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domain jcpennny.com

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Sedo shows unique type-ins at about 50 per day.
Any appraisal would be appreciated, as well on opinions as far as copyright trouble I might run into.

Thanks.

Mie
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
AfternicAfternic
Nice Sedo Stats but TM problems UDRP would rule bad faith reg and Anti Cybersquat Law. IMO
 
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$0

sorry, TM'd

Best of luck.
 
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Tm big time this will be an example to the media.
 
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You might as well tattoo "cybersquatter" on your forehead, since this is a classic example and likely to brand you as one.
 
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equity78 said:
Nice Sedo Stats but TM problems UDRP would rule bad faith reg and Anti Cybersquat Law. IMO
Exactly. Use of that domain could throw you into litigation hell.
 
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I'm am not too sure there is a TM violation given that JC Penney did not TM JCPENNNY or JCPENNNY.com to the best of my knowledge.

Liquidators use mispellings like this all the time and they are allowed (in fact they are prohibited from using the real speklling of the store becasue the store wants to protect its lines of distribution. They are not allowed to say they are selling you a truckload of overstocks from JC Penney but they are allowed to print JCpemy. No TM infringement and they protect normal lines of distribution.

It would be good to hear someone knowledgable chime in here.

Sedo shows unique type-ins at about 50 per day.

Last I checked SEDO does not offer the ability to track whether the hit is from sedo or not. Meaning, you have no way of knowing exactly where the hit came from by looking at the little data SEDO provides.

Please explain why you think the traffic is "type-in" and not traffic from SEDO visitors that are attracted to your domain. Let's face it, at first glance, your domain is rather deceiving. I woul dpet that anyone that saw the subject line of your thread did a double-take.

But if in fact it is type-in traffic (therefore not coming from sedo visitors) I would seriously consider putting an Amazon affiliate script on that domain. JCPenney does not have an affiliate program as far as I can see, but the Amazon script may produce soem commissions for ya.
 
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Best idea if unsure of the TM would be to contact them.....

It is better to lose your domain, that to recieve that letter through your door.....
 
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$0 Imo Tm Issues
 
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Check Google for the term "typosquatting"... or here, let me direct you to:

""Typosquatting" - the intentional misspelling of words in domain names to siphon off Internet traffic from its intended destination - can lead to loss of the misspelled domain names and legal findings of bad faith. This was the result in the recent case National Association of Professional Baseball Leagues vs. John Zuccarini with respect to the domain name minorleaugebaseball.com, which contains a commonly made misspelling, and which caused Internet traffic to be directed to a pornographic Website."

http://www.multilaw.com/Template.cf...&ContentID=2007

And that's just one example...


zquest said:
I'm am not too sure there is a TM violation given that JC Penney did not TM JCPENNNY or JCPENNNY.com to the best of my knowledge.
 
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Thanks, Dave for the legal citation.
(btw, the link is broken)

VERY interesting, thanks for the great insight!

-Andrew
 
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Forgive me if I am wrong but the example is not very related to this specific situation. The term "minor league baseball" cannot be copyrighted as it is too general a term, to the best of my knowledge. It would be like tryin gto copyright the word "forum". THe main issue was mal intent due to the fact that there was a porno site redirection on a domain that is very much not porno-related at all and has a high potential to expose youngsters to porno.

We are talking about a misspelling of a TM here.

I say you keep this one. After all, you will not get sued right away, they will send you a cease and desist letter first, which is scary but means nothing as long as you drop the domain immediately afterwords.


dgridley said:
Check Google for the term "typosquatting"... or here, let me direct you to:

""Typosquatting" - the intentional misspelling of words in domain names to siphon off Internet traffic from its intended destination - can lead to loss of the misspelled domain names and legal findings of bad faith. This was the result in the recent case National Association of Professional Baseball Leagues vs. John Zuccarini with respect to the domain name minorleaugebaseball.com, which contains a commonly made misspelling, and which caused Internet traffic to be directed to a pornographic Website."

http://www.multilaw.com/Template.cf...&ContentID=2007

And that's just one example...
 
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Ahem, you're forgiven.. the example I gave might not be related directly, but the facts are the same. His domain is an example of "typosquatting".. the point in my post was to encourage people to research the term and educate themselves regarding the potential pitfalls in registering typos.

To encourage someone to keep a domain which could later result in a lawsuit is scary in itself IMO...

zquest said:
Forgive me if I am wrong ...
I say you keep this one. After all, you will not get sued right away, they will send you a cease and desist letter first, which is scary but means nothing as long as you drop the domain immediately afterwords.
 
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dgridley said:
domain is an example of "typosquatting"..

DITTO!

To make things worse, the eBay auction will only draw attention to the domain and the new owner will "Feel the PAIN" It would have been much better to have kept this one low profile. Less problems in the end. :imho:
 
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It looks like Mr. Blank got into a little trouble with Ebay:

"The following is a notice from eBay Trust & Safety regarding:
Item Number - 3870605969
Item Title - Retail TYPO - jcpennny.com HIGH TRAFFIC domain name!
We recently removed all of this seller's active listings and have suspended the seller's trading privileges."

So it seems that typos are like sex toys: it's OK to have one, just don't talk about it!
 
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HAHA :lol:

I got the same message...
 
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strange that sedo accepted it though......

:o

doesnt'tsedo refuses the domains with tm problems...???? :o
 
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vimkar said:
strange that sedo accepted it though......

:o

doesnt'tsedo refuses the domains with tm problems...???? :o

last time i checked yes, maybe a bot overscanned it, also ebay dont want to get caught up in a lawsuit thats why they banned it.
 
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$0, trademarked. Sorry!
 
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Guess those who said stay away and no ebay were right.
 
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