Trademark Domains: Hiding Behind Private Whois

Discussion in 'Legal Issues and Dispute' started by Ceres, Aug 12, 2009.

  1. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    3
    Trophy Points:
    0
    Location:
    Canada
    The respondents in two recent WIPO cases had hidden behind private whois services when they registered trademark domains. However, the identities of the India-based companies were revealed when the cases were brought before WIPO.

    Decision # 1: American Automobile Association won the domain AAAcarolina.com.

    Decision #2: Lancôme Parfums et Beaute & Compagnie won the domain Lancome-hk.com.

    When Lancôme sent out a cease-and-desist letter, the respondent threatened that if it didn't receive $1,408.50 USD for out-of-pocket expenses, it would stall any transfer of the domain name by filing a lawsuit in the Indian Court. When Lancôme asked for evidence of such out-of-pocket expenses, the respondent refused to provide this.

    So Lancome took it to WIPO arbitration and won the domain. ;)
     
  2. pubdomains.in

    pubdomains.in New Member

    Joined:
    Oct 1, 2008
    Messages:
    183
    Likes Received:
    0
    Trophy Points:
    0
    Location:
    Bits & Byte
    Home Page:
    wow, That is quite a small sum for out of pocket expenses, however confused about AAACarolina - tomorrow if i purchase a Deltasomething domain - who all would come after me, delta airlines, delta news delta others?

    btw AAA - is also standard for battery / and many more acronyms... funny ...
     
  3. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    3
    Trophy Points:
    0
    Location:
    Canada
    It would depend how you use the domain. For example, if your Deltasomething domain had:

    - travel-related links: Delta Airlines might come after you
    - hotel-related links: Delta Hotels might come after you
    - kitchen/bathroom related links: Delta Faucet Company might come after you

    That's true. However, in the current case, the respondent had links to websites that offered services competing with those of the American Automobile Association.
     
  4. dnpimping.com

    dnpimping.com New Member

    Joined:
    Jun 14, 2009
    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    I have always felt that people who are deliberately looking to infringe on a trademark tend to hide behind the private whois systems. Its unfortunate that they are damaging the reputation of such a viable system. These types give domainers a bad name.
     
  5. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    3
    Trophy Points:
    0
    Location:
    Canada
    I agree with the above statement, dnpimping.com.

    In order to elminate cybersquatters, people in the domain industry need to take more steps. For example, domaining forums and auction sites etc. should refuse to promote and/or sell blatant trademark domains ('blatant' being the operative word). Also, average domainers should speak out more against cybersquatting.

    IMHO, these steps will make a difference. Cybersquatters won't be able to advertise and/or sell their trademark domains as easily as they do now.
     
  6. Ceres

    Ceres New Member

    Joined:
    Mar 27, 2008
    Messages:
    2,206
    Likes Received:
    3
    Trophy Points:
    0
    Location:
    Canada
    The American Automobile Association also won the typo domain aaavactions.com (the AAA owns a trademark for AAA Vacations). It involved the same respondent as in the AAAcarolina.com case mentioned above.
     

Share This Page