Comments on: WIPO Takes 13 Year Old Domain Sporto.com: Saying “UDRP Does Not Operate On A Strict Doctrine of Precedent

By: Article Marketing Strategies That You Can Use | Internet Marketing Training

Article Marketing Strategies That You Can Use | Internet Marketing Training — Sun, 07 Mar 2010 22:57:25 +0000

[...] WIPO Takes 13 Year Old Domain Sporto.com: Saying “UDRP Does Not Operate On A Strict Doctrine o… [...]

By: Cartoonz

Cartoonz — Sun, 07 Mar 2010 02:15:14 +0000

actually, following that line of reasoning, a TM that was applied for years after a domain would be able to take the domain in a UDRP proceeding even if it was NOT “being used” in an infringing manner. That is the scary thing…

Registration cannot equate to Renewal. Yet more complete bullshit from UDRP panelists.

By: howard Neu

howard Neu — Sat, 06 Mar 2010 20:35:26 +0000

Mike

That’s certainly worth considering on the better traffic domains.

By: MHB

MHB — Sat, 06 Mar 2010 15:08:47 +0000

Howard

Following that line of reasoning there is safety in renewing domain, at least the most valuable ones for say 10 years at a time rather than annually

By: small domainer

small domainer — Sat, 06 Mar 2010 14:21:25 +0000

Does that mean when I pay my annual property tax, I give up my rights if my property is grandfathered for some new zoning or construction requirements?

By: howard Neu

howard Neu — Sat, 06 Mar 2010 14:08:42 +0000

The bottom line on this as I see it is that even if you have a domain that was registered originally before any trademark, but use it in later years to intentionally trade off of that trademark , you are going to lose it because your re-registration (renewal) acts as the trigger that WIPO will use to take it away.

By: FX

FX — Sat, 06 Mar 2010 02:00:58 +0000

“the word AND and interpreted it to mean OR”

That is the official NEW WIPO policy. Not an accident. This is something WIPO is forcing its panelists to follow. In short the rule is simple, if you want to remain a panelist, you must follow this new rule.

.. i wish i was making this shit up

By: Chip

Chip — Fri, 05 Mar 2010 23:11:55 +0000

Yikes. Everytime you park a domain you are rolling the dice on a TM violation. At this point I don’t think anyone can predict what a panel will say in terms of bad faith registration or legitimate business interest. Domain owners need to think of their domains as assets and protect them as such.

Cybersquatting is too hot an issue and universally reviled so that any gray areas are swept up in it. That is just the way it is.

The sad part is that the WIPO/UDRP process and case history is so disconnected to consistancy, that courts may end up invalidating it as an arbitration process all together.

By: rjb

rjb — Fri, 05 Mar 2010 22:20:26 +0000

Geez, don’t use your domain to promote a product of the exact name, even if the product comes out after you registered the domain. You’d think that would be common sense. So I take it sporto.com was being forwarded via an affiliate link to Planet Shoes? Really not smart.

By: [EN] WIPO Takes 13 Year Old Domain Sporto.com

[EN] WIPO Takes 13 Year Old Domain Sporto.com — Fri, 05 Mar 2010 21:36:44 +0000

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