We have mentioned before that when it comes to the levels of cybersquatting trademark holders have to share the blame by creating the ecosystem for high profits for those registering bang on trademark infringing domains and allowing them to be very profitabily parked for many year before taking action
Today we see another one such case.
Bentley Motors Limited just won a UDRP on BentleyMotorCars.com which is they way they are frequently described. A Google search for the term returns a ton of results and the offical website of the company is bentleymotors.com and returns suggested searches for “Bentley motor cars prices” , “Bentley motor cars history” and “Bentley motor cars for sale” to name a few.
So the term Bentley Motor Cars is a pretty bang on domain.
The domain name was registered on August 3, 2006, and according to the company was “used in connection with a monetized parking page with automotive-related links, including links labeled, inter alia, “Used Cars”, “Buy Car”, “New Bentley” and “New Cheap Cars.”
So it took over 9 years from the time the domain was registered until the trademark holder got around to filing the UDRP
That is 9 years of traffic and profits to the Cybersquatter for a $10 annual cost.
The UDRP was not ruled on until January 2015.
Recently we wrote about Porsche who took 14 years to go after the plural of their name Porsches.com as in someone like a car collector who owns more than one Porsche.
We noticed the other day the Porsche got control of a very popular typo porcshe.com which was registered back in 2001, another 14 year old domain that certainly got a lot of traffic over the years.
We have written about Google taking 6 years to go after GoogleMap.com the singular of one of Google’s most used services which got a ton of traffic making $xx,xxx or more a year for the domain holder.
Texaco took 6 years to go after Texaco.net.
It took Walmart over 4 years to go after the domain name WalmartGrocery.com. Of course the Walmart Super Centers have a regular grocery store inside.
Speaking of Walmart it took them almost 2 years to go after Walmart.co
It took Sony over 12 years to go after SonyStore.com, and Sony has retail stores in malls including one in Boca Raton.
It took Sony over 6 years to go after the domain name SonyEntertainment.com, even though the operate a divsion of the company called the Sony Entertainment Network.
Of course these are just a handful of examples but in each case I can tell you the domain holder make a lot of money in the many years that the trademark holder sat around not taking action.
While in no way do I defend the action of these domain holders, which most would consider to be Cybersquatters, I do place a lot of the blame on the problem on the trademark holders that rewarded many of those engaged in the practice by their very slow reaction time, giving the Cybersquatters more funds to register more trademark infringing domains.
Joseph Peterson says
In some cases, the cost of bothering – even with cases of clear cybersquatting – overshadows the benefit of dealing with the culprit. Probably as much time and money is wasted paying attention to squatters as is lost by neglecting them. Extravagant brand protection sometimes leads to settlements (i.e. domain purchases), which further incentivizes squatting.
But I agree with you that big companies ought to have gone after these. They’re too spot on to be ignored.
You’ve put together a handy list of case studies for reference.