NameCheap's Draconian Trademark Policy

[tdworz]

Today I went to register a domain with the word "windows" in it on NameCheap. The domain had nothing to do with Microsoft Windows. (I will not say what the actual domain is, it's irrelevant.) Instead of letting me add the domain to my cart, NameCheap gave me a message that the domain has a restricted word and that it would have to be registered "manually." What that means is I contact NameCheap and they white-list the domain for me.

Out of curiosity, I searched for some other domains that have the word "windows" in them.

For both "WindowsFu**ingS**ks.com" (edited for decency) and "WindowsReplacedTomorrow" I was told that I would not be able to register the domain without NameCheaps intervention.

I contacted NameCheap support about this and was given the prepared response:

Unfortunately, our system has detected banned keywords in your domain and blocked the registration. Usually it blocks domains containing words that indicate illegal activity or famous trademark name. Thus in case there is a trademark case for your domain name, there is a risk to lose it without the possibility to receive refund. Additionally if this domain name is used for illegal activities , there can be legal actions taken to prevent this.

Still we can whitelist your domain name if you provide us with your Namecheap username.

Thanks for your understanding.
​

I got into a little discussion with the rep who sent me a link to a sort of FAQ about trademark law. Ironically, number 10 talked about fair use.

Out of curiosity I went to three other very large registrars and all three were ready to register the two aforementioned domains without issue.

Am I wrong in thinking NameCheap has gone too far with this restriction? I feel that for all their constant publicity (and capitalization) of Internet freedom issues, this shows they are far worse than any other registrar.

 

[ulterios]

They are a little stricter than many. I had it happen there once and got it taken care of quickly and was able to register the name. Even though this issue is one that can be a pain sometimes, they are still one of the best registrars out there.

It's very rare to hear any complaints about Namecheap here in this forum with people that register domains for a living and for other reasons.

I admit that their system is a bit too strict but in the end, they are still great to deal with and worth the extra few minutes.

 

[Dave_Z]

Out of curiosity I went to three other very large registrars and all three were ready to register the two aforementioned domains without issue.

Probably won't be long before those registrars do what NameCheap did here, considering the trademark clearinghouse thing and all. That or those registrars will become stricter as trademark holders with deep pockets become stricter with the former.

A unique and/or famous trademark such as Microsoft is somewhat easier to filter precisely because of its uniqueness or fame. Another one involving a common word such as windows isn't as easy given its variety of contexts.

 

[thekiller]

They think "Windows" means MS Windows. Lol.

Yeah they have gone too strict.

 

[slinky]

It's not limited to trademark. I've had difficulties registering common words, including foreign language words that may have included items used for reasons I cannot conceive, e.g. "DOS" which equates to denial of service. They have flags just like any forum, some work some don't. Also wonder what may have been the impetus for some of these which might not be so obvious as it seems.

 

[Alice Wonder Miscreations]

My impression is that they are not refusing to register them, just making sure that you are aware there is a potential trademark or legal issue. Requiring manual intervention (whitelist request) shows that they made sure you were aware before allowing the registration to happen, which could be to their legal benefit in a future dispute (e.g. customer trying to sue them for allowing registration of a bunch of trademark names)

Keep in mind that there is a difference between fighting for Internet Freedom and doing what you need to do to cover your own assets.

Just because they use a blacklist does not mean they agree with current laws regarding trademarks in domain names.