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.
It also appears that the recent news regarding Lehman Brothers’
bankruptcy has also created domain name revenue opportunities. In fact, it
has been reported that domain names such as lehmanbankruptcy.com has been registered and is being auctioned. Is this cybersquatting upon Lehman’s trademark or is it merely domainer speculation? Regardless, it illustrates how quickly the domain name market reacts to, and becomes part of, breaking news.
All of the news surrounding these mass torts, like the Metrolink disaster, will
continue to entice cybersquatting. Whether it is reactive, like the Metrolink registrations, or speculative, like the Lehman Brothers registration, domain names that attract traffic and have revenue potential will continue to be attractive. Although defensive registrations may help to some extent, quick domain name registration and other action following such an event may be the best one can do.
"In response to Mr. McDermott's comments, I hope we can agree that metrolinktrain.com appears to be cybersquatting."
Absolutely!
Patrick
Posted by: Patrick McDermott | 09/18/2008 at 15:34
The BBC posted an article dealing with the registration of domain names corresponding to mergers. See http://news.bbc.co.uk/2/hi/technology/7621647.stm. The best quote from the article is: "The lesson has been there for a while for anyone working in the mergers and acquisitions area that this is a key area to focus on in the due diligence process," Mr Robinson says. This further evidences that cybersquatters will seek any opportunity available to make money and that trademark owners and prospective trademark owners must always be one step ahead.
In response to Mr. McDermott's comments, I hope we can agree that metrolinktrain.com appears to be cybersquatting. As for metrolink.com, it is true that there "could be" other uses for it. The same could be said for the majority of domains, but the proof is in the pudding so to speak. The fact that the domain offers links to competitors, and has for some time, tends to negate the planned legitimate use argument. Furthermore, the registration of METROLINK with the USPTO since 1996 was sufficient to put the domain registrant on notice of SCRRA's rights to the term in connection with "passenger rail transportation services." Ultimately there "may be" some sort of legitimate use, but on these facts, the registrant has weakened its position and subjected itself to claims of cybersquatting.
To the contrary, if it were used for a night life directory or some other use consistent with the dictionary definitions of the terms, the registrant may have a stronger position. I understand that you would not want to be challenged for such a use, therefore, it is important to understand what actions could jeopardize what one may feel to be a legitimate and good faith domain registration. I think the BBC article said it best when they called it "due diligence."
Posted by: Train accident attorney; cybersquatting lawyer; trademark | 09/18/2008 at 09:06
"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. "
Counselor,
I do not take issue with your comments about these opportunistic cybersquatters.
I agree with you 100%.
However I do take issue with your comment about MetroLink.com.
I know the current parked page shows rail transportation links.
But the domain could certainly be used for other legitimate purposes that have nothing to do with train operations.
MetroLink.com could be a city directory with links to nightlife, restaurants, theater, etc.
If I had that domain and used it as I describe above, I would not want the Southern California Regional Rail Authority challenging my registration.
That, to me, would be trademark overreach.
Patrick
Posted by: Patrick McDermott | 09/16/2008 at 17:58
testing
Posted by: Patrick McDermott | 09/16/2008 at 17:47
Metro Link is actaully a TM for Saint Louis, MO.
http://www.metrostlouis.org/MetroLink/stationlist.asp
NO WAIT, it is a TM quad cities,
http://www.qcmetrolink.com/Home.aspx
NO WAIT, it is a TM for a 1000 other cities.
Now how is a MetroLink a TM just for SOCAL?
Please educate everyone
Posted by: Cyber | 09/16/2008 at 16:50