| Cybersquatting is big business. But many domainers | | | | of the trademark owner built into it, which is exactly |
| simply fail to appreciate cybersquatting law. In this | | | | what this policy is supposed to be avoiding." |
| article, one UDRP arbitrator weighs in on common | | | | - UDRP Respondent sometimes argue that that they |
| mistakes and misconceptions about the UDRP. | | | | do not have control over the advertisements being |
| We recently interviewed a UDRP arbitrator for both | | | | shown on on their web site. That is not a good |
| the National Arbitration Forum (NAF) and the World | | | | defense and won't likely avoid a finding of bad faith. |
| Intellectual Property Organization (WIPO) about | | | | "It's the owner who controls what is posted, and |
| common mistakes for Respondents in answering | | | | there's none of this passive responsibility. There's a |
| Uniform Domain Name Dispute Complaints. Some key | | | | live person who owns that domain name, and if they |
| points are worth noting: | | | | don't cause specific content to be there, they allow |
| - Domains with descriptive or geographic | | | | it, and sometimes they do cause that specific |
| connotations can avoid allegations of trademark | | | | content, even on a parking page." |
| infringement if they ensure those domains aren't | | | | - The " innocent bystander" defense doesn't work |
| used in a way to encroach on the trademark holders | | | | with most arbitrators. |
| products and services. to them. | | | | - Domainers are expected to check for trademarks |
| - Just because a domain name is descriptive, does | | | | before they register domains. The complete |
| not mean Respondent automatically wins. | | | | interview of the UDRP arbitrator reveals some really |
| - Domainers need to 'use' their domains in a legitimate | | | | good insights for all domain name investors to learn |
| way. Putting up a parking page which serves up | | | | from. it does not do any good to ignore trademark |
| advertisements for products and services of the | | | | law, or pretend it does not exists. Wishing that the |
| trademark holders competitors is the best way to | | | | UDRP were different is fine, but it won't help you if |
| lose an UDRP arbitration. | | | | you get served with an arbitration Complaint. Be |
| - Sometimes respondents complaint arguing that the | | | | smart about your domain portfolio and protect you |
| word is descriptive, ignoring that their use is | | | | best domains from transfer orders. You won't regret |
| specifically for the trademark value. This completely | | | | it. AN ounce of prevention really is worth a pound of |
| undermines their credibility. "You just have to not be | | | | cure. |
| so blatantly just using the domain name for the value | | | | |