UDRP DRLL.com loses a UDRP to DELL.com

[MapleDots]

Read this on Domain Gang


The domain DRLL.com was registered in 1998, and now Dell has claimed it via the UDRP process.

Visually, the two domains DRLL.com and DELL.com are 75% identical, but what’s more important is how Drll.com was used as a parked domain, taking advantage of the proximity of letters “E” and “R” on the keyboard.

Apparently, Drll.com forwarded to an Amazon affiliate page extracting results for Dell products. That seems to have triggered the wrath of the computer manufacturing giant.

https://domaingang.com/domain-law/d...65234c87ef2af077639f9ad6a8d358#comment-138408

 

[TERADOMAIN]

Thanks for sharing.

 

[MapleDots]

This was my response on Domain Gang...

Whoever owned drll.com was either a very inexperienced domainer or a complete idiot to park the domain with competing product advertisements.

Sorry to be so blunt but what a moronic thing to do.

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In retrospect I was probably a bit harsh

 

[Josytal]

Lesson learnt: A new angle and twist to UDRP interpretation. Not only letters, one must now consider proximity, pronunciation and usage.

Thanks for sharing.

 

[briguy]

This was my response on Domain Gang...

Whoever owned drll.com was either a very inexperienced domainer or a complete idiot to park the domain with competing product advertisements.

Sorry to be so blunt but what a moronic thing to do.

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In retrospect I was probably a bit harsh

If I understood correctly...did this since 1998..must of made money from his affiliates links (computers etc).

Maybe a idiot or blackhatter/scammer, but his/her deceptive ways made money.

Not endorsing this tactic.

 

[MapleDots]

Maybe a idiot or blackhatter/scammer, but his/her deceptive ways made money.

I would say the exact opposite because he lost the domain.
I the end any money he made from parking is probably less than the value of the domain itself.

 

[briguy]

I would say the exact opposite because he lost the domain.
I the end any money he made from parking is probably less than the value of the domain itself.

Just for discussion sake..probably knew he couldn't for much it maybe 2016+. when LLLL'S started getting the public attention

If he made a minimum of $100.00 a month, that is $2100.00 (21 years registered in 98)..that is a passive income for 20 years minus renewals.

Thinking if that name wasn't getting traffic, DELL wouldn't have bothered.

Remember, it was parked and redirecting to a Amazon products

https://www.amazon.com/s?k=dell&ref=is_s

 

[forge]

100 x 12 x 21 = 25,200

 

[briguy]

100 x 12 x 21 = 25,200

Thanks..totally forgot the "times 12 months", probably why I dont do my own income tax..lol

 

[nafti]

I guess if he made $25K plus in that amount of time, it was worth it for him... As he wouldn’t have sold the domain anywhere near that price. Sometimes you have to gamble.

 

[Bob Hawkes]

Probably significant respondent did not submit a response. Wonder how this would have ended if he was represented or at least submitted a response.

 

[BaileyUK]

Probably significant respondent did not submit a response. Wonder how this would have ended if he was represented or at least submitted a response.

His response - Yeah I've been earning commission on Dell products for years with this typo.and (Amazon) Dell link

What else is he gonna say. ??

I suppose he could've said "I wondered why that $100 (guesstimate) a month from Amazon kept appearing in my bank statement - I thought they were refunds"

 

[nafti]

Probably significant respondent did not submit a response. Wonder how this would have ended if he was represented or at least submitted a response.

Maybe he knew he had no chance at winning. I remember having. .ca domain years ago that was HIGHLY trademarked but I took a chance on it. I had it for a few years and made some decent money with it via Adsense (before Google Panda came and squished it). Eventually the TM owners came a knockin’ so I just handed it over but not before I made money from it.

 

[Zilla]

So, What is the best approach if you own a name quite.similar with those big brand？what is the to do or not to do？

 

[Bob Hawkes]

What else is he gonna say. ??

Maybe he knew he had no chance at winning.

Yes, good points. Almost certainly would have lost anyway for such flagrant behaviour.

I hope that somehow down the road the case does not get simplified and used as a precedent for taking domain names that have similar structure to other domain names, overlooking that this case had the other elements. I mean many domain names are about as similar to the word Dell.

I examined the Whois history and he has had it at least since 2009 (could not find older records), and it has had the DNS pointed at Bodis for many years. I wonder what caused them to wait so long and then finally start the UDRP lately.

Thanks for alerting us to this case, @MapleDots (and DomainGang).

Bob

 

[Recons.Com]

Just for discussion sake..probably knew he couldn't for much it maybe 2016+. when LLLL'S started getting the public attention

If he made a minimum of $100.00 a month, that is $2100.00 (21 years registered in 98)..that is a passive income for 20 years minus renewals.

Thinking if that name wasn't getting traffic, DELL wouldn't have bothered.

Remember, it was parked and redirecting to a Amazon products

https://www.amazon.com/s?k=dell&ref=is_s

I don't think the name had traffic...

It is not ranked on Alexa and that is pretty good indicator that it is probably under 1 visitor per day. With 50-300 visits per year, I doubt he made much. Maybe, couple of bucks per month.

 

[Bob Hawkes]

It is not ranked on Alexa and that is pretty good indicator that it is probably under 1 visitor per day

I don't know how these things work - at least for recent years it seems he had it pointed to use Bodis parking, at least some of the time with no-click ads it seems. Would that still have showed up as Alexa traffic?
Thanks,
Bob

 

[BaileyUK]

I hope that somehow down the road the case does not get simplified and used as a precedent for taking domain names that have similar structure to other domain names, overlooking that this case had the other elements. I mean many domain names are about as similar to the word Dell.

There's plenty of precedent decisions out-there. Enough to make any savvy person well aware of the do's and don'ts regarding domain names. This particular domain would have been as 'clean as a whistle' had the registrant not tried to capitalize on the the typo element R next to the E then knowingly point it to DELL products.(and earn from their established TM and product recognition) Blimey Bob you can't get a much more clearer infringing case. Well you probably can - but this one was cut and dried before the panel even walked into the room. What is it your missing

 

[namekahuna]

I don't see how dell can file a claim against drll. It's not even close besides the typo, now delll, dellll, would be a different story. I think the issue is because the guy was using the wrong way as a typo forwarder to his affiliate links. That's what did him in. I still don't think Dell has any right to the domain, they could however ask him to stop his scamming usage. If he was using the domain for a legit business, he would be fine.

 

[Bob Hawkes]

There's plenty of precedent decisions out-there. Enough to make any savvy person well aware of the do's and don'ts regarding domain names. This particular domain would have been as 'clean as a whistle' had the registrant not tried to capitalize on the the typo element R next to the E then knowingly point it to DELL products. Blimey Bob you can't get a much more clearer infringing case. Well you probably can - but this one was cut and dried before the panel even walked into the room. What is it your missing

With respect, and probably because of my confusing writing , I think you are misunderstanding what I am saying @BaileyUK. Yes, I recognize how flagrant (I even used that word above). I just said I hoped that somehow this does not get in some eyes over-simplified to it being wrong to hold similar names. We all know of cases where UDRP has been tried at least on very flimsy or just plain wrong grounds. I just hope no one cites this without carefully reading it in its entirety.
Bob