Cybersquatting

Facebook Files Lanham Act Lawsuit

Facebook.Facebook has filed a major Lanham Act lawsuit against alleged cybersquatters (typosquatters)  and websites/companies it believes are infringing on the company’s trademarks or branding. The entire filing can be followed directly on the Justia website. You can read a pdf copy of the lawsuit here.

Defendants  named in this lawsuit include the following:

Cyber2Media, Inc., Daniel Negari, Cleanser Products, Counter Balance Enterprises Ltd., FB Promotions/Freebie Promos, Mackrooner Ltd. Inc., Newgate Services Ltd., Pioneer Enterprises Ltd., Rabbit Gogo Media LLC, SMTM Enterprises Ltd., YourTick, Zilt, Jacob Daniels, Jerry Hui, Ryan Johnson, Eric Jordan, Karrie-Lee Karreman, June Kimchi, Tim Meyers, Ankit Pandey, S. Pace, Elise Petri, Mark Risi, John Souza and Michael Suggs.

Prior to the lawsuit, Facebook used the UDRP system to recover domain names from companies that used its trademark in domain names. The company was previously awarded domain names like Facebok.com, Facebook.me, Facebook.ie, as well as a number of FB domain names owned by Domain Asset Holdings.

Some of the domain names that are referenced in the lawsuit are:

facebobk.com
facemook.com
wwwfacefook.com
ffacebook.com
facetook.com
wwwfacebookde.com
fbacebook.com
facebool.info
faecbook.com
facebooki.com

Bill Hartzer also has information about the lawsuit.

Thanks to  Dan Cera for uncovering this and sharing information about it.

Steer Clear of Rolex Domain Names

I noticed a number of Rolex related domain names up for auction at NameJet today and several have bids. If you are contemplating a bid on any of these names, I want to share a story which will hopefully dissuade you from backordering one or more names.

When I first started buying and selling domain names, I saw a number of trademark terms for sale on Ebay that looked like they had bids and were selling. I thought it would be a great idea to hand register some product domain names related to famous brands to sell to licensed retailers or possibly the company. Mind you, this was around 2003-04, so the concept of selling exact trademark .com names had already been tried and I was late to the “party.”

Long story short, I hand registered a couple of Rolex related domain names. Shortly after the fact, I received an email from the general counsel of Rolex asking or demanding that I turn over the Rolex domain names. Fortunately, I was too scared to ask for any compensation since that likely would have ended badly, and I gave the domain names to the company immediately since there was no doubt that the names infringed on the brand.

The moral of this share is that Rolex seems to vigorously protect its brand, and you might want to think twice before bidding $59+ on a Rolex related domain name. It could get you a UDRP, but it could also land you a lawsuit, depending on the mood of the company and its lawyers.    

Verizon Gets VerizoniPhone.com

Earlier this morning, TechCrunch reported that Apple was able to acquire the iPhone4.com domain name. The news was based on an earlier  Fusible report, although details of the deal weren’t disclosed, so it’s unknown if Apple paid for the domain name or used its legal options to secure it.

In somewhat related but different news, Verizon has finally been able to take possession of (or less likely to acquire) VerizoniPhone.com, arguably the best iPhone name for the company’s needs. I had previously reported that it appeared someone unrelated to either Verizon or Apple owned the domain name. At the time of my last article, the domain name did not resolve to the standard GoDaddy coming soon page with PPC links, so GoDaddy probably opted to not take on any risk of monetizing it.

According to my research, it appears the domain name was transferred to Verizon at some point at the end of June. I would imagine that Verizon did not purchase this domain name, since the company is known to  vehemently  protect its brand. The company has filed plenty of cybersquatting lawsuits (with a potential $100,000 penalty), and it has also filed a number of UDRPs.

Verizon Wireless is now forwarding traffic from the domain name to its iPhone lander.

Speculating on JetBlue Arena Sponsorships

I was watching the Bruins vs. Canucks NHL finals game at the Boston (TD) Garden the other night when I saw a large JetBlue arena sign. The following day, I watched the NBA finals where the Dallas Mavericks play at American Airlines Center and the Miami Heat play at American Airlines Arena.

It got me thinking that JetBlue doesn’t have a stadium or arena naming deal, and I was curious to see if anyone had bought domain names related to a potential sponsorship of this nature, despite there being no rumors about it that I could find. Sure enough, the most likely names are already registered.

Here are a few speculative JetBlue domain registrations I found:

None of these domain names appear to be owned by Jet Blue Airways, although I couldn’t say whether the owners are related to the airline in any way.  I find it a bit strange that people would speculate on names like these because if JetBlue does purchase naming rights for a stadium/arena, they would likely file a UDRP or lawsuit to get the domain names, citing trademark infringement.

I am on vacation for a few days, so comments may not be posted as quickly as usual. I will approve them when I get a chance.

In any case, it’s my opinion that buying names like these without permission from the company is a losing situation and not worth the legal headache that it may bring.

It’s Not Just Domain Investors That Own Trademark Domain Names

Domain investors often bear the brunt of trademark interests when it comes to typosquatting and cybersquatting. In my opinion, domain investors are blamed for far more than their fair share of cybersquatting. There are plenty of companies that own trademark domain names, and they would not be considered domain investors.

When I got up to have some breakfast, my refrigerator didn’t seem to work. The freezer was functioning perfectly, but the light was out in the refrigerator and it was warm. Not only was I frustrated with the fact that I would have to throw out all of the spoiled food, but I know refrigerator parts and repairs are expensive.

The first thing I did was hit up Google and search for “sub zero repair nyc.” I found a few promising repair companies, several of which were advertising via Adwords. There are sites like speedysubzerorepair.com, subzerotechs.com, subzerorepair.biz, and even subzerorepair.CO.

Not sure about who to trust and call, I contacted Sub Zero. They told me “there are only two Factory Certified Service companies in the New York City area.”  I imagine the other companies that are advertising are capable of doing repairs and are probably licensed by someone, but the company rep told me only two companies in NYC were certified by Sub Zero.

I have no idea if those companies that use SZ marks are related in any way to the two certified repair companies, but based on the price difference between the companies, I don’t believe they are related. However, they are still using the Sub Zero trademark in domain names, which makes them look more “official.”

Domain investors often bear the brunt of TM-related cybersquatting, but in reality, this isn’t limited to domain investors.

Will Zynga Move Forward Without GagaVille.com?

Gagaville.comOnline game company Zynga and pop singer Lady Gaga recently announced a unique partnership called Gagaville. According to CNN, GagaVille is “a uniquely designed neighboring farm to FarmVille, that sports unicorns and crystals,” with FarmVille being one of Zynga’s best known games.

Unfortunately for Zynga and Lady Gaga, it appears that someone else preempted them by registering GagaVille.com in December of 2009. The domain name was actually first registered in 2007, but it appears to have expired and then re-registered by the current owner. At present, the GagaVille.com domain name forwards to http://ledthings.com/gaga.

At present, Zynga is using Zynga.com/ladygaga for the launch page, but judging by its other domain registrations like Rewardville.com and CityVille.com, the company will likely want to own GagaVille.com.

Based on the facts that GagaVille.com is a forward rather than a separately developed website, and the owner appears to be a big Lady Gaga fan, as evidenced by his excitement over meeting Lady Gaga, perhaps a deal can be struck between both parties. I would not be surprised to see Zynga acquire GagaVille.com prior to launch.

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