Cybersquatting

Don’t Buy Brandable Trademark Domains!

A few days ago, I received an email from someone who is new to the domain industry who asked me for my opinion on some of his 200 domain names. He started out buying domain names in the past year, and probably has spent in the ballpark of $2,000 on his domain investments. I won’t reveal any more details about the person or his names because the details don’t really matter, but most of his names were call to action domain names involving trademarks.

In the email to me, this person mentioned Rick Schwartz’s sale of iReport.com to CNN as a reason that he registered some of the names. I replied to this person with my advice, and I think it could be beneficial to others who have similar names or have considered purchasing similar names.

“The reason Rick sold iReport.com to CNN for so much was that they had already created the brand on their site, and they needed the domain name to expand.   Rick didn’t buy ireport.com to sell it to them, or else they probably would have sued him rather than try to buy it.

As someone who worked at an ad agency for a couple of years, I can tell you that creative directors love coming up with their own ideas, and they would probably not use a slogan that someone else created.   [XYZ Company] probably has an ad agency of record and doesn’t do their own campaigns (although they approve them).

I personally stay away from all trademark related names, because they can be much more trouble than they’re worth. Some people justify buying those that make money with parking pages by making a business decision (revenue outweighs risk). That’s not my game, and I highly doubt any company will pay for a name using their TM if it doesn’t mean anything to them.

In my opinion, newly registered domain names that contain the name of a popular or well known brand are not of value and can be very risky and have little to no reward whatsoever. Many companies protect their brand names fiercely, and it’s not very likely that a company will buy worthless domain names from a cybersquatter.

While lawsuits involving trademark domain names are more rare than UDRP filings, I would say the likelihood of selling a blatant trademark name that you just registered is probably just as likely as a lawsuit.

NBA Basketball Player Seeks to Return Hundreds of Domain Names

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As I reported back in May, NBA basketball player Chris Bosh won a judgment against a cybersquatter with the help of law firm Winston and Strawn. At the time, it was reported that Bosh was able to recover the domain name ChrisBosh.com, and he also won a financial judgment of $120,000 (including legal fees and damages). The report also indicated that the cybersquatter owned hundreds of other domain names of professional athletes.

This afternoon, Winston & Strawn announced that Bosh was awarded nearly 800 of these cybersquatted domain names, and Bosh now offers their return for free to cybersquatting victims.” Athletes who want to claim the rights to their .com domain names may now do so at no cost to them. According to a note to athletes on the downloadable pdf containing the domain names, “If your name is on this list and you would like your name returned for free, contact Hadi   Teherany at Max Deal at (917) 338-7946 or Hadi@MaxDealTechnologies.com.”

Some of the domain names that were awarded include:

  • DannyFortson.com
  • NickCollison.com
  • SteveNash.com
  • RaefLafrentz.com
  • JJRedick.com
  • JamalCrawford.com
  • TrevorAriza.com
  • RodneyStuckey.com
  • CarmeloAnthony.com
  • KendrickPerkins.com

Congratulations to Winston & Strawn for securing the 800 domain names and to Chris Bosh for being willing to return them to the parties that should have the right to own them. Now if he would just forward ChrisBosh.com to his website, Chris-Bosh.com!

Time Warner / Road Runner Hijacking Tribune Company’s TVListings.com Typo?

I am sure you’ve heard about the hypocrisy of companies like Verizon, Comcast, Time Warner, and other Internet Service Providers who display an error page laden with pay per click links when a user types in a domain name that doesn’t exist. It really irks me when ISPs monetize typo domain names – even for trademarked terms, especially when some of them file UDRPs and lawsuits against companies who monetize their marks.

I was so annoyed by this practice that I opted out of the Road Runner service, so when I typo a domain name that doesn’t exist, I am suppose to be taken to an error page that says “Server Not Found.” See screenshot below of a page that doesn’t exist to see the generic error page I generally receive in Firefox (I get a similar error page with Safari, too).

Error Page

When I enter a domain name without the .com in my browser, Safari automatically enters the .com for me, and I am taken to that site if it exists or an error page similar to the one above if there is no website. With Firefox, if I enter a domain name without the .com it takes me to the website I intended, or if the page doesn’t exist, it takes me to a Google search results page. If I enter a typo domain name and there is no website, I am taken to a page that looks like the one above. I am never suppose to be taken to a Road Runner error page since I opted out of their service.

This morning, I wanted to check out television listings to see what football games would be on TV this afternoon. I was a bit lazy, so instead of entering TVListings.com, I simply entered “TVListings” into my browser, assuming I would be taken to TVListings.com, a website owned by the Tribune  Company, since Safari is suppose to add the .com for me (same thing happens in Firefox which generally takes me to the closest website). To my surprise, I was taken to a Road Runner landing page (see screenshot below and click for larger image).

TVListings

Since I have opted out of the error page service, I don’t see how it’s okay for Road Runner to take me to their landing page instead of taking me to the page I intended to visit. I know Time Warner offers cable service, which I also have, so that’s probably their motivation for doing this. However, I don’t think this is right for them to take me to a page I didn’t intend to visit. They shouldn’t have one policy for some domain names and a different policy when they have a competing website.

Melanie Oudin .com: Protecting a Brand

I frequently see cybersquatters quickly grab the .com domain names of up and coming athletes, musicians, and entertainers. Oftentimes, it happens when sports magazines announce a new class of top recruits or after a great public performance when people buy these names like lotto tickets hoping the athlete/celebrity hits it big and the name presumably becomes valuable.

Melanie Oudin is a 17 year old woman from Marietta, Georgia currently competing in the US Open tennis tournament in Flushing Queens, New York. This afternoon, Oudin won over the pro-American crowd by defeating 13th ranked Nadia Petrova from Russing in three sets, and is now one of the final 8 women competing in the tournament.

I wanted to see when someone tried to capitalize on Oudin’s success by registering the MelanieOudin.com, and I found that her father had registered it back in 2007 – a very smart move! A professional athlete is a brand, and it’s important to protect the brand as early as possible.

With Melanie Oudin’s great performance in the US Open so far, now might be a smart time to add privacy guard to prevent unwanted emails, although DomainTools has already archived the email address by now.

Use Caution With “Generic” Terms

I have found that when a domain investor owns domain names with generic terms, like NewHouses.com for example, they are generally free and clear of trademark issues, aside from when a bullying company wants the domain name and is willing to take legal action to fight for it. However, there are many terms out there that may seem like they’re generic, when in fact they are protected terms that are often vigorously defended by trademark holders.

I am not a lawyer and don’t pretend to be one, so take this with a grain of salt. However, I believe that in order to keep a trademark active, the trademark holder must protect its ownership of the mark, so that others can’t claim it’s free to use by anyone. For example, while Google loves that people are “Googling,” they need to protect that term from becoming public domain and prevent others from using it.

In fact, I read something unrelated to domain names, but backs this claim up. In reference to Bud Light’s proposed “Fan Cans” with college athletic team colors, Vince Sweeney, Vice Chancellor at University of Wisconsin said, “If you don’t protect your trademarks, you eventually lose them, so we felt it was important to at least communicate to them that we didn’t think it was an appropriate tact.

That said, there are terms being used by many people in domain sales threads that are actually protected by the owners of those trademarks. One of the most commonly used terms that I believe people don’t realize is a trademark is “Realtor,” which is a trademark of the National Association of Realtors. This organization protects the term “Realtor,” and has many rules about how the term can be used, especially when it comes to domain names and websites.

Additionally, there are terms are protected in some countries, but generic in other countries and free to use in advertising materials, including domain names.   Some of these terms include Band Aid, Yellow Pages, Kleenex, Yo Yo, Escalator, Aspirin, Thermos, and many others. There are also terms that are free to use for some types of products and services, but others are protected by brand owners who are borderline over-protective.

While some people might think it’s unreasonable to do trademark searches before buying every single domain name, it can save the domain investor from registering infringing domain names – especially when the objective is re-sale rather than development.

Last night, I received a huge list of domain names for sale, with nearly all of them containing the name of a popular brand. The owner claimed that the brand name was his last name, and that the company had never contacted him about the domain names. Perhaps it was okay for him to own the domain name, although some of the names were clearly related to the brand rather than him (they contained the brand name + product type), but they wouldn’t be okay for me to own since I have no relation to the brand name or to the brand.

It costs under $10 to buy a domain name, but if you buy a domain name that infringes upon a company’s trademark, it can cost thousands of dollars to defend, and some companies don’t care as much about the infringing domain name as they care about making an example out of the domain registrant.

Buy Potential Typos of Your Domains

Stanley SteemerWhen a company advertises in media that requires the viewer to visit the company’s website subsequent to seeing the advertisement (like television, radio, newspaper, billboards…etc), it’s important that the company own potential typo domain names. People have a short memory, especially when they are doing other things, and there is strong potential for them to type-in the wrong domain name.

In the middle of writing an article, I happened to hear a commercial for Stanley Steemer, a carpet cleaning company. Because I have been thinking about getting a 8×10 rug cleaned, I visited the website a few minutes after the commercial. When I typed in StanleySteamer.com (assuming it was “steamer” for steam cleaning), I was redirected to StanleySteemer.com, the correct domain name.

It goes without saying, but it’s smart to forward the typo to the proper address.   I have seen a few companies not do this (or own the generic name and not forward that to their brand), and I have also seen companies who don’t forward the non-www to their correct address. It’s even a smarter move by Stanley Steemer to own this obvious typo, because Google’s Keyword Tool shows a significant amount of searches. Many companies don’t think about buying the typo until it’s too late, and the company was smart to do it (although I would have recommended to spend a few dollars extra on StanlySteamer.com and StanlySteemer.com despite just a few searches for those terms).

When a visitor intends to visit a particular company and types in the domain name, this is high value traffic because the visitor knows what he wants and where to get it. Should the company not own the typo and a cybersquatter has it (in the case of a trademark typo), the company will have to pay to get this traffic forwarded via PPC link. The company will usually end up paying much more in PPC advertising than they would for the domain name.

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