NameSilo

Cybersquate to your hearts content

Located in Legal Discussion, started by dna, Oct 15, 2016

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3
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940

  1. dna

    dna Top Contributor VIP ★★★★★★★★★★

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    There is so much bad information concerning cybersquatting and trademark infringing being circulated on Namepros that I thought I should make quote available:

    "One of the main problems concerning trademarks and domain names in unrestricted TLDs and gTLDs is that of trademarks in general: the rights of the trademark owner have to be asserted in order to protect the trademark. The trademark owner has to take legal action, typically a UDRP, to defend the trademark after the potentially infringing domain has been registered. The UDRP action has to follow a procedure of notifying the respondent, receiving a reply from the respondent, appointing an adjudication panel and awaiting a decision. The process can take two months or more and all costs (typically more than $1,000 even for a single domain) are borne by the complainant, while the infringing party stands to lose nothing except the registration fee (usually under $10) for the original domain and the registrar of the infringing name incurs no penalty at all."
     
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  2. TestCase

    TestCase Note: Doesn't play well with others. VIP ★★★★★★★★★★

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    Mmmmmmm, I see your quote and raise you this....

    Source: http://keytlaw.com/netlaw/domain-name-dispute-faq/

    Yeah, THERE SURE IS a lot of bad information concerning cybersquatting and trademark infringement being passed around. Cough, cough. Wink, wink. Nudge, nudge... :xf.confused::xf.eek:O_o

    [​IMG]
     
    Last edited: Oct 15, 2016
  3. Hypersot

    Hypersot Top Contributor VIP

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    I just follow common sense; I don't exploit other businesses traffic (aka. typos), I avoid domains that clearly relate to entities who are well known and generally I avoid earning without putting some hard work myself.

    Note that I mainly do parking and doing the above is very hard but it can happen if one is careful not to step in other people's toes.

    That is the reason I believe that in my three years into domaining I have never had an issue with UDRPs.
     
  4. Kuffy

    Kuffy Name Stag VIP

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    I'm one of the people who has come under attack foir this. My policy is to put myself in the place of the trademark owner, and reflect on the way I would like to see the name used. There are so many name variants, that it is not economic to register all of them to defend a trademark. With my "Sony video" name. I included prominent links to the various Sony video sites, I stated that I was not affiliated with Sony in any way, and that should Sony want the name, I would be preopared to give it to them at no cost.

    I made sure that any comments on the site were favourable to Sony, and that no advertising or links were associated with any competing products. I owned the name for a few years, and didn't ever receive any contact from them. They must have known that I was using the name, because of the direct links to their sites..

    And I really believe that Sony products are high quality, despite the fact that I let the domain drop when I was clearing out my portfolio. :) I see that a Chinese company has picked up the name.
     

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