Cybersquatting, Trademark and Domain Name Dispute Attorneys: Protecting Domain Assets.

Attorneys specializing in cybersquatting, trademark and domain monetization matters.

Managing Partner Enrico Schaefer: "Traverse Legal's attorneys represents domainers like you in portfolio protection matters, trademark infringement threat letters and litigation.    We know cybersquatting and trademark law and pride ourselves on advanced litigation techniques which are both cost-effective and budget oriented.  We also handle a large volume of complex litigation under both the Lanham Act, UDRP and the Anti-Cybersquatting Protection Act.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals."

If you are dealing with a domain name dispute based on trademark rights or wish us to analyze your domain portfolio for trademark issues,  you may contact one of our domain name attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Domain name disputes are becoming more common all the time. Some cybersquatting and trademark infringement allegations against domain owners are legitimate.  Some are not. If you have received a cybersquatting threat letter demanding that you turn over your domain name to a third party or been named as a Respondent in an ACPA or UDRP/ICANN proceeding, you need the help of an experienced domain dispute attorney.  High value domain names and domain name porfolios need to be protected.  We can help protect your valuable domain assets.

Cybersquatting Continues To Be The # 1 Method By Which Consumer Fraud Is Perpetrated

According to Markmonitor, cybersquatting continues to be the preferred method of online fraud.  Linking a website with a major name brand or trademark, increases the likelihood that consumers will be confused.  When consumers fail to understand that they are at a third party website unauthorized and unassociated with the trademark holder, they are more likely to “trust” the website, download malware or be persuaded to reveal usernames and passwords for the actual brand owner website.

Eric Goldman Interview: Domain Name Exceptionalism - Is Special Treatment Warranted (Part 2)

Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law School, General Counsel of Epinions.com, and an Internet transactional attorney at Cooley Godward LLP. Eric teaches Cyberlaw and Intellectual Property and previously has taught courses in Copyrights, Contracts, Software Licensing and Professional Responsibility.   Eric's research focuses on Internet law, intellectual property, marketing, and the legal and social implications of new communication technologies. Recent papers have addressed topics such as search engines and online marketing practices.

Eric runs two popular blogs Tech & Marketing Blog & Goldman's Observations Blog. Part 1 of Eric Golman's interview can be found here.

ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in internet law, domain disputes, intellectual property and technology company representation. That’s Traverse Legal www.traverselegal.com. Welcome to the Vertio Talk Radio tech spotlight with your host Damien Allen.

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Professor Eric Goldman on Domain Name Exceptionalism - Is Special Treatment Warranted? (Part 1)

Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law School, General Counsel of Epinions.com, and an Internet transactional attorney at Cooley Godward LLP. Eric teaches Cyberlaw and Intellectual Property and previously has taught courses in Copyrights, Contracts, Software Licensing and Professional Responsibility.   Eric's research focuses on Internet law, intellectual property, marketing, and the legal and social implications of new communication technologies. Recent papers have addressed topics such as search engines and online marketing practices.

Eric runs two popular blogs Tech & Marketing Blog & Goldman's Observations Blog.

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Handling Trademark Challenges in an Online World

Get the latest information on trademark issues implicated in the launching of online advertising campaigns, including the purchase of keywords, buying display ads, developing and protecting taglines, and acquiring associated domain names.

Moderator:

• Russell Pangborn, Microsoft Corporation (United States)

Speakers:

• Nicholas Bolter, Howrey LLP (United Kingdom)
• Fabricio Vayra, Time Warner Inc.
  
• Suzanne V. Wilson, Arnold & Porter LLP (United States)

Cybersquatting American International Group

DomainFight.net reports the following Uniform Domain Name Dispute Resolution Policy Proceedings brought by American International Group, Inc. (AIG), on October 8, 2006.  DomainTools.com reports the following typographical variations of “AIGInsurance”, most of which are cybersquatted WIPO typographical variations of the AIGInsurance.com domain.  These results don’t include the typosquatting on American International Group’s primary website, AIG.com.

It looks like American International Group did a better job protecting its domain name than it did running its business.

Domain Name Dispute Update: Cybersquatting Trademark Protected .net Domain Names

A search of the uniform domain name dispute resolution policy decisions by WIPO and NAF of .net domains reveals the following results.  It is no surprise that .net domains are heavily cybersquatted along with the .com heavyweight.  In many instances, companies that have registered their trademarks or have common law trademark rights find themselves being cybersquatted by the same registrant on both the .com and the .net variations. 

Pluto Domain Services Found To Have Engaged In a Pattern of Bad Faith Cybersquatting

Domainfight.net provides the following returns for “Pluto Domain Services” as a respondent in UDRP arbitrations.  There is no question that Pluto Domain Services is a habitual cybersquatter under the Uniform Domain Name Dispute Resolution Policy.  Note the bancopopularpr.com decision specifically notes the prior proceedings against this domain registrant, noting a “pattern of bad faith registration and use under the policy.” 

Domainers Take A Stand Against Cybersquatting: Rick Schwartz’s Silicon Valley TRAFFIC Show Will Focus on Eliminating Cybersquatters from the Community.

There was time when cybersquatting was pursued vigor as business model.  After trademark attorneys and their clients turned up the heat, attitudes changed somewhat.  Domainers sought to clean their portfolios of cybersquatted domains in order to avoid domain disputes under the UDRP and ACPA.  Several years ago, many top domainers really started to “talk the talk” lashing out against “black hat” cybersquatters within their midst.  Now, Rick Schwartz and Howard Neu have turned up the heat.  Realizing that cybersquatting may be more of a threat to the domainer industry itself, then to trademark holders, Rick appears to be signaling that the upcoming TRAFFIC Show in Silicon Valley (go ahead and register if you want to be a part of this event) will devote content and commentary to the issue of how cybersquatting hurts the domainer business, sours relationships with major players such as Google and Yahoo! and causes advertisers to opt-out of the domain channel.  Here’s the money quote:

Cybersquatting the Microsoft Brand: Getting Tough on Trademark Infringement

There has been significant commentary recently on bulletin boards and within the domainer community about Microsoft Corporation's stepped-up online brand protection efforts.  Microsoft has been aggressively pursuing any and all domain registrants who have registered domains incorporating any of the Microsoft brands.  Instead of a simple domain transfer upon being noticed, Microsoft is demanding money compensation from virtually all domain registrants which Microsoft believes are infringing on their trademark-protected brands. 

If you have a trademark or cybersquatting issue you may contact one of our trademark and domain dispute attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Are you wondering what kind of Uniform Domain Name Dispute Resolution proceeding have been filed by Microsoft at either WIPO or NAF?  Check out the domainfight.net results for a search of “Microsoft” as a UDRP complainant. 

DOMAINfest Opening Remarks by Oversee President Jeff Kupietzky About the Opportunities in a Down Domain Name Market

Are you wondering what Oversee's President Jeff Kupietzky's thinks the opportunities are in this down domain name market?  Here is a audio clip of his opening remarks live from DOMAINfest in Hollywood, California. (transcript to follow).

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Domain Name Disputes Handled By WIPO Continue To Rise

DN Journal just noted that WIPO disputes have continued to increase over the past five years, linking to an article at pingdom.com.  Pingdom notes that domain disputes have doubled since 2003 and that the United States is the origin of most of the domain name disputes handled by WIPO.  Forty percent of the defendants are U.S.-based, despite the fact that the U.S. only has 15% of the world’s internet population.  Here is the chart posted on Pingdom.

Jeff Reynolds at BoycottKentucky.com Explains How Kentucky Has Created Dangerous Precedent

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ANNOUNCER:  Welcome to Traverse Legal Radio Tech Spotlight.  This program is sponsored by Traverse Legal, PLC, a law firm specializing in internet law, domain disputes, and technology company representation.  That's Traverse Legal  www.traverselegal.com. Welcome to the Vertio Tech Spotlight with your host, Damien Allen. DAMIEN:  Good morning and welcome to the Traverse Legal Radio.  I am Damien Allen, and you are listening to the Tech Spotlight. This morning we have with us via the phone, Jeffrey Reynolds of Precision Marketing Solutions, Inc. Good morning and welcome, Jeff.

What’s In a Name? More and More, a Number: Numeric Value Trend Continues To Explode

The Wall  Street Journal has very interesting article on the value of numeric domain names titled What’s In a Name?  More and More, a Number Despite Limited Success of Digits, a Numeric Trend Blossoms in Internet Domain Monikers; 10012.com, Anyone?  The article plays off a previous Wall Street Journal article from “the numbers guy” Carl Bialik titled When Numbers Becomes Names.  The article suggests that web users should get used to visiting websites whose names are numeric, noting that a group in Australia plans to develop 100.com into a search engine that will deliver the 100 most relevant results, as well as a number of other examples.

Domain Name Dispute Update: Should Complainants in UDRP Proceedings be required to Provide Certified Notice of Other Legal Proceedings Related to Their Trademark Claims

The recent Chillibeans.com panel decision raises some interesting questions.  Not apparent in the decision is the fact that the trademark alleged by the complainant is the subject of a cancellation proceeding at the OAIM, Trademark and Design Registration Office of the European Union. This fact was not disclosed by complainant as part of their filing, and not discovered by respondent until after an adverse panel decision had been rendered. 

The cancellation proceeding was filed by a company called Chili Jewels. Cancellation proceeding number is 000003092.  Because UDRP proceedings are so heavily tied to complainant’s trademark rights, and the review of those trademark rights is relatively lax compared to a federal court proceeding, one is left to wonder whether the UDRP should be amended to require disclosure of any adverse proceedings concerning those trademark rights.  This would be an easy amendment to the proceeding. Further, it is hard to imagine how the amendment would spark much controversy.  While such information would provide a more complete picture of the trademark rights of complainant, not much additional work would be required of the arbitrators.  While is it unknown whether or not such disclosure would have impacted the panel’s decision in this particular matter, the important point is this. The panelist deserve to have as complete a picture of complainant’s trademark rights as possible.  The fact that a trademark is subject to a cancellation proceeding, or has otherwise been challenged, is a key component of that complete picture.  In instances where it is clear that the cancellation proceeding  will likely prevail, for instance because of a preexisting trademark which clearly overlaps with the complainant’s mark, then this factor should be accounted for in the decision. 

The Parking Page Dilemma: Frank Schilling loses chillibeans.com domain under UDRP

There has been some commentary about the recent Uniform Domain Name Dispute Resolution Policy (UDRP) decision against white hat domainer Frank Schilling's regarding the chillibeans.com domain. For those who have been paying attention, this decision is not so surprising. Rather than label the decision ridiculous domainers need to appreciate that this decision is not outside the norm or trend under the UDRP and make smart business decisions about parking their most valuable domainers. 

In a unanimous 3 member panel decision by William R. Towns, M. Scott Donahey & Sir Ian Barker, Schilling was found to have engaged in bad faith cybersquatting , under the UDRP by registering the domain chillibeans.com after Complainant had registered trademark rights for "chili beans" for the sale of sunglasses. Schilling was represented by John Berryhill.

Now, anyone who knows Frank also knows that he had no knowledge or notice of the prior trademark rights in the non-dictionary use of chili beans when he registered the domain. The problem is that Frank, like all other domainers, are stuck with a parking system that delivers advertisements for non-dictionary uses of otherwise generic domains (ie trademark uses).  In this case, Frank's parking page software served up some limited adds for 'eye glasses' in addition to food items. We have posted about the need for more sophisticated software (and support from Google as well) which allow PPC advertisers to exclude certain product offerings from the parked pages before:

• Excluding Keyword Categories From Your Parked Pages In Order To Avoid Cybersquatting Violations
• Parking Pages Can Create Risk Of A Finding Of Bad Faith Under the UDRP
• One of the Rarely discussed Benefits of Domain and Website Development
• The Three Views of Trademark Cybersquatting
• Hobbits v. Hobbitts: Generic Mark Argument Won't Prevent Panel From Seeing Pay Per Click Parking as Bad Faith
• "Low Value" Domain Parking Pages Results In Another Lawsuit Against Google By Advertisers

There are three lessons every domainer --  at least those who are willing to deal with the legal realities under the UDRP and ACPA  --  should take from this decision. (1) do a trademark search for every valuable domain within your portfolio, (2) exclude ads to the extent you can from being served up on your parked pages which include products in trademark protected areas and (3) consider excluding your most valuable domains from parking programs all together (they are worth more 'for sale' than from parked revenue).

Have You Implemented a Domain Name Strategy? What Every Business and IP Owner Should Know

Have you implemented a domain name strategy?  Many established businesses and entrepreneurial start-ups fail to account for their use of domain names in their general business planning.  A comprehensive and effective domain name strategy can often boost profits and extend your marketing to new niches, all while defending from would-be cybersquatters and others that would seek to cash in on your business’s goodwill.  An effective domain name strategy consists of a plan to protect your trademarks in domain names, to register generic domain names related to your business niche, to defensively register domain names similar to your trademarks, to monitor for confusingly similar domain names, and to handle cybersquatters and typosquatters through legal and extra-legal means.

.CM ccTLD Sunrise Period is Over; Tradmark Holders Should Still Consider Defensive Pre-Registrations of .CM Second-Level Domain Names

Registrations for second-level .cm country code top-level domain names (ccTLD) are now in full swing.  These second-level ccTLDs include .com.cm, .net.cm, and .co.cm.  Registrations began on October 15 through NETCOM, located at http://www.netcom.cm.  The .cm domain name suffix, which is a country code that stands for the Republic of Cameroon, is wildly popular with typosquatters and cybersquatters because it acts as a typo of not only .com, but also of China’s .cn ccTLD, the most popular ccTLD in the world. 

New .tel Top Level Domain Names Are Open to Registration Soon; Trademark Holders Should Consider Defensive Registrations

Trademark holders will soon be given an opportunity to register their business contact information when the new .tel top-level domain sunset registration period begins in December.  The new .tel top-level domain has been said to provide a secure method for registrants to share contact information with others, such as Twitter accounts, Facebook accounts, business addresses and phone numbers, and LinkedIn accounts, even when a business changes its location or contact information.  The .tel domain, it has been said, provides a stable single location for information about a business, and the service allows registrants to share as much or as little of their information as wanted. 

Introducing DomainFight.net: The World's First UDRP Search Engine

Did you ever want to search both WIPO and NAF cybersquatting decisions without having to access each provider's UDRP search tools? DomainFight.net solves this problem by searching all cybersquatting panel decisions from both WIPO and NAF from a single search engine.

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When Web Developers Hold Your Domain Name Ransom

Domain Name Wire has a great article titled Web Designers Holding Domain Names Hostage.  This is an issue our domain name dispute lawyers see all the time.  The moment there is any sort of fee dispute, the web developer begins the process of holding the domain name ransom.  Alternatively, the web developer doesn’t want the customer to change services and essentially leverages the domain name against the consumer.  If the customer does not have trademark rights, and there is no contract which indicates who owns the domain name, there are inevitable problems.

Frager Creative Group: The Best Domain Names Are De Facto Advertising: An Interview with the Dynamic Owen Frager

Traverse Legal is proud to sponsor the radio interview of  Owen Frager, the Chief Innovation Officer of the Frager Creative Group (pdf) & author of the blog "The Frager Factor." Owen is a domain marketing legend, whose statue within the community is unparalleled.

Owen Frager is a marketing strategist who has made a career out of looking beyond the accepted ways of doing things, often with startling results. Owen's creative and innovative qualities enable him to envision and anticipate the future user needs.

His marketing concepts and programs have generated over $7 billion of shareholder value, rapidly advanced eight middle managers to CEO and led to the acquisition of four private companies by billion-dollar brands.  These included an innovative strategy in a sensitive healthcare segment that combined personalized online marketing with community organization tie-ins to increase one pharmacy’s annual sales from $18 million to $600 million, directly resulting in its acquisition by CVS. Frager was previously a sales and marketing executive responsible for successful customer-focused communications strategies at technology leaders such as Océ, Citrix Systems and Alcatel.

Today, the worldwide outsourced Frager Creative team of award-winning writers, designers, filmmakers, interactive experts, presentation wizards and brand strategists helps entrepreneurs and corporate managers to define and open new markets, accelerate growth through innovation and, in some cases, fundamentally change industries.

---

ANNOUNCER: Welcome to VTalk Radio Tech Spotlight, with your host, John Bentley.  This program is sponsored by Traverse Legal, PLC, a law firm specializing in internet law, domain disputes, and technology company representation at www.traverselegal.com.

Who spent $3,200 for the domain and developed web site DNHour.com & why? We know the answer ....

A company called USpeakWeType Technologies purchased dnhour.com from Koay Al Vin for $3,200 at the SEDO auction which concluded two weeks ago. USpeak also owns overflowlegal.com, another Digg-Style site for law.  The domain name itself - dnhour -was not worth much, but the web site boasted solid traffic, Page Rank 4 and over 2,000 registered users.   The site stacks up well against domaining.com, dnjournal.com and conceptualist.com.  We have the inside story below ...

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Domain Name Owners Beware: The State of Kentucky Attempts to Seize Domain Names That Lead to Gambling Websites

A Circuit Court judge in Kentucky ordered the transfer of 141 domain names to the Commonwealth of Kentucky from the registrant owners that use the domain names to resolve to illegal Internet gambling sites.  According to a press release issued by the Commonwealth of Kentucky, Kentucky is the first state to pursue action against gambling websites that has resulted in the seizure of domain names.  Kentucky is attempting to force illegal online casino operators to use technology to block access to the domains, and thus the gambling, from within Kentucky.  Kentucky law mandates the forfeiture of any “gambling devices,” including domain names and the corresponding websites used for online gambling, since unlicensed gambling is illegal within the Commonwealth.  Governor Beshear believes that gambling deprives the Commonwealth of revenue and endangers its citizens.

This action by Kentucky clearly raises a number of questions related to the use of domain names for online gambling, or any other activity that a state may deem illegal.  Not only does this affect online gaming operators within the United States, but it also affects other countries.  Regardless, United States entities must now be aware of the laws in individual states, including the Commonwealth of Kentucky in order to ensure their online operation, especially as it relates to gambling, is permitted.
Failure to understand the laws and implement the necessary technological controls could lead to, as here, the forfeiture of the valuable domain name.   

Cybersquatting on Domain Names Following Mass Tort Accidents

As if the tragedy were not enough for the responsible party, it appears cybersquatters immediately prey upon the publicity that surrounds a mass accident.  Case in point, the recent Metrolink train accident that caused several deaths and numerous injuries has apparently created revenue opportunities for cybersquatters.  For example, the domain name metrolinktrain.com now resolves to a parking page in an effort generate pay-per-click revenue for the registrant.  It is highly doubtful that Metrolink, whose official website is housed at metrolinktrains.com, has authorized this domain registration or use of its trademark as part of this domain name.  The same could be said for metrolink.com, a domain that the Southern California Regional Rail Authority should never have allowed to be registered by, let alone retained by, a cybersquatter.  Simply put, cybersquatters see opportunity to capitalize off of this tragedy, and similar ones, knowing full well that Internet users will be searching for this news.

Use of Privacy Services By PPC Advertisers Supports Finding of Bad Faith Cybersquatting

UDRP Decision Discusses Privacy Services and Bad Faith « The Legal Satyricon

The majority of the Panel also finds that the use of a privacy shield in this case further supports its finding of bad faith registration. Although privacy shields might be legitimate in some cases – such as protecting the identity of a critic against reprisal – it is difficult to see why a PPC advertiser needs to protect its identity except to frustrate the purposes of the Policy or make it difficult for a brand owner to protect its trademarks against infringement, dilution and cybersquatting. In circumstances like this, the privacy shield may also allow registrants to transfer domain name registrations amongst themselves without any public record that there has been a transfer, thus allowing them to evade enforcement of legitimate third-party rights or to obstruct proceedings commenced under the Policy...

Napster Teaches Us That Cybersquatting Can Best Be Fought By The Domainer Community

Alex Tajirian has an interesting post on CircleID about an issue which is getting lots of attention over the last 24 hours. Andrew Allemann wrote an editorial yesterdaytitled "How the Domain Industry Can Clean Itself Up" which we followed up on in a post "Do Domainers Deserve Their Repuation As Cybersquatters Because They Fail To Police Their Own?" Allen's post drew a lot of commentary, mostly supporting the prposition that it is time to step-up the self-policing of cybersquattign by the domain community. Alex Tajirian's post (coincidentially I think) analyzes the legal proceedings related to Napster, conlcudes that lawyers can not stop illigal practices on-line and provides specific ideas on how the community should self-police agasint domain name trademark abuse and on-line brand protection.

Domain Name Lessons from Napster

What can be done?

The domain name industry should get the message out to Internet users and brand owners that:

1. Indiscriminate legal action exasperates the problems associated with the use of brands in domain names.
2. A solution cannot come only from the side of the domain name industry; a cooperative solution is imperative.

The domain name industry is serious about fighting illegal use of brands in domain names.

How should our industry react?

1. Initiate media campaigns.
2. Openly discuss solutions in domain name conferences, as they are also attended by the media and brand owners.
3. Lobby Congress through the Internet Commerce Association (ICA) and domainer activism.
4. Discuss the problem and possible solutions in domain name forums and other relevant forums.
5. Take action against current monetizers that continue sponsoring obvious domain name violations.

Here are some comments from Andrew's DomainNameWire post.

• Sign me up…..I just put pressure on Godaddy yesterday by speaking to one of their “Quality Control” reps that wanted my opinion on Godaddy and TDNAM.
• Well done Andrew. Every VERY obvious TM infringing opportunity I find, I call the company’s legal department ask to speak to their IP lawyers and tell them about the obvious names that obviously infringe on THEIR intellectual property.
• I actually got a bit flush and panicky when I saw the Mozzilla.com sale. I felt a bit sick too. I was initially irritated that Ron listed it, but quickly got my wits about me - as he is just reporting these sales.
• Call the TM infringers on it. It’s wrong. It can’t be defended. And anyone with a modicum of good sense will not infringe on another’s trademark.
• I think a lot of people use the argument that companies shouldn’t police trademark sales on their auction sites because it’s difficult to “draw the line” between a real trademark and a bogus claim.

Technorati Tags: cybersquatting, brand, trademark, UDRP, ACPA

Do Domainers Deserve Their Reputation As Cybersquatters Because They Fail To Police Their Own?

Domain Name Wire has a great post noting that Domainers often want to have it both ways. They 'cry foul' about the fact that many people see the business model of domain monetization, and especially parking pages, as unsavory. Domainers try to distinguish the 'white hats' from 'black hats.' But too often, people in the industry look the other way when domainers broker in squatted domains. Does the industry need to start more aggressively monitoring its own?

Domain Name Wire » News » Editorial: How the Domain Industry Can Clean Itself Up - The Domain Industry's News Source

Earlier today I read DNJournal’s weekly sales recap. There were some good sales, including RoomDividers.com at $75,000 (congratulations, Rick). But all of the good sales were overshadowed by a couple bad sales: Mozzilla.com for $40,000 and wwwMatch.com at $11,100.

Neither of these domain names would stand a chance in UDRP challenges. Both of them are typos of famous web sites. These are the types of domain sales that make the industry look bad.

To make matters worse, Mozzilla.com was sold on DNForum, a respected domain name forum. What signal does it send that domainers are trading trademark typos on a major forum? (It’s not just DNForum, mind you.) Mozzilla.com used to make money from affiliate links for downloading the Google toolbar with Firefox. Now it has a link to download Firefox, but when you click on the link it sends you to various offers such as other toolbars and registry cleaner software.

Technorati Tags: domain names, cybersquatting, mozilla

The Associate Editor at PC Magazine Believes All Domainers Are Cybersquatters.

This piece recently aired at MSNBC, which included quotes from Kyle Monson from PC Magazine.

Web domain taken? Sowhatsleft.com?

Domains Are Stolen Each and Every Day: What Would Happen to your Company if You Lost Control Of Your Domain Name Tomorrow?

Interview With trendicator: YXL.COM Stolen and Recovered | Domain Magnate

- What is your advice to other domainers to prevent having they names stolen

   1. update your whois info if you don’t want to lose your domains…
   2. Keep your computer secure…if something looks wrong with your computer, it probably is; so reinstall your computer, believe you me, it’s worth it. that’s the only way that you can be sure that you’ve rid of the viruses.
   3. keep your email accounts secure; my emails were compromised, and i subsequently lost my domains; i’m just glad that i got my email accounts back in the end….if you use gmail.com, read this: http://mail.google.com/support/bin/answer.py?ctx=gmail&answer=45938
   4. set up different accounts at godaddy…using different passwords…so even if one of your accounts is compromised, you wouldn’t lose them all
   5. keep a log of your domains just in case…godaddy wouldn’t give me a list of my lost domains for security reasons…so even though i know the number of domains i lost, i don’t know exactly what they are….even if you’ve got receipts of them, it takes a long time to compile the list (if you’ve got many domains, that is)

Domain name theft is a common occurrence. Yet, most people take their domain name for granted, even when they are generating substantial revenue through their web site.  Don't wait until a domain thief steals your domain name.  Protect yourself from becoming the victim of a stolen domain name.  Contact a domain name dispute attorney for more information.

Technorati Tags: stolen domain name, domain theft

"Low Value" Domain Parking Pages Results In Another Lawsuit Against Google By Advertisers

Parking pages remain under attack from advertisers as another lawsuit is filed against Google by one of its AdWords advertisers. It is unclear why this particular advertiser did not simply change their campaign settings to exclude the content network. In a previous post, it was suggested that Google may black list many parking pages from its AdSense program. Google previously stopped placing ads on its parked pages.

Google Hit with Another Suit For Fraud From PPC Program: Is this Final Straw For Domain Parking?

According to a report in Media Post Today, Google has been hit with a fraud lawsuit from its parked domain program, which serves pay-per-click ads on Web pages for a third time this summer. This newest case, a potential class-action lawsuit, filed this week in federal district court in Chicago, was brought by a container company, JIT Packaging. The case joins a putative class-action lawsuit filed in San Jose, Calif. last month by Hal Levitte, an attorney who took out search ads, and one brought in San Jose by online retailer RK West, which operates the e-commerce site Malibu Wholesale.

As in the other two lawsuits, JIT Packaging alleges that Google displayed search ads on “low-quality” sites that yielded almost no conversions.

Technorati Tags: cybersquatting, domain parking, trademark

Reverse Domain Name Hijacking Decision Under the UDRP: What Was The Attorney Thinking?

A recent reverse domain hijacking decision in Collective Media, Inc. v. CKV / COLLECTIVEMEDIA.COM is interesting to any lawyer who practices domain dispute law. The law firm bringing the Complaint Lowenstein Sandler PC advertises as a large law firm specializing in domain name disputes as evidenced by a search of their web site for the words "domain name." Considering that the domain name was registered 5 years before Complainant's trademark application was even filed and 3 years before claimed first use of the trademark, and that it contains two generic words, it is hard to imagine whether the lawyers were thinking beyond the billable hour when they filed this one. 

WIPO Domain Name Decision: D2008-0641

In addition, the Complainant’s case was weak in other respects. The Complainant provided no strong evidence of its trademark rights. The Complainant has no registered trademark. The Complainant provided evidence of having only a pending application for a registered mark. Neither did the Complainant provide strong evidence of having common law, or unregistered, trademark rights. The Complainant’s evidence in this respect comprised of three pages from its own website, and a small number of articles with incidental references to it, or containing (among others) short quotes of the “CEO of ad network Collective Media”. Those articles were dated between January and March 2008. The evidence from its own website appears to have been obtained in April 2008. The Complainant provided no evidence to support its claim of having unregistered trademark rights in 2005, let alone in 2002 when the disputed domain name was registered.

The Panel therefore finds that the Complainant should have appreciated that its Complaint could not succeed and, as such, was brought in bad faith for the purpose of paragraph 15(e) of the Rules.

Congratulations to Ari Goldberger who represented the Respondent.
Technorati Tags: domain name, trademark, bad faith, cybersquatting

Domainer Spends $90k For Trademark Protected Domain Toyota.me

It surprises many domain name dispute lawyers that some domainers still purchase domains which are so trademark protected that is is hard to imagine how they might avoid an adverse UDRP transfer. Some domainers simply don't understand trademark law or the Uniform Domain Name Dispute Resolution Policy.

Toyota.Me Sell for 90K: Why Shouldn’t a Registry Be Liable for Profiting From the Sale of Trademark Infringing Domains?

The .ME registry just sold toyota.me for the whopping price of $90,025.

Not only is it the highest price ever paid for a .me it is agoing to be a litigation nightmare for the new owner.

It is hard to imagine how this registrant, assuming the registrant is not related to Toyota Motors, is going to avoid losing this domain and their $90,000 investment under the UDRP or ACPA litigation. While many words and names have multiple uses, some of which are non-infringing uses udner trademark law, Toyota is not one of them.

Domain Parking Pages to Be Excluded From Google's Advertising Network?

The following news story has been posted without confirmation. Even so, how long will it be before Google and Yahoo eliminate certain domains from its network in order to get click fraud under control. At the recent T.R.A.F.F.I.C Conference in Orlando, a Google executive made an appearance and warned domainers that Google was going ot be taking more aggressive action against click fraud. The suggestion is that some domainers create clicks, through software programs or human schemes, on the ads on their parked pages in order to fraudulently create adword revenue. Of course, advertisers using the Google adwords program are getting better at auditing click fraud and asking for refunds from Google.

Google Parking Changes Approaching « Is it me or is everyone else stupid?

From a reliable source Im told that Google has had enough of domain parking, though not all elements of it it seems. [the recent class action filing by Boston attorney Hal Levitte not being relevant at this point]. Google apparently have gotten fed up of policing their AFD program and are about to become proactive with a new domain parking algorithm.

This new algo will assess all domains calling their parking feed and immediately give domains either a “pass” or a “fail” score. Meaning that if Google decide your domain has little chance of type-in traffic or if it scores low on conversions, it wont serve you a parking feed. Simple as that. The details on what percentage of parked domains this will negatively affect is sketchy at best, but you can bet your bottom dollar the numbers will be significant.

A follow up post reporting that "over 90% of the high earning parked domains (those earning above $1k per month) are typos of another site or of a TM holder’s site" and  "Only 10% of the high earning parked domains are truly generic."
Technorati Tags: domain parking, google, click fraud

Is Navigation Catalyst a Typical Domainer? All Domainers are not Cybersquatters.

Eric Goldman at the Technology & Marketing Law Blog has a post about the recent ACPA injunction entered against Navigation Catalyst and registrar Basic Fusion. Mr. Golman states that this is the first decisions against a "domainer" which of course raises the issue of definition. What is a domainer?

Technology & Marketing Law Blog: Domainer Loses Cybersquatting Lawsuit--Verizon v. Navigation Catalyst

This is an extremely interesting and potentially precedent-setting case regarding domaining and domain name tasting. The court condemns both practices, leading to a preliminary injunction against the domainer and its registrar based on the Anti-Cybersquatting Consumer Protection Act (ACPA). As far as I can recall, this is the first time that a domainer has lost an ACPA lawsuit in court, and it provides an important data point confirming that domaining can be cybersquatting (a previously unresolved issue). I also believe that this is the first time a domain name registrar has lost an ACPA lawsuit. Although the court wasn't asked to assess damages (it was just an injunction request), it's clear from the strongly worded opinion that Verizon will get paid if the case gets that far. As a result, this is a major loss for domainers and might very well force them to change their practices.

The defendants are Navigation Catalyst, a domainer, and Basic Fusion, its registrar. Navigation Catalyst engaged in some common domainer practices, including:

* high volume automated domain name tasting. Many of the registered domains have nothing to do with anyone's trademark, but some were typographical error versions of Verizon's trademarks (allegedly, nearly 1400 were variations of Verizon's trademarks)
* trademark "scrubbing" of domain names during the tasting period (both an automated blacklist and a manual review)
* disabling ads on any challenged domains and offering to transfer those domain names to the trademark owner.

All of the attributes above might be indicia of cybersquatting, but do not describe a domainer. A domainer is someone who registers generic, descriptive or even arbitrary words, to the extent they are not trademark protected, for resale, development or advertising revenue. A cybersquatter is someone who registers trademark protected domains to divert traffic from trademark holders. Most legitimate domainers I know consider Navigation Catalyst to be a black hat cybersquatting company.
Technorati Tags: cybersquatting, verizon, navigation catalyst, ACPA, Domain disputes

Legal Practice Tips: How to Sell your Domain Name and Web Content

Many business people would be surprised to learn that there is something akin to a ‘securities” aftermarket for domain names.  Investment groups are formed to pool money in order to buy a portfolio of domain names.  Third parties are buying domain names with web content and income links.  The geo domain market is teaching domainers and other market niches how development can generate additional ad revenue fees as a result of increased traffic.  The domainers are starting to tacitly understand that higher quality content results in higher quality clicks from the advertiser’s point of view. 

Click Fraud and Domainers: Legitimacy of Parked Pages Under Attack Again

Dancho Danchev's Blog - Mind Streams of Information Security Knowledge: Click Fraud, Botnets and Parked Domains - All Inclusive

Click Forensics's recent Q2 2008 report indicates that botnets were responsible for over 25% of all click fraud activity they were monitoring during Q2. Not surprising, given that botnets have long been observed to commit blick fraud, using a common traffic exchange scheme. What's new is the use and abuse of parked domains :

"Despite indication that some of the clicks from parked domains were invalid, Google failed to disclose to the plaintiff specific domain names in which these ads were clicked on, making detection of invalid clicks difficult and even worse concealing any evidence of invalid clicks," the lawsuit alleges.Click Forensics's recent Q2 2008 report indicates that botnets were responsible for over 25% of all click fraud activity they were monitoring during Q2. Not surprising, given that botnets have long been observed to commit blick fraud, using a common traffic exchange scheme. What's new is the use and abuse of parked domains :

"Despite indication that some of the clicks from parked domains were invalid, Google failed to disclose to the plaintiff specific domain names in which these ads were clicked on, making detection of invalid clicks difficult and even worse concealing any evidence of invalid clicks," the lawsuit alleges. RK West eventually went through its server logs and discovered the source of the clicks, said Alfredo Torrijos, one of the company's attorneys."

Google and advertisers continue to focus attention on click fraud. As long as black hat cybersquatters continue to use parked pages and botnets to generate click fraud, legitimate domainers who used parked pages with advertising links on otherwise legitimate generic or descriptive domain names will suffer. Domainers have as much interest in removing black hats from teh space as anyone. In fact, their business model depends on it.
Technorati Tags: google, domain names, cybersquatting, click fraud, botnet

auDRP - Dispute Resolution Policies for the .au domain extenstion

auDA > auDRP > auDRP Providers

auDA does not handle auDRP complaints.

Complaints under the policy may be submitted to any auDA approved dispute resolution service provider (listed below in alphabetical order).

Complaints are determined by a panel (single- or three-member) appointed by the Provider from its listed panelists. Each Provider follows the auDRP Rules, as well as its own supplemental rules.

auDRP Providers

• LEADR - Association of Dispute Resolvers
• The Chartered Institute of Arbitrators - Australian Branch (CIArb)
• The Institute of Arbitrators and Mediators Australia (IAMA)
• World Intellectual Property Organisation (WIPO)

auDRP Panelists

Independent arbitrators who hear auDRP complaints are known as "panelists".

Each auDRP Provider is wholly responsible for the appointment of its listed panelists. Individuals who wish to become panelists should contact a Provider. It is possible to be a panelist for more than one Provider.

Technorati Tags: .au extension, australian domain dispute

LinkedIn's New Purchase of .au ccTLD Shows Increase In Australian TLD Popularity

Builder.au reports that LinkedIn, the social networking site for professionals, has joined an increasing number of companies that have sought to register their trademarks on the Australian (.au) ccTLD.  Several months ago LinkedIn contacted Australian marketing firm Clear Blue Day, the previous registrant of linkedin.com.au, and requested that Clear turn over the domain name.  Instead, Clear negotiated a deal whereby they received an advertising campaign on LinkedIn’s website in exchange for the domain name.

Domain Name Return On Investment: Your Time Is Worth Something Too

Our friend Sahar Sarid over at Conceptualist.com has a great post about valuing a domain name.  Sahar points out that the sale price of a domain name should not only reflect the value of the domain, but also the costs associated with obtaining the domain, the risk involved, and the time that you have expended, including lost opportunities.

Hobbits v. Hobbitts: Generic Mark Argument Won't Prevent Panel From Seeing Pay Per Click Parking as Bad Faith

Seemingly generic domain names can often turn into a trademark nightmare when used in combination with pay per click parking pages.  A recent proceeding in front of the World Intellectual Property Organization demonstrates that a registrant’s inability to control these pay per click parking ads can result in the loss of a domain name.  It is important to realize that these parking pages can be used against you as evidence of your bad faith intent to profit from the trademark of another.

The Three Views of Trademark Cybersquatting

We all know the formal definition of cybersquatting under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA).  But in the blogosphere, people use the word cybersquatting to mean a variety of different things.  The good news for both, trademark holders and domainers, is that both the courts under the ACPA and Arbitration Panels at WIPO and NAF under the UDRP continue to become more consistent in their definition and application of cybersquatting principles in their decisions.  As an attorney, consistency is the one element which allows us to advise our clients and allows clients to make informed business decisions based on a risk/reward analysis.

One of the challenges for internet attorneys working on cybersquatting issues is the relative inconsistency and how the word “cybersquatting” is used in on-line discussions on the internet.  The same is true for related terms such as “reverse domain hijacking”, a concept wherein a trademark holder attempts to use the UDRP or ACPA to essentially steal a domain away from a legitimate domain registrant who did not register the disputed domain in bad faith, or is using an otherwise trademarked protected domain in a non-infringing way.

Narnia Dad defends his domain name registration of Narnia.mobi as good faith registration

Cybersquatting in Narnia | click to remove

In September of 2006 Richard Saville-Smith paid 70 pounds for the domain Narnia.mobi. He hoped to save the domain until the release of the second Narnia film. Then he would give it to his son as a birthday present and let his use it for his email. Now, some two weeks before the release of Prince Caspian in Great Brittan Saville-Smith has been served with a 128-page order to release the domain from the World Intellectual Property Organization (WIPO).

Unfortunately for the dad, the narnia.mobi web page contains Narnia-related "click-through" advertising, a fact which the couple's lawyer labeled an "unfortunate circumstance." "We bought it through a company that has become part of Sedo. They put up a holding page and dumped some advertising on it." Payne said he didn't believe there to be any evidence of "bad faith" on the part of the couple - the basis of the claim by Baker & McKenzie's client CS Lewis Company: "They had nothing whatsoever to do with the adverts on the place-keeper site. They have attempted to have the adverts removed and were surprised to see them there."

Other links:

• Narnia Dad defends his domain name policies, TheLawyer.com
• First Reports of Cybersquatting Allegations, TheLawyer.com
  

Technorati Tags: cybersquatting, narnia

The Ultimate Geodomain Portal

Geodomains are all the buzz.  But of course, everyone’s talking about how to get great content on their geodomain.  One of my good friends, Andy McFarlane, has been at this since about 1989 and owns leelanau.com and the ultimate developed geodomain site, absolutemichigan.com. 

Few domainers really understand what it takes to develop a geodomain.  Andy is the guy who’s already made it happen.  If you are a geodomainer, check out absolutemichigan.com and leelanau.com in order to see how it is really done.

Excluding Keyword Categories From Your Parked Pages In Order To Avoid Cybersquatting Violations

Parking companies are handcuffed in many ways by their relationship with Google and Yahoo, who essentially control the framework by which ads are shown on parking pages.  Parking companies, however, now appear to realize the necessity of working with Google and Yahoo to develop options which allow a domain owner to exclude categories of ads which are shown on parked pages.  Based on several conversations with parking companies at the recent T.R.A.F.F.I.C show that keyword category and trademark exclusion will soon be available.

Internet Hackers Gain Access to Comcast's Domain Name Management Console

Last week, computer hackers gained access and control of Comcast’s domain management system hosted by Network Solutions.  The hackers took control over Comcast’s homepage and webmail for nearly five hours before they could regain control.

Article by Kevin Poulsen, Wired.com:

Comcast Hijackers Say They Warned the Company First

"…The hackers say the attack began Tuesday, when the pair used a combination of social engineering and a technical hack to get into Comcast's domain management console at Network Solutions. They declined to detail their technique, but said it relied on a flaw at the Virginia-based domain registrar.

Network Solutions spokeswoman Susan Wade disputes the hackers' account. "We now know that it was nothing on our end," she says. "There was no breach in our system or social engineering situation on our end."

However they got in, the intrusion gave the pair control of over 200 domain names owned by Comcast. They  changed the contact information for one of them, Comcast.net, to Defiant's e-mail address; for the street address, they used the "Dildo Room" at "69 Dick Tard Lane."

One of the Rarely discussed Benefits of Domain and Website Development

There is a lot of talk on domainer blogs about developing domains.  With PPC revenue down and the tremendous amount of uncertainty surrounding parking pages, domainers are now developing their most valuable domains using a variety of techniques.  One tremendous benefit which development can provide is rarely discussed.  Most every one, two word and three word descriptive domain likely has trademark issues in one market or another.  Parking these pages can result in serving up ad links for competitors of trademark holders in what would otherwise be a descriptive domain.  For instance, the domain apple.com (which I am using only as an example) could serve up Google or Yahoo ads for a variety of different products and services including fruit, produce markets and related goods.  However, the domain apple.com, could not serve up ads for computers or other technology items consistent with Macintosh’s trademark registration for “apple.”  A failure to exclude technology products from the ads being served up on a parking page could result in a transfer of the domain to a trademark holder under the UDRP.

Of Domainers and Trademarks: Is it Time to Rethink the Bias Against Trademark Rights?

For years, domainers have been, from their perspective, abused and persecuted by trademark law and holders of trademark rights.  Even a one word descriptive domain such as “apple” can, as we all know, have trademark rights.

Live Auction Results From Traffic Disney - Good Numbers Being Generated

I am sitting at the live auction at the T.R.A.F.F.I.C East - Live Auction Results. I will be posting some of the interesting results and updating this post throughout the afternoon.  The prediction is that this will be a strong auction with the best portfolio of names ever offered before.    Official domain auction results from the low reserve auction here.

1. ow.com  - $ 120,000
2. closings.com  $25,000
3. maybe.com  $40,000
4. computerparts.com $80,000
5. blueray.com $30k
6. rainbow.com  $170,000
7. sexshows.com  $55k
8. filmmaking.com  $55k
9. anger.com  $49k
10. boxingnews.com $25k
11. labsupplies.com $18k
12. footballscores.com  $37.5k
13. floortiles.com $30k
14. typo.com  $25k
15. endorsement.com $16.5k
16. onlinecounseling.com $12.5k
17. conglomerate  $20k
18. civilclaims.com $8,500
19. engraved.com $19k
20. influential.com $12k
21. postalcodes.com  $42,500 (most activity award!).

T.R.A.F.F.I.C East - Live Auction Results From Disney

I am sitting at the live auction at the T.R.A.F.F.I.C East - Live Auction Results. I will be posting some of the interesting results and updating this post throughout the afternoon.  The prediction is that this will be a strong auction with the best portfolio of names ever offered before.    Official domain auction results from the low reserve auction here.

1. gasprices.com - $225,000
2. susan.com - $50,000

Valuable Three Letter Domain For Sale - gap.org

We represent Global Alliance of Performers in the sale of the domain name gap.org . Global Alliance of Performers is a 501(c)(3) non-profit organization incorporated in the State of Washington that has been increasing public awareness of important social and environmental concerns since inception. Gap.org has been able to achieve a Google Page Rank of 5 with approximately 2,500 visits per month and 8,500 hits per month. While there are some trademark restrictions surrounding the domain, there are also many non-infringing uses.

Global Alliance of Performers' goals and directions have changed, and our client is now accepting bids for the sale of the domain. There has been contact made by interested bidders for this domain, so it is our client's intent to sell the domain to the highest bidder. Comparable domains have sold for six figures, such as date.org for $150,349, loan.org $105,500, for army.org $99,000, and red.org for $50,000. Estibot has valued the domain at $17,000 while a prior GoDaddy certified appraisal was in excess of $20,000.
A public auction is being scheduled for the near future. If you would like to be notified of the time and place for this auction, or if you are interested in purchasing the domain, please email contact@traverselegal.com.

Should you have any questions, or should you be interested in submitting a bid, please do not hesitate to contact us.