Webwork - 1:55 pm on Mar 14, 2008 (gmt 0)

Alrighty, having posed the questions allow me to start the process of responding . .

First of, I steer clear of famous marks. Don't need 'em. Don't want 'em. Too many issues, especially the moment anyone attempts to make coin off the famous mark.

My target domains are always generic descriptive domains, i.e., industry phrases of general meaning that no one agency can fairly claim.

Have I seen some folks or companies attempt to lay claim to trademark rights to truly generic descriptive word domains? Sure, aplenty. Is it overreaching? Absolutely and they better be prepared to file lawsuits against 100s, if not 1000s of websites to "defend their mark" against dilution, infringement, etc.

From time to time I check [USPTO.gov...] to see who is registering - or attempting to register - trademarks on generic descriptive words, phrases, domains. The USPTO database is lettered with "dead" applications for such.

From what I've seen most "trademark trouble" arises from people who deliberately trade off famous marks of others.

NAF and WIPO also demonstrate that some folks get into trouble trading off trademarks that are somewhat less than "famous", i.e. rightfully registered marks that have limited application. For example, a less well known firm or company that offers a specific product or service.

I have a small advantage that most domainers don't in that I have a law degree. So, the 3 times in my "domain career" that I received what I call nastygrams - letters from lawyers - I was able to deal with the issues directly and effectively. One time involved no less than 3 rounds lengthy legal letter exchanges with a major law firm, representing a famous brand, that I believed was overstating its case of claiming exclusive rights to certain words. The sabre rattling ended with a "draw". I wasn't targeting their specific business, which was self-evident, and I retained the domain. Ditto another "big business" that, again, was overstating its control of generic descriptive words.

I'm ready for war, if need be, so threats and bullying - which aren't uncommon in the domain space - aren't a concern. Given the number of domains in my portfolio 3 challenges in 9 years suggest that I must be doing something right.

You?

[edited by: Webwork at 2:01 pm (utc) on Mar. 14, 2008]