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2.4 years ago on December 17, 2009

omarmaya.com

omarmaya.com

So, we've all done it. Mistyped a URL and gotten a page full of useless ads. Not until recently did I decide to check out omarmaya.com, a domain name I registered in July of 2008 which expired a year later. I had no intention of renewing this name, so I let it go, regardless of all the junk mail I received from various registrars asking me to renew it. I was a little surprised when I typed in my old domain name it returned a page full of advertisement links.

WHOISIT?

A simple lookup of the WHOIS records returns the following:

Domain Name: OMARMAYA.COM
Registrant:
Above.com Domain Privacy
8 East concourse
Beaumaris VIC 3193
AU
hostmaster@above.com
Tel. +61.395897946
Fax.

Creation date: 2009-11-30
Expiration Date: 2010-11-30

In the Corporate World

Not everyone is so understanding, apparently this has been a big issue with innovative giants Verizon, Apple, Microsoft, and Dell, among them.

Apple

In fact, the CEO of CyberBritain, Benjamin Cohen, registered itunes.co.uk a month before Apple's trademark had gone through and even turned down a monetary offer to sell the domain to Apple. Since Apple owns the trademark to iTunes, it should also have a right to the domain name, despite the trademark applicant not getting to it first, according to the ruling (CNET News).

Apple Computer has won a legal dispute to force a U.K. company it accused of cybersquatting to hand over the domain ownership for the iTunes.co.uk Web address.

Microsoft

Microsoft has also decided that any domain name reflecting any sort of similarity to a Microsoft product should belong to Microsoft, microsoftsystem.com and hotmialcom.com included (Seattle PI). Maybe this will help their Live-Search-with-a-background-picture product, Bing?

Microsoft brought 15 similar claims worldwide in the past year, allowing the company to take possession of more than 2,000 misused domain names and recover more than $1.17 million in illegal profits, Kornblum said.

Dell

Dell's main argument is that all the traffic going to the misleading sites was intended for them.

Personal computer giant Dell Inc. is pursuing a major "cybersquatting" lawsuit against several companies that buy and sell Web site addresses, alleging that the entities earned millions of dollars from Internet traffic intended for Dell and dozens of other Fortune 500 companies.

Verizon

Finally, in "the largest cybersquatting judgment ever," OnlineNIC was ordered to pay around $33.15 million for misused domains it obtained through an automated process, forging names and cocealing information (The Register).

In a default judgment this week, a federal court in Northern California ruled this week that OnlineNIC should pay $50,000 for each of the 633 domains Verizon claims were created specifically to be confused with legitimate Verizon brands.

The Law

According to the Anticybersquatting Consumer Protection Act established specifically for this purpose a famous mark cannot be used if a trademark or service mark owner decides the opposing group has obtained it in "bad faith?"

The Anticybersquatting Consumer Protection Act is a federal law that took affect on November 29, 1999. This new domain name dispute law is intended to give trademark and service mark owners legal remedies against defendants who obtain domain names "in bad faith" that are identical or confusingly similar to a trademark or service mark. If a mark is a famous mark, the same remedies are available if the domain name is identical to, confusingly similar to or dilutive of the mark.

Who's in Charge Here?

Is this ethical on either end? Should domain names be tied to legal entity names? Are the masses' domain names safe against registered corporations should they decided to take them? Is this preventing unethical groups from obtaining domains in bulk and selling them to interested organizations at an exaggerated price?

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2 Comments

Melody

United States Windows Firefox

Very interesting, there is also a site called "pimpthatsnack.com" who was brought upon a lawsuit because of the MTV show, "pimp my ride"..They ended up changing the name but these corporations don't realize the nuisance they become for small sites..

0

One could argue that they have worked their way up to the top, so they have greater say. It's a tricky issue. Thank you for being the first to contribute your thoughts, Melody.

 
Omar Maya

Omar Maya, 2.4 years ago

Mexico Windows Firefox

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