#2. Godaddy auctions do include trademarked domains. However the infringement depends on 1). the trademark was filed in the proper category to be consider if an infringement is occuring. For example if a trademark was filed under “print” then someone in a newspaper would have to show credit but on the internet they would not. This is why a trademark holder usually files in multiple categories. 2.) If the holder files in the internet category, category 42, a infringement is only possible if the abuser is using the trademark in a confusing manner or manner in which there is no clear benefit. For example you could use http://www.microsftsucks.com and sell linux software on the site. As long as you could prove that you are using the site in a actual way. If you registered microsofty.com and just had a parked domain with ads all over it, then microsoft could ask you to take the domain down because it causes confusion and the intent is to profit only from the use of a trademarked name.

The true problem arises if say microsoft had no domain name and someone had squatted on http://www.microsoft.com(The domain spelling must be the exact same) if they where actually using the domain in a true manner(selling flowers or something), then it would be a possible victory to the domain holder but not necessarily, they just have a better chance of keeping the domain. Maybe a 50/50 shot versus a 5% shot at best with the other issues.

I can say whatever I want about CNN as long as it’s truthful, and a domain name is just another vehicle for it.

It only violates trademark law if I pretend to be CNN and there’s a risk of confusion. So it’s really the content of the site that determines the issue. If I’m blogging about CNN, then the domain name I choose is just an extension of the blog.

I think this cyber squatting thing should only extend to the precise trademark name.

Let’s take this example… CNNWatchdog.com … dutifully gathers legions of readers every year. In 50 years they have five million readers. The site is for people who want to keep CNN honest. For all intents and purposes this site could be MORE profitable than CNN in fifty years… CNNWatchdog.com is a completely new business in my mind. Nobody mistakes it for CNN because they make it very clear on the website that they are not affiliated with CNN.

The web is a new kind of economy and the laws have to reflect that. It’s an information economy. If I have the foresight to see that there are more people who want to police CNN than CNN viewers, I should have the right to build that business.

So I say there’s no way to to tell if CNN’s trademark has been violated until the content is actually posted. No risk of confusion, no problem.

The second problem with your reasoning is trademark law itself. It’s industry specific. I can launch a company called CNNDogWashing as long as CNN doesn’t already have a product in that industry. So this broad-sweeping view you have of the problem doesn’t address many of the nuances of the law. It’s really a case by case thing. While you chose a good example, you go to far with your reasoning.

The law is pretty simple: if there’s risk of confusion in a specific industry, it violates the law. That means MOST domain names containing CNN don’t violate the law (unless the website uses their colors & logo etc).

Also keep in mind that most domains extensions are global. .com. .TV. There are probably companies with the acronym CNN in other countries, for example. If CNN hasn’t trademarked the name in that country, tough luck. They don’t own the universe.

I say this because I have seen GoDaddy reverse course and take positive action when similar problems were brought to their attention. Not to mention iReit’s hard-earned lesson was a message to all.

If anything, GoDaddy need much better screening of tdnam listings. Probably automated (and a human) screening domains before they make it to the auction site.

Quite true, my apologies for not checking up on that before posting. I could have sworn it was eventually transferred away in the end. I suppose I “misremembered”. Again my apologies.

To err is human, Jeremy. To forgive, divine!

David : not really , it took me about 10 seconds to do a search for “foxspor” at Sedo, just do a search for any large TM…

foxspors.com Make Offer – 45,148
foxsporst.com Make Offer – 16,289
foxsportstv.com Make Offer – 255
foxspor.com.ar Make Offer – 227
foxsportsnfl.com Make Offer – 47
foxsportr.com Make Offer – 32

This one it’s an eyeopener :

google.cm
23 offers
1/2Million vists per month.

And they don’t know it?

Quite true, my apologies for not checking up on that before posting. I could have sworn it was eventually transferred away in the end. I suppose I “misremembered”. Again my apologies.