14 November 2012

Domain names and trademarks

Note: This issue comes up again and again.  You need to check with your attorney if this issue affects you (only an attorney can give legal advice), but here is an excerpt of one response (unverified) from the web--

Is my domain name cyber squatting on a trademark? - Yahoo! Answers: ". . . .  a domain name is not a trademark, it is an address on the internet. Only when you have USED it as a trademark does it acquire any protectable trademark value, and only in the goods and services in the field where you have actually branded things with the trademark. The mere fact that someone else later comes along with a trademark that happens to correspond to your domain name does not give them any particular right to stop you from using it . . . Similarly, if you had been using your unregistered trademark on your services for even a day and someone else filed an application for federal registration of that trademark in your field, not only could they not force you to stop, you could prevent them from registering their trademark or petition to have it revoked if it was issued without it coming to your attention, because you have "priority" in the brand in those goods or services to which you actually attached it in commerce. If you never used your brand in commerce, you have no brand to protect. . . . "

31 end user domain name sales
Domain Name Wire
Retail order fulfillment and logistics company Fifth Gear has InFifthGear.com as its web site. Not a great domain and Oversee owns FifthGear.com. The company bought InOverdrive.com for $1,495; perhaps it will change its name. Scientific group The Royal ...

XXX domain name makes a porn fortune
The Independent
The British net tycoon behind the porn exclusive ".xxx" domain has made another fortune, as demand for places on the new home for adult content is expected to bring in $200 million this year. Stuart Lawley's ICM company has sold just short of 230,000 ...

The Independent

Why I Share My Recent Acquisitions
Elliot's Blog (blog)
There are a number of reasons why I share my recent domain name acquisitions with you. I thought I would give you some insight into why I do this. The first and most important reason is because I think it's helpful for people who read my blog to know ...

OrderInn.com sues Google Ventures-backed Ordr.in over name
Domain Name Wire
Las Vegas company Order Inn, Inc., which uses the domain name OrderInn.com, has sued startup Ordr.in for trademark infringement. Order Inn is a food service provider that connects hotels without their own room service to nearby restaurants — hence the ...

Mega Confirm New Zealand Hosting After Gabonese Refusal
World Internet TV on PC (blog)
Hosting in the small country in western Africa, which is home to around 1.5m people, would have seen Dotcom name his site www.me.ga after the Gabonese top-level-domain (TLD), though authorities have shut down the address (to which Dotcom claims he ...

World Internet TV on PC (blog)

Microsoft registers domains for Karaoke web standard
Domain Name Wire
Every once in a while I come across domain name registrations that leave me puzzled. Microsoft registered six domain names yesterday related to “Karaoke Web Standard”. I've searched the web and can't find anything related to Microsoft and a new web ...

Building a better society: an interview with LV CIO Richard Warner
Computing
Louis Vitton had taken action against a US company for the LV.com domain name, from which the US firm had planned to run a Las Vegas-focused portal, claiming that it was cyber squatting. When Louis Vitton lost, Liverpool Victoria nipped in and bought ...

Google Threatens Court Action Against SA Man
AllAfrica.com
Johannesburg — Internet giant Google is threatening to sue a young entrepreneur from Middelburg in Mpumalanga because his website has a similar name, Beeld reported on Wednesday. Andries Maree, 23, owns domain name Doogle.co.za, a website that ...

The Domain Venture Partners new TLD pitch deck - Domain Name Wire
Bayoubuzz (subscription)
In August a Florida man filed a lawsuit claiming he invested $123,000 into a business to run the .bim new top level domain that didn't get off the ground. The suit names Domain Venture Partners PCC Limited, which is an applicant for 60 top level domain ...

Private Inventory of 2200 Now Free Premium Domains Made Public by Domain ...
PR Web (press release)
We cannot in good conscience continue to participate in this over inflation of the premium domain name market that denies talented groups, companies and individuals the same opportunities afforded to larger corporations. Quote end. Litchfield Park, AZ ...

Registrant has legitimate interest if domain name is descriptive of goods ...
World Trademark Review (subscription)
The purpose of the CIRA Domain Name Dispute Resolution Policy is to provide a forum to deal with situations where a '.ca' domain name has been registered in bad faith. Under the policy, there is a presumption that a domain name was registered in good ...

Blacknight Customers Stand Out With .ME Domains
PR Web (press release)
Neylon continues: “I like to remind customers that they can make their whole domain name work for them and that what comes after the dot is equally important to what comes before it. People want to use extensions that make sense for their needs and we ...

PR Web (press release)

Facebook's New Monetization Strategy – Best News for Domain Owners in Years?
Domain Name News
This is a guest post by Kevin Ohashi. Kevin is a 10 year veteran of the domain industry. He currently is working his startup, Review Signal, which transforms the opinions people share publicly on social media into a review site for consumers. It ...

Tess Diaz Formerly With Godaddy.com Joins Media Options - TheDomains.com
Bayoubuzz (subscription)
Tess Diaz, one of Go Daddy's most tenured and trusted Executive Account Managers for the past 6 1/2 years, has accepted a new Coordinator of Business Development position with the Domain Name Brokerage Firm Media Options . Media Options CEO ...

Go Daddy Removes Contact Info for Expiring Domains
TheHostingNews.com (press release)
“When they find domain names they want, they use the public Whois records to harass the current registrant into redeeming the domain name and selling it directly to the investor. Based on customer complaints, many investors participate in this practice ...

TheHostingNews.com (press release)

Experts Reveal How Small Business Owners Can Develop Their Personal Brands
Huffington Post (blog)
Develop your own website under your domain name (yourfullname.com). The website could be built on the WordPress platform and contain information about your company, your story and your thoughts related to the industry you're in. 6. Position yourself ...

Prognosticator sues, says Google, bloggers misused name
Times Herald-Record
A court hearing is scheduled for Monday to consider whether to issue a temporary restraining order and preliminary injunction against the bloggers. Celente says the bloggers, by using his name in their domain names, and his name, image and trademarks ...

Computing: Secure the Internet
Nature.com
The international Internet Engineering Task Force is adding registration information to the (already overburdened) domain name system (DNS). But websites can still be taken over. The Electronic Frontier Foundation (where C.D. is a fellow), based in San ...

Tucows Reports Continuing Strong Financial Results for Third Quarter of 2012
Sacramento Bee
Retail is primarily composed of services to individuals and small businesses, including Hover, which generates revenue from the sale of domain name registration and email, and Ting, which generates revenue from mobile phone services. Portfolio includes ...

KPMG International | France - Related-party's use of domain name requires ...
Linex Legal (press release) (registration)
November 14: A French court held that the exclusive right to use an internet domain name entails the recognition of an intangible fixed asset, for which arm's length compensation must be paid if used by a related party. The Tribunal administrative de ...

Hijacking Google Search Results With Duplicate Content
Search Engine Land
Search for 'online slots' on Google.co.uk, there are 3 domains in top 10 with Wikipedia as cached content, all being redirected to 1 particular domain. If you try to type in these URLs they all give 404 error. WTF is going on with Google these days?

Search Engine Land

CyanogenMod member goes rogue, demands $10K for domain
Geek
For reasons still not entirely clear, one member of the CyanogenMod team has taken the project's domain hostage, as well as being responsible for several under-the-table payment deals that wound up going straight into someone's pocket instead of ...

Geek

3 Ways To Increase Inbound Offers On Your Domains | Morgan Linton
By Morgan
There's nothing like selling a domain based on an inbound offer, in fact many Domainers only sell based on inbound offers and if you have the portfolio to support it this is absolutely the way to get top dollar for your names. However, there are ...
Morgan LintonMorgan Linton |...

Go Daddy Domain Auction Business Defended by Whois Blocking
According to a FAQ on Go Daddy's support page, Go Daddy will hold an expired domain name for “approximately 42 days before canceling it.” However, on the 25th day after expiration, Go Daddy puts the domain name up for auction.
theWHIR.com - Daily Web Hosting News

Be Yourself With Your Own .Me Domain and Hosting! - Blacknight Blog
By Michele Neylon
From now until November 22nd 2012 we're doing a special “combination” or “bundle” deal on .medomain names. Get a Minimus hosting plan (choice of Windows or Linux) for 12 months and you'll be able to get a .me domain name for only ...
Blacknight Blog

Blogging: The Essential Checklist to Launching Your Blog | IFB
By Jennine Jacob
Buy your domain name: Many bloggers decide to change platforms as they grow. You don't want to be stuck with a platform that doesn't meet your needs, while migrating is a minor headache, loosing traffic because you had to change your ...
IFB

Brand Beautiful: What Are the Essential Brand Assets? | SCORE ...
By Bryan Janeczko
Buy a? domain (URL) that is based on your company name or product. The URL? should ideally be easy to type, but absolutely must be easy to remember. You can register a domain name atwww.godaddy.com or www.register.com, and ...
SCORE Small Business Success Blog



expVC.com Domain Name News Archive

expVC.com on Twitter