Splitting Hairs with Flippa

[N-A]

Over the years, I’ve pointed out several instances where Flippa has allowed questionable domain names to be a part of their featured auctions; there is no need to scour their entire listing to point out the rest as it’s commonly known that the place is plagued with them already.

Though, to be fair on Flippa, many of the other marketplaces don’t do a very good job at vetting trademark domains as well (with the exception of Sedo's automatic system). However, unlike other marketplaces, Flippa charges a listing fee for any domain that is added. This can be anywhere from $9 to $326(+/-) with the use of upgrades.

I would expect with a listing fee, especially with an upgrade to include a picture in the listing, that Flippa would take the time to vet submissions to ensure a successful sale is possible to take place as they would also receive a commission on top of the listing fee.

If not for that reason mentioned, to prevent what I'm about to discuss.

There’s an auction running on Flippa now which just so happens to be Forbes.bio. Okay, we can argue left and right that it’s not a trademark and this and that it's not "because of what's right of the dot" (I've heard many times before). But, the fact of the matter is: It is a trademark, remarkably so when the seller uses Forbes’ logo in conjunction with their listing – an upgrade on its own.

With such a "proactive" Marketplace Integrity Team, one would think these types of listings wouldn't seep through the cracks. Though, it appears to be a frequent sighting these days. Have you given up, @FlippaDomains ?

More importantly, why should sellers continue to use a marketplace that, when it comes down to it, doesn't have their seller's best interest in mind?

 

[N-A]

ICANN does have a trademark clearing house in place for the new gtlds. It is the tm holders responsibility to register their tm words and phrases within that system. When someone goes to reg a domain that includes any of those, the system alerts them to the POTENTIAL issue. The system does not block the reg. Why? Because all tm uses are limited in scope. Dove is chocolate, but is also soap. Delta is an airline, but also faucets. If I want to reg deltahotdogs.xyz there is no tm issue. Also if I want to reg deltaairlinescomplaints.com there is no issue. That is a protected usage. There is no simple, cut and dried way to protect tm from potential abuse. Each case must be considered in totality. No algorithm can do it. Thats why lawyers and judges are needed. Zealous tm advocates would do well to read up on the various levels of tm protection and the various exceptions.

They will find that nuances are inherent. That is not a bad thing. Tm are good and useful things because of their nuanced nature.

Completely understand and agree with all of this. But, this is not applicable to the following listing, nor the subsequent reported listings:

 

[Chris Wright]

Actually... it is all perfectly applicable and relevant.
I think maybe you were thrown off by the fact that the TM clearinghouse is currently just for new gTLD's.

However, all the laws and principles in play are exactly the same, no matter the extension.
I brought up the clearinghouse to demonstrate that the "authorities" are doing as much as they are able to (in terms of being proactive).
There is no more that can be safely and legally done. It would be damaging to press further.

Each case is too individual, too nuanced, and too complex to have a cookie cutter approach.
The TM holder must actively defend their TM in order to keep holding the rights. This was true before domains existed, and is still true.
When TM holders don't defend their rights, the courts see them as abandoned.
To that degree, the conflict between TM holders and abusers, or potential / perceived abusers is necessary to preserving the TM.

Disinterested (not a party to) observers, can't fix abuses or potential abuses.
It's like trying to go to the doctor for someone else's ailment. It doesn't help and it could hurt.

 

[DU]

Completely understand and agree with all of this. But, this is not applicable to the following listing, nor the subsequent reported listings:

The issue with Forbes I thought was the logo? While the font is similar,it's actually not the same And it's a last name... sooooooo..... it's gone anyway

I brought up the clearinghouse to demonstrate that the "authorities" are doing as much as they are able to (in terms of being proactive).

That's a positive spin. I viewed it as an opportunity to make money by charging people for a very basic service.

 

[Chris Wright]

That's a positive spin. I viewed it as an opportunity to make money by charging people for a very basic service.

Thanks!

The point is not to put a positive spin on ICANN or trademarks clearinghouse.
The point is that policing trademarks proactively can only be done right up to a certain point. Going beyond that point can be counterproductive.

 

[S-B]

@David Walker

https://flippa.com/6992930-crossfitsystems-com

Have at it, bro.

 

[N-A]

@David Walker

https://flippa.com/6992930-crossfitsystems-com

Have at it, bro.

Come on @FlippaDomains ; I see we're getting lax these days. Anybody who steps away from their computer for a little bit of physical activity each day is aware that CrossFit is a TM. I know the world is plagued with a lot of keyboard warriors though, so I shouldn't expect much on that part.

...another one.

https://www.crossfit.com/cf/terms-and-conditions

 

[S-B]

Come on @FlippaDomains ; I see we're getting lax these days. Anybody who steps away from their computer for a little bit of physical activity each day is aware that CrossFit is a TM. I know the world is plagued with a lot of keyboard warriors though, so I shouldn't expect much on that part.

...another one.

https://www.crossfit.com/cf/terms-and-conditions

Bro, look through the domains..

 

[campout]

Bro, look through the domains..

I wish I could just buy GrannyMingle and CincinnatiBengalsHQ !! Oh these darn lot auctions starting at $100,000 !!

 

[N-A]

Bro, look through the domains..

Mobile now, but I did see a lot of team names. Detailed post to come (unless removed by then, @FlippaDomains).

 

[FlippaDomains]

Mobile now, but I did see a lot of team names. Detailed post to come (unless removed by then, @FlippaDomains).

Thanks for bringing that to our attention @Shane Bellone . We just canned it.

@David Walker Not sure if you were trying your hand at sarcasm/humor there, or if you're genuinely aggravated that I became "lax" over the course of a weekend, but I'm not going to be dragged into a continual call-and-response based on every TM auction you find each day.

@Micklepickle made some very smart observations of how this cuts both ways; I appreciated his insights and the dialogue it sparked. But instead of saying "it's not our job to police this," I will maintain my promise of more vigilance of these blatant abuses -- as they have no place in our marketplace. I hope that will suffice for now.

 

[N-A]

@David Walker Not sure if you were trying your hand at sarcasm/humor there, or if you're genuinely aggravated that I became "lax" over the course of a weekend, but I'm not going to be dragged into a continual call-and-response based on every TM auction you find each day.

No, I don't expect you to work over the weekends and I hope that you can become "lax" on these two days off like everyone else. However, don't you think your system needs improvements? If it can accept TM's like this over the two day period where nobody has access to computers to remove it (or approve it), don't you think there should either be 1) manual approval of featured listings on Monday or 2) some form of TM detection to prevent this from occurring at all*?

And again, no, I don't require a response from you directly. Seeing that the auction is removed is good enough for me. I will, however, continue to point them out to you as they slip through for manual inspection. But, you have free will to not listen to me (and others) on namePros. If you choose to ignore this thread though, you'll not only be ignoring my reports here but also reports of other concerned members such as @Shane Bellone's. In addition, you'll compound the existing trademark issue that you have of ignoring them on [email protected] as so pointed out by @venturefile.com and @Abdullah Abdullah.

Thanks for your swift action regarding this specific case though.

*a suggestion for this would be to somehow closely inspect portfolios as "other domains" listed may slip through since the title may be 1 domain, but the actual listing may include other trademarks. In this case, the main domain listed was a trademark (I'm sure others as well, but I didn't have the time to go through them while mobile), and if he re-listed it as a portfolio with another name, it may slip through again.

 

[FlippaDomains]

don't you think there should either be 1) manual approval of featured listings on Monday or 2) some form of TM detection to prevent this from occurring at all*?

We're working on improving #2, and manually intervening when it comes to #1.

I will, however, continue to point them out to you as they slip through for manual inspection.

I appreciate that, and...

you'll not only be ignoring my reports here but also reports of other concerned members such as @Shane Bellone's. In addition, you'll compound the existing trademark issue that you have of ignoring them on [email protected] as so pointed out by @venturefile.com and @Abdullah Abdullah.

...It's unfortunate that there have been some who say we do not act on these. We do. I urge all mentioned and anyone reading to continue to write Support to request a takedown. IF there is no action, PM me the Ticket ID and I will get involved to see why.

Thanks for your swift action regarding this specific case though.

We're alert, so keep reporting if we miss anything.

closely inspect portfolios as "other domains" listed may slip through since the title may be 1 domain, but the actual listing may include other trademarks.

We're doing that, yes.

Thanks @David Walker

 

[N-A]

We're alert, so keep reporting if we miss anything.

After this Pokemon Go phase, and Pikachu being the most popular character that I can even remember going back to elementary school, you'd think PikachuTrader.com wouldn't pass... but it did.

It's not like Nintendo of America Inc. doesn't have 6 live trademarks on "Pikachu" for various uses, right?

A for effort though.

 

[N-A]

Portfolio of 15 Domains!! Over $15k in Estibot Value!

The portfolio includes FB.LIFE which is advertised as being "Facebook Life" and AUDIPKW.NET which from what I can tell is a model of Audi's A4 series.

 

[N-A]

Portfolio of 10 .com Domains
To include: WindowsPhoneApps.com & XBoxOneForum.com.

I know that the others may be in the gray area as far as TM's are concerned as "Android" is a little bit more lenient. However, Android does state that usage ought to be something along the lines of "Roms for Android" instead of prominently using Android as the first descriptor word. Though, this doesn't stop places like AndroidForum, and I don't see them pursuing them. For what it's worth, the only instance I see Android filing a UDRP is with AndroidAppStore.com.au.

With that being said, I'm well aware of Microsoft being more aggressive in protecting their marks.

So, protect your valued customers, and take this one down as well.

 

[FlippaDomains]

On it.

 

[N-A]

Portfolio of 15 Domains!! Over $15k in Estibot Value!

The portfolio includes FB.LIFE which is advertised as being "Facebook Life" and AUDIPKW.NET which from what I can tell is a model of Audi's A4 series.

On it.

Missed one. Only 17 hours left on auction though.

 

[FlippaDomains]

Missed one. Only 17 hours left on auction though.

I removed mention of Facebook and struck the Audi domain...Seller was compliant

 

[pepsirat]

Well I made a mistake I was looking for a domain with Eco in it so I put lots of words in came up with eco twitter. Thought that sounds good could be a site were people talk about Eco products. But yeah Twitter of course would not like it lol.

I bought shopgoo but now think they could be a trade mark to that, not sure though. It's hard because do these company own words even if you use it differently?

 

[N-A]

SPRBOWL.com
Advertised as Super Bowl, which the NFL has trademarked, along with PRO BOWL and others.

I bought shopgoo but now think they could be a trade mark to that, not sure though. It's hard because do these company own words even if you use it differently?

Google has UDRP's over so many different names it's almost ridiculous how far they'd go to protect their mark(s). A prime example of this that closely relates to your name would be GOOGBLOG.com. While the owner decided to transfer it before a panel decision, I think it'd be likely that Google would win as I read the Respondent's reply to the UDRP and it must've been a domain they were using with bad faith as opposed to, let's say, someone nicknamed Goog who has a blog about shoes.

It really all depends on how you're going to use this domain, or in this case try to sell it on Flippa, where things get iffy. If you plan on developing it, I'd consult with an attorney first. However, this thread is dedicated for TM issues on Flippa auctions that are promoted.

Thanks

Edit: Domain name text and link enlarged for @FlippaDomains to clearly see.