A Uniform Rapid Suspension (URS) was filed today on the domain name Branson.Guru
This is the first URS that has been filed which in my opinion should not be granted.
The complainant is not listed but based on recent activity I’m going to assume its Richard Branson CEO of Virgin.
The problem is that there is also a city by the name of Branson, which is in Missouri, and a pretty large tourist attraction.
The official site for the city is CityofBranson.org which has grown to be a large tourist destination with plenty of theaters, shows and hotels.
The domain is not parked or otherwise in use.
The domain is still at a Godaddy placeholder but only registered a few weeks ago, so the intent of the owner of the domain cannot be determined at this point, know one knows if the registrant insteads to use the domain as having anything to do with Sir Richard, Virgin or the town which is a Geo.
All previously filed URS seemed to be slam dunk cases involving famous trademarks which is what the URS is suppose to be for, but in this case I believe the URS should be rejected.
If the URS is granted and the domain is suspended, I think its going to be a big blow for the new gTLD’s.
It could be a game changer and force registrants to get up a site in days on each new gTLD to protect the domain.
I believe it to be a very important case and its outcome will have far reaching effects if the suspension is granted .
A few years ago, Branson.com sold for $3 million to a company doing business there.
Agreed. Too many investors and developers will be afraid to touch these domains if URS starts getting abused this early, and that abuse is rewarded by rulings unfavorable to registrants.
From Wikipedia:
“Branson is a city in Stone and Taney Counties in the U.S. state of Missouri. Branson is in the Ozark Mountains. The community was named after Reuben Branson, postmaster and operator of a general store in the area in the 1880s.[9]
Branson has long been a popular destination for vacationers from Missouri and neighboring areas. The collection of entertainment theaters along 76 Country Boulevard (and to a lesser extent along Shepherd of the Hills Expressway) has increased Branson’s popularity as a tourist destination. Branson now draws visitors from all regions of the country, mostly by car or bus.
The population was 10,520 at the 2010 census. The Branson Micropolitan Statistical Area embraces Stone and Taney counties.”
And he’s not the only guy or business named Branson. Like xhttp://www.bransonsnantucket.com or http://www.bw-ps.com
It appears his ego is bigger than his bank account…………..
“Branson” is an extremely generic term when it comes to a GEO or name.
When I first saw this post I thought of the city, not Richard Branson.
According to Branson.com, nearly 8 million visitors travel to Branson every year.
Also, as far as a surname goes – BRANSON ranks # 3037 in terms of the most common surnames in America for 2000. BRANSON had 10,941 occurrences in the 2000 Census, according the U.S. government records.
Just owning this domain is clearly not in bad faith.
Brad
@ Michael Berkens, you are consistently fair to call udrps as you see them, sometimes in favor of the trademark holder, often in favor of the registrant, when the domain is generic, but I beg to differ and wonder if you won’t change your mind, when I reason with you . . .
Branson, the town, I didn’t know about. Thanx for info, @BigNewEngland. If the extension were a different generic, so that the domain was:
Branson.Ozarks
Branson.Missouri
Branson.TouristDestination
there isn’t a conflict.
But,
Branson.guru
when Richard Branson IS the brand on many of his businesses and humanitarian initiatives, and he appears in ads and has a public persona as he has, and he’s a top business man, it’s a violation.
It might be a topic for a post to suggest the meaning an extension imparts may influence the outcome of a URS or other intellectual property decision.
Branson IS looked up to for his business success, record attempts, and humanitarian efforts, a, “guru,” as it were.
Maybe, Branson.CEO, would also be violation.
Maybe you would have no issue if someone registered,
Berkens.tax
or
Berkens.guitar
because you don’t sell your tax services, or are a musician, but I think you would be right to object to:
Berkens.domains
because your name is very much associated with domains.
meaning, there are other Berkens in the world, who might be entitled to their own urls.
It’s open season on big business with the domain business in general, not just the new gTLDs. Traditional businesses who have spent decades building reputations are vulnerable to Visionaries who see how easy it is to get a piece of them in this largely unregulated industry.
Trademark law depends on use, there can be fair use of a trademarked term.
If the domain is not in use its an argument that there is a TM registration but in this case there is a matching Geo, the registration is less than a month old and this was not filed as a UDRP but as a URS which means it should only be for bang on unquestionable TM like Google .guru or Yahoo.guru pr IBM.guru not for something with multiple meanings where the intention of the registrant is unknown
That’s why I said, the extension should influence the decision. Guru implies a human with wisdom to impart, not a tourist destination. It’s an infringement.
Could it be possible the Complainant is the “City of Branson”, and not the UK entrepreneur?
Also, could not Branson.guru suggest “expertise” in all-things-in-Branson (best deals, places, must-sees) as in Everest. sherpa, or domains.sherpa?
When I see Branson.Guru, I think of someone who knows all the “in’s and out’s” in Branson, Missouri. Not once do I think it is referring to Richard Branson.
@ BigNewEngland , You’re playing with me.
That’s fine. I have to remember I’m dealing with people who thought the Amazon the online store was more deserving than Amazon the forrest for dot Amazon ccTLD!
A store allows you to shop and buy things. Trees allow you to breath. What can I say? I’m a generation who remembers when Amazon meant the mighty jungle that supplies more than 20% of the world’s oxygen, which got shrunk 18% from 1970-2013, according to wikipedia. And the same people who comment here were indignant Amazon the geo would request a stake in Amazon the extension! 😀
@Louise,
No, actually, I’m being quite serious. Branson, Missouri is a major tourist destination in the MIdwest.
Branson.Guru tells me the site is a travel-oriented site aimed at all-things relevant to Branson, Missouri.
…..”“expertise” in all-things-in-Branson (best deals, places, must-sees) as in Everest. sherpa, or domains.sherpa?”
Sherpa are the people who live in the Everest region, Ethnic Tibetans who live in Nepal. They won fame for their work in early mountaineering expeditions and the term has expanded, largely due to ignorance, but it still really refers to these people.
Would you people pick a better example of urs abuse, instead of a successful business spearheaded by a celebrity which already has four other registrations in the queue?
i learned something, okay? Maybe i would like to visit Branson. I didn’t know about it before, so no disprespect intended.
That jerk would have registered Bransonguru.com before he registered the new gTLD.
Also, i printed out the article and first few responses, and am snailmailing them to Virgin.
Based on the available facts–we don’t know how the domain will be used, there are lots of Bransons in the world, and there is also a well-known geographic locale — this is not the kind of slam-dunk, black&white, know-it-when-you-see-it case that the URS was designed for. If it isn’t tossed out by the arbitrator that will be a black-and-white abuse of the URS.
In the USA I would say Branson as the city is far more popular than the entrepreneur…
“Guru implies a human with wisdom to impart, not a tourist destination.”
There are no humans who impart wisdom in relation to travel to tourist destinations?
I thought they were called “travel agents” or “guides”.
I guess these folks can shut down right now – http://www.bransontourismcenter.com/
“Guru implies a human with wisdom to impart, not a tourist destination.”
Louise, what does this sound like to you:
“We at Branson Tourism Center offer you a heartfelt ‘Thank You!’ for choosing us to ensure that your visit to the Ozarks is all that you want it to be. The Quality and Value of your Branson experience is our only focus.
Every one of our nearly 100 dedicated staff members proudly live and work in this community. When you speak with one of our vacation planners, you are not chatting with a disinterested someone from far away. Our families dine at the same restaurants, have fun at the same attractions, and enjoy the same shows that we suggest to you and your family.
When you stop in at Branson Tourism Center, it will be a pleasure for the vacation planner who assisted you, if available, to say ‘hello.’ We look forward to the privilege of serving you. Thank you!”
I don’t think the Necker Island entrepreneur is jonesing for Branson.guru.
More than likely, The Branson Tourist Bureau or Branson Chamber of Commerce or thereabouts.
Branson.guru, Branson.sherpa, Branson.guide, Branson.insider — signify, to me, someone with expertise or skills in finding great deals, recommendations, specials, off-the-beaten track local havens & must do’s in the City of Branson, Show Me State
@accent
I’m well aware of the “word origin” of Sherpa. I traveled with Sherpas when I hiked/climbed thru the Annapurna.
Sherpa has become a metaphor for “guide” “expert” and its use, good or bad, has expanded beyond the Himalayan & Tibetan/Nepalian plateaus/summits.
sherpa.wine, sherpa.domain
Heck, I might even own appsherpa, or the like.
Thank you.
Sorry Louise, but agree with John and others on this. A guru is a spiritual guide. The only way this gTLD makes sense is that the website is a guide to the term that is left of the dot.
The market for a guide to Branson, MO — a major US tourist destination whether you know it or not — is a lot bigger than the market for guides to Richard Branson’s life and spirit.
Besides, both UDRP and URS require a finding of bad faith registration AND use — and there is no use at present for branson.guru. So the notion that this should be subject to a URS is ridiculous, which is all that Mike was trying to say in the first place.
O. No. Not. You. Too. I look up to you so much, John I found my thrill on Blueberry Hill.
Here are the top searches:
branson mo 100
richard branson 70
branson missouri 35
branson hotels 10
branson shows 10
branson weather 10
silver dollar city 5
branson airport 5
branson landing 5
springfield mo 5
@Domo Sapiens, so Branson DOES get more searches, but Richard Branson is a close 2nd!
@pscorwin, Thanx for chiming in. You said, “The only way this gTLD makes sense is that the website is a guide to the term that is left of the dot.”
But, I beg to differ. The right of the dot extension places the left of the dot keyword in a category, such as Branson.ceo, implying:
Branson is a ceo.
Branson is a guru.
That’s how I read it.
If a reputation wasn’t hard to build, easy to take down, I wouldn’t take issue. Branson, the ceo, already has four other violations he is working on.
The examples you showed me, @ John Blueberryhill, show me the field is saturated. Do you really think someone registered Branson dot guru to supply ANOTHER tourism website, when there are so many?
When BransonGuru.com is not registered? I have to respectfully disagree with all of you.
I wish you would comment that Web.com defines, “cybersquatting,” as, “obtaining the a domain name merely to attempt to sell the rights to the domain name or subdomain to some third party.”
@Lousise Is there any evidence that the registrant for Branson.guru has tried to sell it to anyone? None that is public.
Does Richard Branson even have any rights in the term “Branson”? Arguably not (and note that his other URS filings were against domains where RichrdBranson was to the left of the dot, not just Branson).
Can a map name ne trademarked? No
Again, Mike’s whole point is that a URS filing is only supposed to be for domains where you know it is infringing just by looking at it and need make no further investigation. This is clearly not such a domain.
Fine, okay. Neither Branson the filer can be guilty of abuse, nor the registrant, in your view. If the decision goes Richard Branson’s way, in case he is the filer, the abuser will be the URS forum, backed by ICANN.
ICANN, Verisign, and the major Registrars will suck up to who they need to, to be able to exploit all the rest of us.
Excuse the language.