Cybersquatting & Domain Dispute Attorneys / Lawyers: You Are A Legitimate Domainer If ... You Do Not Cybersquat

« The Many Names of Cybersquatting | Main | If The Number '5' License Plate is Worth $6.8 Million, What Is Your Domain Name Worth? »

02/01/2008

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

I think that people in the domain name market are getting more sophisticated about their use of domain names. Keep in mind that there are a relative few words which are so unique that they are automatically trademark protected. An example of such a word would be Microsoft. But most company names and brand names (as well as personal names) are less exclusive. There are lots of non-infringing uses for the word “gap” for instance. As domainers begin to realize the power of the “non-infringing use” model of domaining, there are reducing their risk of domain disputes, threat letters from large companies alleging that they are cybersquatting, UDRP arbitrations and anti-cybersquatting consumer protection act lawsuits.

As the domain real estate continues to dwindle, it will be interesting to see if domainers become more aggressive and inadvertently cross over into cybersquatting. A domain name attorney can help a domainer stay a domainer. A domain name attorney can also help "clear" a domainer's name when being attacked and incorrectly labeled a cybersquatter.

As Frank Schilling has proven, domaining is a new and rewarding career. As John Zuccarini has proven, cybersquatting can destroy you. (see http://www.theregister.co.uk/2003/09/04/worlds_most_notorious_cybersquatter_arrested/).

Knowledge of trademark and domain name laws will lead you to a life like Frank rather than a life like John.

Thanks for the comment Rudy. I know your bullet list was 'tongue-in-cheek.'

You could not be more correct about the 'mis-information' and 'ignorance' problems. Too many domainers simply don't know the rules of the road. Blogging about it certainly creates the opportunity to inform!

I love the "you’ve ordered chips & Dotsauce." attribute. I am adding you to my RSS feed. Keep up the great blogging.

Good article. My name is Rudy Hernandez and I am the domainer who created the "You might be a domainer if...blog post that you are referencing. I agree 100% that cybersquatting is an atrocious practice that far too many domainers participate in. Not only are there the obvious legal ramifications from cybersquatting and trademark infringement domain registrations but as you said above, it increases the misconception that all domainers are cybersquatters. Veteran and professional domainers know to steer clear of this practice and I think that is exactly what distinguishes the professional domainer from the amateur domainer. In my blog, I try to inform new people to the domain industry that cybersquatting is a crime and can lead to nothing but headaches and legal woes. You article is exactly what our domain industry needs and I wish more people would support and create topics such as yours to educate the novice domainer. The list I created does include both positive and negative aspects of domaining and was meant to address the current trends/fads in domaining today. Once again, great article and I hope to read more informational topics regarding domain and domain names in the future on your website. Sincerely, Rudy Hernadez (LogistikLabs.com)

The comments to this entry are closed.

Official Trademark Clearinghouse Agent