Comments

1. Domo Sapiens says

   July 5, 2013 at 8:42 am

   I wonder what’s going to happen when hundreds of open New gTLDs come out …?

   Whoa!

2. Alan says

   July 5, 2013 at 12:57 pm

   @Also consider registrants are from all over the world and a ton of the registrations are under privacy.

   Surely there must be some type of technology to find out who registered them.

3. Louise says

   July 5, 2013 at 2:45 pm

   Registrars practice No Liability economics, because they could flag those trademark domains, just like Estibot does

   exact trademark issue with GOOGLE on the term ‘google glass bbs’ – Probability: 100.0% – Risk: 10/10

   but it would likely cut into their profits to lose those registrations.

   That’s why ACADEMY OF MOTION PICTURES ARTSAND SCIENCES v. GODADDY.COM, INC. [Case 2:10-cv-03738-ABC-CW] is an interesting case, because

   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

   – hollywoodreporter.com/thr-esq/film-academy-nears-trial-godaddy-574495

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

   Beautiful reasoning from Judge Audrey Collins. Go get ’em, Academy Awards!

4. unknowndomainer says

   July 5, 2013 at 6:20 pm

   I know of a financial firm that sets aside over $10m + for domain management annually.

   A registrar cannot determine fair usage when a name is registered so the mere presence of a TM in the name is irrelevant. The issue with GoDaddy and the Academy, as I am aware, is not faulting the company as a registrar but with its Cash Parking business. This makes much more sense as now there are additional factors that can be considered:

   Domain Name

   The Usage – It is parked (which still might be bona fide business however unlikely with a fresh registration)

   Relevant Ads Displayed

   Parking has always been a dangerous game for domains due to potential loss but this could potentially make it worse through significant fines to the PARKING company. I’m not sure Bodis, Voodoo, etc. could be sustainable after a few $100K lawsuits.

5. Louise says

   July 5, 2013 at 7:57 pm

   Parking has always been a dangerous game for domains due to potential loss

   Individual domain investors are always liable – what about the Registrar, that immediately points a new registration to its parking, seeking revenue to the tune of $1000’s daily? Why should the Registrar not be liable?

6. unknowndomainer says

   July 6, 2013 at 1:47 am

   “Why should the Registrar not be liable?”

   The registrar should not be held liable as a registrar.
   The registrar might arguably be held liable as a parking company.

   However, the way it would be structured would be to let it be known in the terms and conditions that parking is the default and with a clause holding them not liable. This would force registrants to actually read the terms and condition and opt out which wouldn’t happen.

   The reality is that the registrant is ultimately responsible for the usage of the domain they have registered while they have control of it. To try and push blame up the chain seems like typical legal procedures to hit the deeper pockets.

7. Michael Berkens says

   July 6, 2013 at 9:01 am

   There is a case we have been following involving the Academy Awards (Oscars) that is suing and Godaddy and it soon headed to trial so we will see

   You can read more about that

   http://www.hollywoodreporter.com/thr-esq/godaddy-alleges-oscars-arent-famous-432663

8. Louise says

   July 6, 2013 at 1:44 pm

   To try and push blame up the chain seems like typical legal procedures to hit the deeper pockets.

   It evolved that Registrars profit over other’s intellectual property, their hand regs, without necessarily the registrant’s knowledge, by pointing immediately to a parked page. Not only does the Registrar profit, but it can see what kind of traffic the hand reg receives, and assess its value . . . As the judge points out in the recent ruling whereby Godaddy keeps seeking to have the case dismissed, Godaddy shouldn’t be granted safe harbor, because pointing to a parked page with intent to profit is outside the scope of a mere registration.

   @ MHB, from the June 25th Hollywood Reporter article, hollywoodreporter.com/thr-esq/film-academy-nears-trial-godaddy-574495 , it seems the latest update is June 21st the Judge ruled Godaddy doesn’t receive safe harbor, in Godaddy’s latest attempt to get the case dismissed.

9. Louise says

   July 6, 2013 at 3:19 pm

   We’ll look forward to news on theDomains as the case pushes forward. Registrars getting into the domain business is anti-competitive, IMO. I’m done with the TaxElitism hat for now. I am going to put a new hat to post a headline in the 3D thread.