Bad chess: Domainers UDRP domainers…
Now here’s a question.
I KNOW this has crossed our minds.
If a cybersquatter or what we would call a very unethical domainer, could register trademarked or typo trademarked names, whats to stop them from making a $1500 dollar bet on a six figure name?
If you think about it, whats ten grand to file some UDRPs on names and all you really need is a bad panel on at least one name?
Put this in your pipe and smoke it.
If you think it’ll never happen. Ask yourself this. Would you believe a serial killer if that person said they’ll stop killing after killing 20 people? Now would you believe the cybersquatter that regs thousands of name unethically that they’ll never cross that line and file a UDRP?
Sounds like a very bad chess game…
Any thoughts?
You have proven a point there - interesting
Comment by damir — April 28, 2008 @ 2:51 pm
I do agree with you that more and more covetous parties are going to abuse the UDRP system. It’s a politically corrupt system just sitting there waiting to be taken advantage of. However, not sure a cybersquatter would go there, as: (a) his cybersquatting may well come to light; (b) you’d have to have some sort of a genuine business with IP rights to protect.
But what I could see is ambitious lawyers making a career out of this. Fresh out of law school, ambitious, aggressive and needing clients. So, they go around informing large corporations how evil domainers are and how the UDRP can help them. A few big wins and they’d have their career made.
**John- Uggg, thats for sure. UDRPs can be lucrative for lawyers… Will they smell the blood? Lets hope their sense of smell isn’t as keen as a shark.
Comment by Jeff — April 28, 2008 @ 6:32 pm
Well, it’s not “that” easy. You still need to prove those 3 things for the UDPR and preferably to have a TM you’ve been using for a while. So someone can’t just file an udpr for 20 names
But yeah, domaining is not without risks..
**John- Naw, you’re right, it wouldn’t be easy. Now if somebody were to set up a system like the patent trolls. It could be a systematic operation after the bugs are worked out. Note: for those who are not familiar with the term, a patent troll is usually a company of lawyers that routinely file suit after suit against companies that may have a similar product that may somewhat violate the patents the trolls hold. There will always be a company that loses a ruling and wound up paying out for damages or paying for a license (all this is a rough definition). You only need one win or a few wins to make millions.
Comment by Michaeld — April 28, 2008 @ 6:59 pm
You should read the Sex.com book. It was early days but faking a trademark on sex.com and then mass mailing all the registrants of **sex** domains and demanding they forfeit the domains was a strategy used already.
Also high profile domainers have already gone after other domainers. . . . it’s not anything new.
http://domains.adrforum.com/domains/decisions/433802.htm
Comment by Anon — May 5, 2008 @ 10:33 am