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TheDomains.com

The Highest Court In The EU Says Its OK For Google To Sell Trademarked Keywords

September 22, 2009 by Michael Berkens

The European Union highest court, The European Court of Justice, issued an "interim legal opinion" that Google does not infringed on trademark holders rights, by allowing advertisers to buy keywords of registered trademarks. As we told you back in May,  Google announced it would allow advertisers to buy the trademark keywords of its competitors. Also In May, Google announced that not … [Read more...]

Indian Marriage Site, BharatMatrimony.com, Gets Injunction Against Google From Selling Trademarked Keywords

September 21, 2009 by Michael Berkens

Consim.com, an Indian company which owns many Indian dating and matrimony sites, sued Google several weeks ago in India for selling keywords under some of its trademarked sites. Last week, an Indian Court granted an interim (temporary) injunction against Google, restraining Google from selling keywords under the Indian Company's trademarks including Bharatmatrimony.com. The company's suit … [Read more...]

Keyword Suit Skips Google & Goes Forward Against The Advertiser, ABC.com

September 17, 2009 by Michael Berkens

There are several cases in the where the issue of whether the purchase of keywords under a trademarked term violates the Lanham Act and whether it constitutes unfair competition.  Many of these cases have been filed against Google for selling the ad space under trademarked keywords, but in this suit, the trademark holder, skipped  suing Google and sued the advertiser, ABC.com In the case of, … [Read more...]

WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith: ShoeZone.com

September 15, 2009 by Michael Berkens

In a one panel WIPO decision ordering the transfer of the domain, ShoeZone.com to the holder of a UK trademark, the use of  Moniker.com privacy service on its registration was found to be an indication of bad faith of the domain holder Basically the owner of the trademark chased the domain for years, first unsuccessfully attempting to buying it from Footstar in 2003, who was using the site to … [Read more...]

A Landing Page That Looks Like A Google Search Results Page: Asking For Trouble?

September 13, 2009 by Michael Berkens

Typing in some domains, I stumbled across a landing page, that looks like a Google search results page. The parking company, is FirstLook.com, using a Yahoo feed. Not only have I never seen this lander, but I've never heard of FirstLook. According to its site, FirstLook.com: "Is the industry pioneer in domain traffic optimization and monetization. Our long history in this space, … [Read more...]

Can You Be Sued For Defamation For Just Registering A Domain? We Maybe About To Find Out

September 12, 2009 by Michael Berkens

Defamation,  is a tort action where one party can sue the other for damages,  when they make false statements about the other,  in writing (libel) and spoken words (slander) which damages that person's reputation or causes that person distress. The question is, can a domain name, in and of itself, be defamatory? The question is being asked because this week, TV and radio talk show host Glenn … [Read more...]

KOC.com Lost In UDRP Second Time Around: Non Resolving Page Is “Bad Faith”

September 7, 2009 by Michael Berkens

The domain Koc.com was awarded in a UDRP, to the holder of a trademark in Turkey which owns Koc.com.tr. As in most of these cases, the facts are long on both sides. Here are the interesting parts of the case; First, the same company that owns the trademark and filed this action, brought a UDRP on this domain already and lost in 2001. Second, the domain holder did not have this page … [Read more...]

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