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Registrar's default domain parking page vs. a WIPO decision

Does a parking page look bad for a case before WIPO

     

maherphil

11:44 pm on Nov 30, 2005 (gmt 0)

10+ Year Member



I'm wondering what everyone thinks of a registrar that puts up a default PPC parking page on newly registered domains...and how this would look in front of WIPO if someone was after your domain.

What I'm getting at is that WIPO has traditionally frowned upon making money on a disputed tradmark domain. Once you start to make money on a trademark'd domain then you are acting in bad faith...WIPO says.

So if your registrar makes money on you by defaulting your domain to PPC parking page then what are the ramifications for domain disputes.

Obviously the domain would be making money on the trademark...but YOU are not making the money, the registrar is; and this is the default for newly created domains.

If someone sued your domain for tradmark issues and showed WIPO (or any other court) that you had ads on the site it wouldn't look good...regardless of who was making the money and that it was the default policy of the registrar.

Anyone have input on this situation?

Webwork

12:08 am on Dec 1, 2005 (gmt 0)

WebmasterWorld Administrator webwork is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month



Man, I am pulling back on my own reigns on this.

You know the Nike ad/motto: "Just do it!"

When it comes to reg'ing domains that encroach on trademarks go with the anti-Nike motto.

K.I.S.S. Then you don't have to ask imponderable questions such as this.

Bottom line: Anything that can be used against you will be used against you by a skilled lawyer. This issue is a close call, when it comes to "do they use it", but it could be argued that someone is profiting from you act, or there's the potential for confusion, etc.

These are not the days to be playing with domains that are clearly allied with a trademark.

Moniker_Man

3:09 am on Dec 1, 2005 (gmt 0)

10+ Year Member



A Wipo case is not won due to PPC adds running on a landing page. It is won by the complainant winning ALL 3 of these arguments:

1. The domain name is identical or confusingly similar to a trade or service mark in which the complainant has rights.
2. The domain registrant has no legitimate rights or interests in the domain name (other than the fact that the registrant had registered the domain name, of course).
3. The domain name has been registered and used in “bad faith”.

Having a landing page or a dead page is not relivant to any of the points above just so you know. As a matter of fact, having PPC driven landing pages legitimizes the domain and more cases have been won on this one point alone under the arguments against #2 above:

The Landmark Group v. DigiMedia.com, L.P., NAF Case No.285459 [arb-forum.com...]
Respondent alleges that its business model is the registration of large numbers of dictionary words commonly searched by Internet users, and that it generates revenue by providing pay-per-click advertising links related to the generic nature of each site’s domain name. For example, in addition to the generic domain name <landmarks.com>, Respondent also owns and operates websites such as <chairs.com>, <pants.com>, <dress.com> and <webdesign.com>. As long as the domain names have been registered because of their attraction as dictionary words, and not because of their value as trademarks, this is a business model that is permitted under the Policy. Gen. Mach. Prods. Co. v. Prime Domains, FA
92531 (Nat. Arb. Forum Jan. 26, 2000).

winning one or two of the arguments will not win the case, the complainant would have to win all 3 arguments.

In any case, hope this helps.

maherphil

6:24 am on Dec 1, 2005 (gmt 0)

10+ Year Member



hmmm, yeah this is getting to be more of a legal question then anything else. There are so many potential tradmark violations out there because of the raw numbers of trademarks filed...this year I believe being the highest ever.

From a linguistics viewpoint there are only so many words in the dictionary and letters in the alphabet and combinations can come inadvertantly close to newly registered trademarks.

Are we running out of clever word combinations to be trademark'd? Has English reached its limits?

davezan

6:36 am on Dec 1, 2005 (gmt 0)

10+ Year Member



The real question is "why did I register the name?".

maherphil

1:35 am on Dec 2, 2005 (gmt 0)

10+ Year Member



Exactly, preventing "bad faith" is spirit of all law.

I'm just saying that it is real hard to keep up with the THOUSANDS of tradmark registrations every month and there are a finite number of letter combinations and clever phrases in english that I would venture that ANY domain could potentialy have a trademark lawsuit brought against it.

 

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