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. 

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

Domainers Can't Have It Both Ways: Until Blatant Cybersquatters Are Exterminated, All Domainers Will Suffer

It has always amazed me that domainers take such umbrage to the UDRP, ACPA and other cybersquatting provisions, while doing nothing to provide disincentives for these laws to exist.  I don’t know what the actual percentages are, but the number of domains registered which are clearly cybersquatting someone else’s famous trademark must be extremely high.  We have clients who have literally hundreds of blatant cybersquatters sitting on typos of their various domain names.  Virtually any company with significant traffic has typosquatters diverting traffic for their own PPC revenue.  The cybersquatting problem continues to grow while, at the same time, legitimate domainers work hard to legitimize domain monetization practices.

More Cybersquatted Domain Names for Your Buck With One UDRP Complaint

Rule 3(c) of the Rules for Uniform Domain Name Dispute Resolution Policy states, “The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder.”  This means that if a trademark owner’s business is being harmed by multiple unrelated cybersquatters, she must file one complaint against each registrant.  What if you have a popular trademark and/or domain name (which usually coincides with a popular product or service) that you believe is being cybersquatted by numerous domain name registrants?  Based upon the number of UDRP Complaints that name only one domain, most Complainants, and even their attorneys, believe you have to file one Complaint against each domain name registrant.

UDRP: Lack of Use of a Domain is NOT Always a Defense

The mere holding of an infringing domain name without active use can constitute use in bad faith under the UDRP.  Despite this, all too often trademark owners watch as domains are registered that incorporate their trademark.  Unfortunately for the trademark owner, they think costly litigation under the ACPA is the only means of redress for what appears to be clear cybersquatting.  While the UDRP is cost effective and efficient, there is a general understanding (or more appropriately misunderstanding) that there must be a use of the domain name in order to file a UDRP complaint and win the UDRP.  In fact, the rules for the Uniform Domain Name Dispute Resolution Policy, states that the domain name must have been registered in bad faith and used in bad faith to satisfy the policy.  Registration in bad faith was, and continues to be perceived by some, as not enough.  That said, recent panels have held that a Respondent’s failure to make an active use of the web site, such as merely parking the web site with a web hosting company, is enough to satisfy bad faith registration and use under policy paragraph 4(a)(3).

You Are A Legitimate Domainer If ... You Do Not Cybersquat

There is a major perception problem that all domainers are cybersquatters. Of course, this is not true.  Cybersquatters target well know brands and trademarks, as well as typos of those marks.  Domainers target generic words that have limited or no trademark rights.  The White Hat Domainers often get lumped in with Black Hat Cybersquatters.  This misconception is typified this 'tongue-in-cheek" post on the Domain Kid Blog  as set forth below.  Notice how it implies that cybersquatting activities are inherent in domaining.

… you consider Whois a social network.
… you still refer to Zuho as SwapNames.
… you’re not a lawyer but can recite trademark laws from memory. (ES:  White Hat Domainers should know trademark law or hire a trademark attorney to steer clear of threat letters)
… you own some sort of iphone related domain name. (ES: Targeting well known brands is NOT an attribute of legitimate domaining)
… your backlink quality is more important than your quality of friends.
… two words: ICANN
… you’ve ordered chips & Dotsauce.
… you knew GoDaddy before he was even a father.
… you’ve been in a fistfight because someone has dissed your Pagerank.
… you’ve registered a celebrity’s name. (ES: Targeting well known surnames and celebrities is NOT an attribute of legitimate domaining)
… you consider parking nothing to do with an automobile.
… you’re favorite quote is "may the Rick Schwartz be with you."

What Every Domainer Needs to Know About Trademarks before Registering Domain Names

I was recently interviewed by Modern Domainer Magazine about trademark issues. In this article, I discussed a variety of trademark issues for domainers who wish to extend their domain name value by also registering trademarks and as due diligence prior to registering domains in order to avoid trademark infringement threat letters and lawsuits.

You can read the entire article here.

What Are Your Domain Name, Trademarks and Web Traffic Worth?

Most companies have yet to realize the value of their on-line property, comprised of their domain name, trademarks, brand names and established web traffic.  Most on-line companies still don't realize how much value they have tied up in these elements of intangible property.  Companies should protect their domain names, web presence and trademarks because they are valuable assets which will only increase in value over time.

Want proof?  Rick Schwartz just sold iReport.com for $750,000.00. We'll have to hear more from Rick, but it appears that iReport sold for the value of the domain name itself, irrespective of page rank or web traffic. Rick sold the domain for the value it represented to CNN in order to protect and extend its iReport brand and service, a service which allows everyday people to upload video or pics to CNN to assist CNN in finding high-end real time news stories and media.  The Wayback machine shows that the web site for iReport.com was a simple adwords link site, with no page rank and likely limited traffic.   

Domain Name Journal - The Lowdown

Rick Scwhartz has reason to smile  after $750,000 sale of iReport.com   T.R.A.F.F.I.C. Conference co-founder and pioneer domain investor Rick Schwartz has just completed the sale of iReport.com to the Cable News Network for $750,000. As the contract was being finalized Schwartz was asked if he had any similar domains so he told CNN he also owned the hyphenated version, i-Report.com.

Our attorneys were recently asked why the iReport domain name was not an example of bad faith cybersquatting under the ACPA or UDRP.  The answer is simple. Rick registered the domain in 1997 as a generic domain, well before  CNN launched its iReport web service and even longer before CNN could even think about asserting trademark rights on what otherwise would be a weak, descriptive and generic trademark.  Registering generic domains and avoiding monetization practices which seek to siphon traffic from established trademarks is fair game.

CNN clearly understood the value of the iReport domain (after much education by Rick no doubt) and will realize a strong return on their investment over time. Want to see what other domain names have sold for in 2007, check out the DNJournal Report here.

Rick can't say too much about the negotiations, but you will get the idea by reading his post reporting the sale here, here and from his cruise ship here.   Technorati Tags: rick schwartz, CNN, monetization

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Domain Tasting is Bad for The Internet, Domaining and ICANN's Credibility

The Dell lawsuit has the potential to put the practice of domain tasting on the front page, as has already occurred when its lawsuit which was picked up by the Washington Post.  Will Dell and its friends in the trademark rights world take advantage of this unique opportunity?  Will they take this opportunity to educate the public and other corporations about the largely invisible practice of domain tasting and cybersquatting?

Most companies have little knowledge and understanding of domain tasting, cybersquatting or typosquatting. Most don't know their internet business, web traffic and revenue is being diverted each and every second of each and every day. Many are oblivious to the fact that their famous trademarks are under attack in cyberspace and that their customers are being diverted to their competitors.

Are All Domainers Cybersquatters?

With the number of domains being registered by domainers, domain tasters and various domain monetization companies, the cybersquatting debate continues to increase in intensity.  In the interview with Professor Eric Goldman, the phenomena of domaining is explored.  Are all domainers cybersquatters?  What is the impact of domain tasting on the domain industry? Where is the domain monetization industry headed next?  Explore these issues and more with Dr. Goldman in this vTalk radio interview.  (post the interview on your site by clicking here)

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ANNOUNCER: Welcome to vTalk Radio Tech Spotlight with your host, Damien Allen.