Cybersquatting & Domain Dispute Attorneys / Lawyers: Cybersquatting on Domain Names Following Mass Tort Accidents

« Use of Privacy Services By PPC Advertisers Supports Finding of Bad Faith Cybersquatting | Main | Domain Name Owners Beware: The State of Kentucky Attempts to Seize Domain Names That Lead to Gambling Websites »

09/16/2008

Comments

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

"In response to Mr. McDermott's comments, I hope we can agree that metrolinktrain.com appears to be cybersquatting."

Absolutely!

Patrick

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."

"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

testing

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

The comments to this entry are closed.

Official Trademark Clearinghouse Agent