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The Lowdown
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Dec. 24, 2008 Post
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Here's the The
Lowdown from DNJournal.com! Updated
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Compiled
by Ron Jackson
(DN Journal Editor/Publisher) |
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In
a story that has transcended the domain business
and made headlines
at every mainstream business news outlet, Verizon
Communications Inc.
said it has been awarded
$33.2 million
in what it called the largest cybersquatting case
ever. A federal court in
California
ruled that OnlineNic.com,
a large, long-established domain registrar based in San
Francisco
"unlawfully registered at least
663 domain names that were either identical to
or confusingly similar to
Verizon
trademarks." The company was awarded $50,
000
per name for OnlineNIC's "bad-faith
registrations" that were intended to steer
traffic away from
Verizon's
sites (federal law provides for a penalty of up to $100,000
per name).
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OnlineNic
lost by default because they did
not even bother to show up in court to
defend the case, a very surprising situation
given that a judgment of this size could
bankrupt the registrar. A couple of
thoughts immediately crossed my mind when
this news broke. #1 - what could
OnlineNic have possibly been thinking!
Verizon has been vigorously going after
those infringing their trademarks for a
long time now and their 2007 lawsuit
against iREIT
was major news in the domain industry that
OnlineNic had to know about. Why would
they hold a massive lot of clearly infringing
names when doing so put a huge target
on their back and their entire
business at risk?
The second
thing that came to mind is how does
Verizon continue to win judgments against
cybersquatters when Verizon is one of the
most active cybersquatters on the Internet
themselves!? As anyone who uses
Verizon as an internet service provider
knows (they happen to be my ISP too) any
time you mis-type a name in your browser,
the typo (if there is not an existing
website with the |
misspelled
name) leads to Verizon's own in-house
landing page with PPC links monetizing
those typos - including countless
trademarked terms. For example, I just
typed HulettPackerd.com into my
browser and was sent to a Verizon page
loaded with PPC links to Hewlett
Packard products (see screenshot
below). |
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How
is this different from what OnlineNic just
lost $33 million for doing? Infringement is
infringement. Make no mistake, I think
OnlineNic was dead wrong (not to mention plain
stupid) for what they did - but I think
Verizon is dead wrong in what they are doing in
monetizing other company's typos too. Do you think
they are turning the money earned from pages like
this over to Hewlett Packard? Neither do I. The
rules should apply equally to everyone. When
Verizon does it they call it a
"service". When someone else does it
they call it "cybersquatting". I think it is the latter, but in any case
what is good for the goose is good for the gander.
(Posted
Dec.
24, 2008)
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