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Hi all,.

I have my eye on a very big brand domain which is a trademark worldwide.

Let me say that the domain is available in the extension .xyz.

That company has set up a page available to people of this country on their .com domain....

Meaning they have www.famousbrand.com/xyz/.

Can I register this domain...If yes what is the worst that can happen...can I be jailed...Can I be sued for money ?

I live in australia..

Comments (23)

Different laws apply in different regoins for example in the US the maximum penalty for cyber squatting is a maximum fine of $100,000 for each infringement and in Europe you could get a couple of years in prison.

At the least you would lose the domain name either voluntarily or via a UDRP...

Comment #1

This has been posted recently (top of this thread I think). http://www.youtube.com/watch?v=oGyJx_9iSO4..

Comment #2

No am serious just yesterday google.ki was available....Though it is not google..

Comment #3

1. Stay clear of TM names. Not a good way to start business anyway.

2. Stay away from exotic extensions. You won't get a lot of traffic (type-in)... waste of money but possible trouble..

Comment #4

Read my sig... penalties have been posted many times. It can be more trouble than it is worth...

Comment #5

There are some precedents? I can only find informations about Zuccarini, but it involves pornography affiliates in children typos.

I can't find examples of people fined only for parking, can anybody help?..

Comment #6

I personally do not know of any precedents that have been set but they are the potential penalties that can be given out. If you are thinking of breaking the law you should be aware of what could happen not what usually happens. There is always the chance that you would be made an example of...

Comment #7

I see you are based in Germany. Here is an interesting article: http://www.jurpc.de/rechtspr/20000228.htm.

Summary: Just to clarify, parking domains is legitimate as long as you avoid names with TM issues...

Comment #8

Thanks, very useful text, but another extrem case (the man buyed TMs names (not typo) and tried to sell them to TM owners).

-.

My problem is understanding about names with type-in traffic maybe related to some tm domains.

Example: someting like ooggle/gogol/goglo, has ever been fined?.

Looking sales by sedo/pool, why people spend high $xxxx in tm typos?..

Comment #9

Also the fact that a domain may be a typo of a government site...what do you think then ?

I could own a typo of a polish government and be living in australia ? are there any laws governing that..

Comment #10

No offense, but have you tried honest domaining of generics instead of trying to find ways you earn money using popluar names which you have no rights? Seems you are looking for loopholes to ride the coattails of famous names...

Comment #11

@DNQuest: we are speaking about legal issues, I don't see a reason to ignore tm typo issues. Generic domain grabbing is surely a safer way to earn money, I prefer the word "safe" much more than "honest" about domain parking, as imho a world without it would not be worse, but it's not the place to speak about ethics.

What I see is: tm typo can be fined high $xxxx, but people spend low $xxxx to buy them, are them crazy? or there is something I don't know?.

I assume there is something I don't know...

Comment #12

A tm typo can be fined more than $xxxx they can be fined $1,000,000 if found to be cybersquatting. The reason people do it is because in the past there has been little risk but a high return rate if done correctly.

Most companies will simply take the matter to a UDRP and leave it with that (which cannot give out penalties other than losing the domain).

Do it enough and eventually someone will call your bluff and more companies are getting fed up of sending out C&D's and going through a UDRP so more and more will now take the matter further. And to be honest they are right in doing so, why should a company have to go through a potentially expensive UDRP regularly only to be awarded the domain when they have potentially lost a lot of money. They quite rightly now want recompense for their losses...

Comment #13

Okapi: just to clarify a typo of a TM name is still a TM infringement..

A typo could be legitimate, for example if you stick to generic (non-TM) keywords. Also, some companies register typos of their own names to tap traffic...

Why do people buy TM names ? Simply to make money. But it's not without risks. Personally I would not encourage this. For one thing it gives our industry a bad rep. And you could get more trouble than it's worth...

Comment #14

Sdsinc, peter, dnquest: we all agree that generics are better, i'm not a evil demon buying domains just for the money, I do believe in the cause.

I got a domain, maybe total misspell of a tm, with another extension, only 2 characters in common (tm is 8 chars long, my domain just 6 chars long), but I think that the type-in traffic it's due to that tm. People going in it are not very smart and they click almost every link they see.

I sleep good with it, but I wonder about the line between typo and not typo drawed by tribunals.

Typo is a typo because it's a typing error or because some fool goes there each day? can 2 right and 6 wrong typing strokes domain name (with other extension too) be fined as a typo?.

When I taste some domains, I find very funny sorts of misspells and I always think:.

As a rule I try to avoid tm typos, adult, unethic, vulgar, religious and all domains that my mom dislikes, but i'd like to understand what is safe and what is not...

Comment #15

By all means domains can be very similar but not be considered a type. I personally would not view a domain that only had 2 chars out of 8 as a typo. What makes you think the traffic comes from typo's?..

Comment #16

The links that are on the name can also help a court decide between a tm typo and a generic sometimes domainers make it an easy decision with links to the obvious tm holder..

Comment #17

When it's parked at namedrive I see what they type in the search box, I suppose the people there are people who aren't familiar with internet and they have no idea about other languages and extensions. the relation between the 2 names can be seen using some diachonic glottology notions and observing retards...

Comment #18

It's not always easy to draw the line, of course the most obvious typos like 'microsofft' will get you in trouble. For the less obvious names it all boils down to whether it can be considered as confusingly similar to some TM. It's not only a question of law but common sense too..

As Fatter said TM infringement can be established by usage so you need to be careful when parking the name for example...

Comment #19

Of course I am a honest domainer but I do not see any reason not to buy a typo when I see it not being used and has potential...

That my friend is what we call the game...

If we all were honest you would never know who bill gates/microsoft is nor would you have a version of a operating system to domain with...

Everything is fair in domaining and business.

Also my question is more about consequences and not implying that I own a few domains like that or want to !..

Comment #20

Okapi, answer me this one question:.

Is this guy "crazy" - http://video.google.com/videoplay?do...05975041949690.

Now, he spent thousands of dollars to do that.

Let us know when you plan on doing the same thing...

Comment #21

I think you probably are the only one here to know very well the line between typo and not typo drawed by precedents, assuming there's only the page parked with no ads relative to that tm or other obvious bad faith behaviours.

Ok, in my life all lawyers I met were a kind of plato's euthyphron, I don't ever hope a clear explanation, but your traffic video was great to tell us about theorical typosquatting risk, I hope to see one explaining what was and what was not considered as a typo by courts...

Comment #22

Essentially, you're looking for maybe some kind of "formulaic" answer. There isn't.

And won't necessarily be any.

What makes this maybe more complex is no one is compelled to adopt a decision.

Of a similar dispute. Even if a judge in Virginia decides how a maybe no-brainer.

Case should be, there's nothing requiring a judge in another state or outside the.

US to decide theirs in the same manner.

At the end of the day, it boils down to why you're doing something. More so if.

You think it's worth the risk.

BTW, evilopinions, the thread below can give you a few ideas: http://www.namepros.com/legal-issues...bi-domain.html..

Comment #23


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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