Typosquatting would be the actual 'trade phrase'.
I keep waiting for the typosquatting round-up lawsuits, akin to the music download round-up lawsuite, where a handful of brand name companies sue 1) the PPC domain parking vendors under a joint venture, conspiracy to defraud or RICO theory (or other theories); and, at the same time, suing the domain forums that allow people to promote brand typos for resale plus the actual resellers.
My best guestimate is that such an action gets filed in 2005-2006, likely triggered by an aggrieved brandholder watching its brand being used to direct traffic to a competitor.
They way I figure it, eventually the 'brand industry' will determine that it will be cheaper to file a few massive multi-party suits that send a message to the domainer world versus trying to pick them off one at a time via C&D letters, WIPO actions, etc.
Big brand is just a little slow at times to adjust. Blame it on big brand's lawyers: Much more money in writing C&D letters for the next decade than to cut this practice off at the head - by going after the domain parking companies that enable the monetization of the brand conversion.
[webmasterworld.com...]
The fact is there is very big bucks in typos through PPC .. thats why verisign attempted to hijack all typos and non responding urls to their servers with a project called "site finder"
They then would sell the traffic to overture /yahoo ppc ..
In essence in one swoop they tried to muscle in and TAKE over every typo in the .com and .net namespace making themselves EASILY hundreds of millions and cornering that market through pure thuggery..
same disregard to TM's as the little guy..
Difference is with the little guy if a company really cares about a typo of their name they simply either send a C&D , UDRP , or buy the name for a few hundred bucks generally .
Try sending versign a C&D because the typo of your domain is making them money ..!
The "little guys" can be controlled with relatively minor expense
Everybody is entitled to their own opinion.
In my opinion, opportunists have some major issues. I don't like them. In fact, I dis-like them.
And EVERYONE is trying to get a piece of that MARKET..and thats what it is a Huge Market ...
A company dosent automatically get traffic that on a TYPO address because they didnot RE#GISTER that address..
That decision by a Company tleaves their typo address open for the first person that gets their..
If Company decides it does care aout typos on their TM's but dosent want to spend the $7 to register the name..then they have the option of sending of a C&D or going to UDRP or buying the Name or Suing ...
So everything is ALREADY in place to protect TM holders..
Then you have the Millions of TYPOS that have nothing to do with TM's .. they are Generic Typos
the Automoble.com of the world ..
opportunist (anyone that understands the power of natural traffic) all rush to register these names..Verisgn tried to muscle everyone out (just like a mafia) and just CLAIM these names with "site finder" including the TM's ...
Opportunist create Markets and are essential in Capitalism
So you can either participate in the Markets of opportunity or Not ...
AND you're free to dis-like it all day long if you like.
I dislike my Energy Company being an opportunist and taking advantage fuel fluxuations and profiting off me because of it... but until I register my own WindMill , or go buy Solar panels or sue them for price gouging ...then thats simlply the process..
Sure I dont like ..and yet I cut them a check every month .year after year after year
I'm entertained by your defense of your positionm though I give it no credence. I'll be equally entertained by the typosquatter's defense to the eventual mass lawsuits.
"But judge . . . they didn't register all the variations of human error in typing their trademark . . ."
"So, you admit what drew you to the typo was the chance to exploit their famous mark and human frailty?"
"Well, no sir, your honor. I was just typing randomly and mistakenly typed this string of letters and then decided to use a PPC campaign and the typo to attempt to get my money back."
My money is on multi-party litigation where the final ruling is at the very least an injunction against the PPC firms if not worse, like a bankrupting sized award of damages, that goes against not only the corporation but its principals. That, in addition to a direct damages award against the typosquatters.
It will happen just like the music download mass action lawsuits. My best guess is somewhere in 2005-2006. Most likely candidates: Disney, Hollywood.
Since it's not my game I don't much care to debate the point. Everything is fine until it isn't. The way to end this practice is to go after the PPC domain parking firms. They're a relatively easy target. Take them out of the picture and typosquatting dies a swift death.
Plan accordingly.
Huge amounts of traffic goes to typo names worth hundreds ...some speculate into the billions..
The largest typos squatters are multi million and billion dollar corporations..
start with understanding of infringment.. you may certainly own trademark names .. that is LEGAL.. what you cant do is INFRING on those marks.
UDRP decisions are enforced on 3 Points
The domain name is identical with or confusingly similar to a name, trademark or service mark in which the complainant has rights;
The domain name holder has no rights or legitimate interests in respect of the domain name; and
The domain name has been registered or subsequently used in bad faith.
The compainted has to Prove ALL 3 points..not just one..
Any way you arrange the letters in the Alphabet to create a word.. that "word" probably has a TM on it..sometimes HUNDREDS of trademarks on the same name!
And that's also legal as long as each mark isnt INFRINGING on anothers mark.
Typo's are legal ... Typosquatting ..(infringing on a TM) is not .. but the precedure to handle those has been in place for a long time and works well.
There will be no "mass" lawsuits .. just the same UDRP decsions and targeted Lawsuits on high profile (typos squatter) TM infringers
Citrix might be wise to settle out of course in my inexpert opinion. -Larry
