27 June 2013

Film Academy vs GoDaddy Parking Progam

Think you can buy a domain name that infringes a trademark and just "park it?" Now a case nearing trial asserts claims against the operator of the "parking program"--

Film Academy Nears Trial Against GoDaddy Over 'Oscars' Trademarks: "In a first-of-its-kind cybersquatting lawsuit, GoDaddy is denied safe harbor protection for allowing customers to collect money after "parking" domains like academyawardz.com. The Academy of Motion Picture Arts and Sciences is on the verge of a big showdown against GoDaddy. AMPAS, most famous for its annual Oscars awards ceremony, is suing GoDaddy under the Anticybersquatting Consumer Protection Act, alleging that the domain registrar giant traffics in unauthorized trademarks. Specifically in dispute is GoDaddy's "CashParking" program that allows customers to buy a domain like Oscarbets.com or Oscarsornot.com, "park" that page and collect a portion of revenue from GoDaddy's advertising partners on a pay-per-click basis." (read more at first link above)

"The safe harbor provision simply does not apply to conduct, like operating the Parked Pages Program, that goes beyond mere registration and maintenance,” Judge Collins wrote. “Furthermore, a registrar’s mere bad faith intent to profit—as opposed to actual profit—is sufficient to disqualify it from safe harbor protection." Full ruling here.

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