engineering from the University of Delaware.
John Berryhill has participated in conferences, working groups, and task forces. He has served ICANN in several ways, including more than a decade as a voting member as a Registrar Constituency Representative.
Lonnie Borck Memorial Award
John Berryhill was awarded the Lonnie Borck Memorial Award at the NamesCon conference held in Las Vegas in early 2019. The citation honouring his work:
The Lonnie Borck Memorial Award is administered by the Internet Commerce Association, and has been described as the “highest honor within the domain industry.” Recipients of the Lonnie Borck Memorial Award are:
Lonnie Borck was an outstanding domain investor and entrepreneur who started multiple successful businesses. He was generous in contributing to the domain community, and his own local community. He passed away suddenly at the age of 47. Ron Jackson wrote a tribute to Lonnie Borck for DNJournal, as did Elliot Silver at Domain Investing.
It is most appropriate that John Berryhill was honoured with this memorial award. We are indeed fortunate that he contributes so actively to NamePros.
A Few Links
The quotations with respect to domain landers and parking are from the posts in the following list, in case you want to seek context and further references:
I took a visual look at domain name landers, followed up by an article on 16 possible questions to ask when choosing a lander.
However, should your name be disputed in a legal action or UDRP, that landing page can be potentially exploited by those seeking to make a case against you. So be very careful with your parking and landing pages.
In a recent discussion at NamePros, John Berryhill offered some detailed advice on the topic of landers, parking and defending domain names from disputes. He challenges some common domainer opinions, with extensive citations from UDRP cases. His comments on this important topic deserve a broader audience.
While the remarks below are specifically with respect to 3-letter acronyms, many of the principles also apply more broadly. The quotations below are from John Berryhill, although I added bold for emphasis in some cases. The links are given at the end of this article.
Famous Trademark or Common Acronym?
Most short names have possible acronym use, and probably somewhere in the world they are used as trademarks in one or more categories. It is important to be familiar with the landscape, and to know whether the trademark or generic use dominates for the letter sequence.
Look through a number of pages of Google for the term, so you are familiar with the relative generic versus trademark use.You have to think on a scale, and not in binary terms. Some great resources are out there like.... you'll never guess what I'm going to recommend... GOOGLE – for figuring out the relative significance of a trademark vs. acronymic meaning for a short string of letters. There are also things like acronym finder, etc.
If Possible, Target Parking
Since most short acronyms will have both trademark use somewhere in the world, and generic meaning, if one is going to use a pay per click (PPC) parking page, it is important that it be targeted to the generic use only.
Unfortunately, most parking services do not allow one to target narrowly. Even occasional cases of a parking page that directs to a trademark owner, or competitor, can lead to problems. So be very careful with parking. That said, he pointed out that many successfully defended names had used monetized parking.Targeted PPC relevant to a generic meaning - The name speaks for itself. If the name is "ELK.com" and it has PPC ads for hunting equipment, hunting lodges, hunting guides, etc., then we can be pretty sure that it wasn't registered to take advantage of some obscure Australian trademark for clothing.
Check Your Parking
If you do have parking, check carefully how it is operating.
If your names are valuable to you, and you have them on PPC, then take the time to have a look at what those names are doing. For example, if you havearmbone.com
and the PPC links are for ‘orthopedic doctors’, ‘vitamin D’, ‘weightlifting’, etc., then you are probably okay. But if the links come up ‘footwear’, ‘shoes’, ‘athletic shoes’, and so on, then that might be a good sign that someone is using armbone as a trademark for shoes, it is feeding back into the PPC engine, and you are going to lose a UDRP.
But What If I Don’t Know?
If you don’t know that the parking companies are occasionally linking to conflicting sites, is it okay? I mean you didn’t deliberately or knowingly target them. That is fine, right? No!
He goes on to add, howeverParticularly with respect to “automatically” generated pay-per-click links, panels have held that a respondent cannot disclaim responsibility for content appearing on the website associated with its domain name (nor would such links ipso facto vest the respondent with rights or legitimate interests). Neither the fact that such links are generated by a third party such as a registrar or auction platform (or their affiliate), nor the fact that the respondent itself may not have directly profited, would by itself prevent a finding of bad faith.
While a respondent cannot disclaim responsibility for links appearing on the website associated with its domain name, panels have found positive efforts by the respondent to avoid links which target the complainant’s mark (e.g., through “negative keywords”) to be a mitigating factor in assessing bad faith.
Figuring Out An Alternative Meaning
So I have some acronym, and yes Google shows it is a famous trademark, but I can just figure out an alternative use and say that is why I acquired it. That is a good idea, right? No!
What is going to save you in a UDRP is an obvious and credible reason why the domain name has value apart from whatever narrow trademark meaning it may have. If the ONLY real significance of the name is as a trademark, you are wasting your time. If you think that "I bite monkeys" with monkey meat recipes is going to justify registering IBM, then you are wasting your time.
What If I Redirect It To My Business?
So let’s say you have an online business, and also a domain name only indirectly related to that business. Can you use the domain name to direct traffic to your site, and use that to show that you have legitimate interest in the name?
Of course a truly generic name can be directed to a relevant use.Using a famous or inherently distinctive mark to direct to your online store is going to simply be viewed as exploiting someone else's goodwill for commercial gain by diverting traffic intended for them.
Buying and Selling Domain Names is a Proper Use
Through a series of quotations from actual decisions he clearly demonstrated that panels repeatedly have upheld buying and selling generic domain names is a legitimate business. For example, this panel stated
The Respondent is in the business of monetizing ‘generic’ and three-letter domain names. As submitted by the Respondent, a number of previous panels have found that as long as this business is not infringing on a complainant's rights in a mark, the Policy allows registration and use of domain names for this purpose.
The Panel considers that is the case here – the Respondent has a legitimate interest in marketing domain names together with custom designed logos when those names have been chosen for their generic nature and do not seek to capitalize on the Complainant’s trademark.
Coming Soon
Do not use coming soon or some other basically dishonest statement that you will be developing a name if you will not be developing a name. It doesn't help you to lie.
This Domain Name Might Be For Sale
Likewise, don't use a dumbass statement like "this name might be for sale.”
Just To Be Safe, I Won’t Have Any Lander
Perhaps you are hesitant to have any lander at all. John Berryhill says that is not a good idea, because you are giving up an opportunity to show you have a legitimate interest in buying and selling names with broad generic value, and that this name is valuable because of its generic possibilities.
What About A Lander That Just Says ‘For Sale’?
If your lander only says for sale and possibly a price, you have not clearly specified the domain name is valuable for its generic worth. With a simple ‘for sale’ lander there could be confusion on whether the name was acquired because of a trademark.
The situation is not as clear. Is the person looking to sell it for its trademark value, or for its dictionary meaning. We don't know, so let's have a look at things like previous cases with this person, what other sorts of names have they bought and sold, etc. This species of case is why it is good to have a consistent pattern of buying and selling generic names, phrases, acronyms, etc.
He goes on to urge use of domain-specific landers that stress the generic value of the name, to make it clear what the intention was when the name was acquired.
He gives a few examples of landers that do what he has in mind.If you have a name worth $XXXX, then it is probably worth a few minutes to EXPLAIN WHY IT IS VALUABLE. Instead of simply "this name is for sale", why not expend a few words to actually SELL it.
Overall Panels Usually Get It Right
Some UDRP decision seems wrong. Because attention is focussed on these, it is easy to overlook what happens most of the time. John Berrryhill says specifically on short domains:
When someone wants to talk doom and gloom, about how the UDRP is unfair, etc., bear in mind that domain registrants win the overwhelming majority of decided three-letter .com single domain name UDRP disputes.
Dr. John Berryhill
Dr. John Berryhill is something of a legend here on NamePros. He has been a NamePros member for 17 years, and has posted more than 2500 times. Many of those posts are detailed, with numerous supporting links.
His style can be direct and bold, some might say blunt, often colorfully expressed, but always clear and soundly based. His posts have received more than 5000 likes.
He runs a Philadelphia area law practice that specializes in domain names, trademarks, patents and copyright. He has frequently represented domain investors, including many of the biggest names in domain investing, and has a stellar record of successful cases.
As well as his law degree from Widener University, he has a Ph.D. in Electrical Engineering from the University of Delaware.
John Berryhill has participated in conferences, working groups, and task forces. He has served ICANN in several ways, including more than a decade as a voting member as a Registrar Constituency Representative.
Lonnie Borck Memorial Award
John Berryhill was awarded the Lonnie Borck Memorial Award at the NamesCon conference held in Las Vegas in early 2019. The citation honouring his work:
John is a pioneering domain name attorney who has likely handled more domain name disputes and won more Reverse Domain Name Hijacking decisions than else anyone in the world. He volunteers a considerable amount of time to work on domain name policy matters and to educate domain investors about the law. He combines a sharp wit with formidable legal analysis. In recent years he has taken up bike riding, and now rides each year with Elliot Silver in support of the Pan-Mass Challenge to raise funds for the fight against cancer.
The Lonnie Borck Memorial Award is administered by the Internet Commerce Association, and has been described as the “highest honor within the domain industry.” Recipients of the Lonnie Borck Memorial Award are:
- Michael Cyger (2021)
- Ron Jackson (2020)
- John Berryhill (2019)
- Kathy Kleiman (2018)
- David Weslow (2017)
Lonnie Borck was an outstanding domain investor and entrepreneur who started multiple successful businesses. He was generous in contributing to the domain community, and his own local community. He passed away suddenly at the age of 47. Ron Jackson wrote a tribute to Lonnie Borck for DNJournal, as did Elliot Silver at Domain Investing.
It is most appropriate that John Berryhill was honoured with this memorial award. We are indeed fortunate that he contributes so actively to NamePros.
A Few Links
The quotations with respect to domain landers and parking are from the posts in the following list, in case you want to seek context and further references:
- Quotes from UDRP decisions showing domain investing as a valid activity, and a summary of results from recent UDRP cases involving 3L domain names.
- More background on cases on why showing a record of generic domain investing is best defence.
- PPC Parking and Landing Page specifics, including examples.
- Short example on when you can, and can not, redirect your domain name.
- A real example where parking looks fine, but in fact caused a UDRP.
- Panels and the question of the owner not being aware of inappropriate parking links.
I took a visual look at domain name landers, followed up by an article on 16 possible questions to ask when choosing a lander.
Last edited: