Legal News

Companies Monitor Your Comments

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Subscribe to Elliot's BlogI read Andrew’s post regarding the ISO.mobi WIPO decision and I think people who post domain sales or commentary in public forums, domain blogs or other public venues should take notice. While many people think big companies won’t notice what is said about them in small niche forums, almost all companies closely monitor their trademarks and intellectual property online.

Any time someone mentions something about a company in a public venue, their post or site will probably be seen by that company, triggered by certain keywords or acronyms.   Not only is it a way for people to ensure a blog post or article is viewed by the intended audience, but it’s also a way to attract unwanted attention. This pertains to people who are utilizing their First Amendment right to give their opinion about a company, and it also pertains to people who are selling trademark-related domain names or potentially infringing domain names.

In addition to this, people should also realize that it’s pretty simple for a company to track a person’s online presence. A simple DomainTools registrant report will show many of the publicly maintained domain names owned by a person. A company could then search Google for these domain names, and if they find one that the person listed on a domain forum at any point, the company now knows that person’s nickname. If they are investigating a TM domain name, they can search that person’s posting history on the forum to see if that person has ever listed a TM domain for sale. If this person has, they can claim that the person has a history of cybersquatting.   It can be as easy as that.

When I started at AIG just after the Spitzer investigation, people were always cautious about sending emails, which can easily be tracked back to the sender and remain a perpetual paper trail.   The saying was that if you would be embarrassed to see an email you sent posted on the cover of the New York Times, you shouldn’t send it. Likewise, you should be cautious about what you post in public or private forums. Everything can be tracked back to you and will be used against you.

Kentucky Judge: Domain Seizure Case Can Proceed

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Subscribe to Elliot's BlogAccording to Fox 17 in Nashville, Tennessee, the presiding judge ruling on the state of Kentucky’s seizure of 141 gambling-related domain names has refused to dismiss the lawsuit. The judge said that he will hear arguments a month from tomorrow – November 17th – before deciding whether or not to give control of the 141 domain names to the government of the state of Kentucky.

Kentucky Domain Seizure: Ruling Delayed Until 10/16

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Subscribe to Elliot's BlogAccording to a post on Poker News Daily, the eagerly anticipated ruling on the fate of 141 gambling domain names that were seized by the state of Kentucky has been delayed until tomorrow. The delayed ruling was attributed to a computer glitch in the presiding judge’s office. This ruling could be impactful to other domain owners – not just the owners of these 141 domain names or even to owners of other gambling domain names. In one way or other, this ruling could have an impact on any domain owner.
At the hearing last week, domain owners were well represented by the Internet Commerce Association.

Domain Legal Advice

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Subscribe to Elliot's Blog“I’m not a doctor, but I did stay at a Holiday Inn Express last night.” I admit it, I still get a kick out of those commercials. Even when they aren’t on television, I am reminded of them when I visit the legal section of some domain forums. Not only do many people ask some serious legal questions, but I’ve seen some misinformed answers. For people who rely on the advice of non-lawyers, I think you really need to take the answers with a grain of salt.
Don’t get me wrong – there are many smart people who want to help out and give advice to a legal question, especially when a large company threatens a small company who has rights to a domain name. However, unless the question is answered by an attorney who specializes in IP law, and more specificially, has experience in domain-related matters, I think those who are watching the answers need to be cautious.
Although I try to give a conservative opinion when pressed, I really try to advise people to seek the opinion of an attorney when it comes to domain legal matters. Even a response that may seem benign could cause damage to a person’s case or legal standing. While there are always obvious answers, it’s best to turn to a lawyer for legal advice.
Since I’ve been asked this question many times, here are a few lawyers who I’ve met and/or worked with in the past for various legal matters:
John Berryhill
Brett Lewis
Ari Goldberger
Stevan Lieberman
Steve Sturgeon
Howard Neu#mce_temp_url#

Will Newly Passed Legislation Impact Domain Owners?

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Subscribe to Elliot's BlogI don’t have a legal background, but I was just sent a link to some legislation that was just passed by US Senate.   The Act, known as the “Prioritizing Resources and Organization for Intellectual Property Act of 2008” creates a Cabinet-level position called the Intellectual Property Enforcement Coordinator.
Recently, some companies have gone after trademark domain names by citing violations of copyright acts in lieu of the Lanham Act, which specifically covers domain names.   This Act will allow the US Justice Department to file lawsuits against people who violate copyrights on behalf of the copyright holders.   Could this could be dangerous for domain owners whose names could potentially be considered copyright violations?

HUGE Domain Deal in the Works

Subscribe to Elliot's BlogWhen you see that a HUGE domain deal is going to take place in the near future, who is the first person you think of that made the deal?   If you guessed Rick Schwartz, you would be correct.
Lightning doesn’t strike the same place twice, unless there’s a reason for it.   While some people have said that Rick Schwartz is “lucky,” I would strongly disagree.   Rick saw the potential in domain names many years ago, scoffed at selling most over the past few years, and has recently cashed in, while retaining some of his best names. Not only did Schwartz recently work out huge deals for iReport.com and Property.com (and RoomDividers.com last week), another deal is in the works that in Rick’s terms, “will blow the doors off the industry at the darkest time…..AGAIN!”
While the domain name in discussion hasn’t been publicly revealed yet, the deal is going to make headlines for Schwartz again – and for his friend Kevin who had a hand in the Property.com deal as well. While I won’t publicly congratulate Rick for this until the deal is done, I will say that from this and my own personal experience, it appears more end users are beginning to understand why they should own category defining generic domain names, and many are paying big bucks to get them.

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