Comments on: TDNAM.com Doing the TradeMark Deal Again: Up Today MyFaceBook.com http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/ Sun, 12 Feb 2012 20:38:46 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: alfred moya http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-73722 alfred moya Tue, 18 Jan 2011 14:46:00 +0000 http://www.thedomains.com/?p=2005#comment-73722 While it may not be technically illegal to sell trademark domains at auction it is highly immoral on the part of Godaddy to list any and all infringing domains and it should most certainly be illegal for them to profit off of the sale of an obvious trademark issue. In cases with generic terms they may have some room to play but on certain obvious terms it should be clear and simple. I placed a bid on a domain that unbeknown to me was a trademarked term. i requested to have my bid deleted andinstead they let me win the auction and then forcibly charged my card on file after I requested them not to. GoDaddy MADE me pay for a trademarked domain even after I clearly stated I felt as if they were forcing me to break the law. Their basic reaction was it was my fault and my problem. I agree it was my fault but it also there problem because they have in fact profited from the sale of a trademark violation. An for those who feel that owning a domain is not a trademark vviolation think again. You do not have to use a domain in order to infringe a trademark and you can be sued just for registering it. While it may not be technically illegal to sell trademark domains at auction it is highly immoral on the part of Godaddy to list any and all infringing domains and it should most certainly be illegal for them to profit off of the sale of an obvious trademark issue. In cases with generic terms they may have some room to play but on certain obvious terms it should be clear and simple. I placed a bid on a domain that unbeknown to me was a trademarked term. i requested to have my bid deleted andinstead they let me win the auction and then forcibly charged my card on file after I requested them not to. GoDaddy MADE me pay for a trademarked domain even after I clearly stated I felt as if they were forcing me to break the law. Their basic reaction was it was my fault and my problem. I agree it was my fault but it also there problem because they have in fact profited from the sale of a trademark violation. An for those who feel that owning a domain is not a trademark vviolation think again. You do not have to use a domain in order to infringe a trademark and you can be sued just for registering it.

]]> By: Tip http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11696 Tip Sat, 14 Feb 2009 17:50:39 +0000 http://www.thedomains.com/?p=2005#comment-11696 Interesting article about Facebook Trademark. http://www.allfacebook.com/2008/10/facebook-trademark-battle-emerges/#comment-19978 Interesting article about Facebook Trademark.

http://www.allfacebook.com/2008/10/facebook-trademark-battle-emerges/#comment-19978

]]> By: MHB http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11572 MHB Thu, 05 Feb 2009 17:51:59 +0000 http://www.thedomains.com/?p=2005#comment-11572 UPDATE The domain myfacebook.com sold for $10,505 On Feb 4 at Godaddy.com UPDATE

The domain myfacebook.com sold for $10,505 On Feb 4 at Godaddy.com

]]> By: Rob Sequin http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11423 Rob Sequin Wed, 28 Jan 2009 03:24:13 +0000 http://www.thedomains.com/?p=2005#comment-11423 I agree but where does it end? What if I go to Moniker and hand register DisneyWhatever.com? Is Moniker liable because they let me register the domain? Is there a difference between an auction house selling a TM violation and a registrar allowing one to be registered? Is the registrar and auction house really liable for "illegal" behavior by their customers? I think the answer to both questions are NO. Hence the disclaimer may be the only solution. I agree but where does it end?

What if I go to Moniker and hand register DisneyWhatever.com? Is Moniker liable because they let me register the domain?

Is there a difference between an auction house selling a TM violation and a registrar allowing one to be registered?

Is the registrar and auction house really liable for “illegal” behavior by their customers?

I think the answer to both questions are NO.

Hence the disclaimer may be the only solution.

]]> By: MHB http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11421 MHB Wed, 28 Jan 2009 03:15:53 +0000 http://www.thedomains.com/?p=2005#comment-11421 Rob I don't think a disclaimer is going to ultimately protect anyone who is found to have liability. However, this would have to be decided by a court one day if anyone ever raises the issue. Of course the more you engage in an activity, the bigger the risk becomes. Rob

I don’t think a disclaimer is going to ultimately protect anyone who is found to have liability.

However, this would have to be decided by a court one day if anyone ever raises the issue.

Of course the more you engage in an activity, the bigger the risk becomes.

]]> By: Rob Sequin http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11420 Rob Sequin Wed, 28 Jan 2009 02:52:56 +0000 http://www.thedomains.com/?p=2005#comment-11420 Go here and search contains disney https://auctions.godaddy.com/ Over 300 listings. Oops. Disney? How are we supposed to screen out TMs? I would guess that it is easier to post the disclaimer than to police its listings. Go here and search contains disney

https://auctions.godaddy.com/

Over 300 listings.

Oops. Disney? How are we supposed to screen out TMs?

I would guess that it is easier to post the disclaimer than to police its listings.

]]> By: Rob Sequin http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11419 Rob Sequin Wed, 28 Jan 2009 02:37:58 +0000 http://www.thedomains.com/?p=2005#comment-11419 In small print but red letters at TDNAM: "Go Daddy Auctions sellers are responsible for ensuring that offered domain names do not infringe on third-party trademarks." I guess that covers them legally? In small print but red letters at TDNAM:

“Go Daddy Auctions sellers are responsible for ensuring that offered domain names do not infringe on third-party trademarks.”

I guess that covers them legally?

]]> By: MHB http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11416 MHB Wed, 28 Jan 2009 01:53:23 +0000 http://www.thedomains.com/?p=2005#comment-11416 Guys The term has a well established trademark and the trademark is well known. By it at your own risk, but plan on having a big budget for legal fees to defend if Facebook elects not to just file a UDRP and goes to the federal court instead. Guys

The term has a well established trademark and the trademark is well known.

By it at your own risk, but plan on having a big budget for legal fees to defend if Facebook elects not to just file a UDRP and goes to the federal court instead.

]]> By: Ind http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11415 Ind Wed, 28 Jan 2009 00:03:44 +0000 http://www.thedomains.com/?p=2005#comment-11415 Domain Name: FACEBOOK.COM Registrar: TUCOWS INC. Creation Date: 29-mar-1997 Can you believe this? A cybersquatter registered facebook.com in 1997 and sold it to Zuckerberg in 2004. Seriously, if you call this one clear trademark violation, you should get rid of half of your portfolio. I love your blog but you should stop acting like a judge. Domain Name: FACEBOOK.COM
Registrar: TUCOWS INC.
Creation Date: 29-mar-1997
Can you believe this? A cybersquatter registered facebook.com in
1997 and sold it to Zuckerberg in 2004. Seriously, if you call this one clear trademark violation, you should get rid of half of your portfolio.
I love your blog but you should stop acting like a judge.

]]> By: Dave http://www.thedomains.com/2009/01/27/tdnamcom-doing-the-trademark-deal-again-up-today-myfacebookcom/comment-page-1/#comment-11414 Dave Tue, 27 Jan 2009 23:53:00 +0000 http://www.thedomains.com/?p=2005#comment-11414 A long time ago, I registered amazonwins.com; Amazon quickly wrote me and wanted to buy it @ reg fee. I didn't know any better and gave it to them. Re: Sam's comment, amazon is a pretty generic term, how does one secure these generic terms as trademarks? I guess I'm asking something that gets complicated quickly. Pretty fascinating area of intellectual property. FacebookFools.com isn't taken yet. A long time ago, I registered amazonwins.com; Amazon quickly wrote me and wanted to buy it @ reg fee. I didn’t know any better and gave it to them.

Re: Sam’s comment, amazon is a pretty generic term, how does one secure these generic terms as trademarks? I guess I’m asking something that gets complicated quickly. Pretty fascinating area of intellectual property.

FacebookFools.com isn’t taken yet.

]]>