Just checking out the most active auctions over at TDNAM and I see as the second most active domain MyFaceBook.com.
With over 8 days to go the domain is already at $1,605.
Not surprisingly, the domain has monster traffic.
According to TDNAM the domain has over 84,000 monthly visitors and compete.com has it doing over 20,000 visitors.
A clear trademark violation that can only bring more heat on the industry, the auction should be stopped by Godaddy rather than allowed to sell for a big number.
Once again by taking in the proceeds of this auction and sticking it in their pocket, Godaddy is indirectly, but certainly getting paid for the traffic from a trademarked domain.
Then what do we make of websites such as AllFacebook.com? Seems like perfectly legit use for it, but is that too a violation? I think people are getting mixed messages sometimes (abusive uses of domains aside).
Godaddy is making domainers look bad as well by selling these. I really wish they would stop.
They supposedly came clean and stopped warehousing domains at Standard Tactics, so why can they at least zap obvious TM domains from the auctions?
It’s dirty business to sell those.
.
Common practice for Ebay, but at this high of an auction, it’s surprising.
Facebook is a generic term. A face book is a book of pictures that models carry that contains mostly head shots. It is you who is doing the domain community a disservice by saying myfacebook.com is a trademark domain. It is as stupid as saying myhouse.com should belong to the people who own house.com
Here is another definition of facebook, which was not invented by the s0ftware theif Mark Zuckerberg.
Main Entry: facebook1
Part of Speech: n
Definition: a publication for an organization, such as a school or business, which helps members identify each other; also, an online version of this, with profiles including a picture, name, birthdate, interests, etc.
Example: checked out her facebook profile
Etymology: 2004
I hope you correct your post ASAP. Just because you didn’t here of the term facebook before the popular site facebook.com, doesn’t mean it is not a generic term. As I said before you are doing harm to the domain industry by suggesting that anyone who brands a generic term can go after related generic domains.
I agree with SAM Facebook was around long before Facebook.com. Wait you guys defend Schilling owning Chilibeans yet he had ads for Sunglasses which is what the company who went after him sold. Domaining the most hypocritical industry in the history of the universe. Domaining makes Porn look Regal what a joke.
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.
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.
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.
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?
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.
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.
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.
UPDATE
The domain myfacebook.com sold for $10,505 On Feb 4 at Godaddy.com
Interesting article about Facebook Trademark.
http://www.allfacebook.com/2008/10/facebook-trademark-battle-emerges/#comment-19978
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.