Dell vs Florida Registrars
November 28th, 2007 by
Jay Westerdal
Three Florida Registrars were named in a lawsuit by Dell on November 16th; all this is just coming to the surface now. Those three registrars are BelgiumDomains, CapitolDomains, and DomainDoorman. They also have a few sister companies such as Netrian Ventures and IHoldings.com that were named too. Dell personally named Juan Pablo “JP” Vazquez because he was on the incorporation paperwork for most of these companies. Dell has a feeling there are 10 other John Does as well that could be related and is seeking the true identity of those companies as well as naming them in the suit. John Berryhill sent me over a copy of the lawsuit today and I have been reading through it. You can read the main document and the supporting doc 1, and supporting doc 2.
This is a bad day for Domain Tasting (a term I coined). This is a good day for Trademark watchdogs. Several companies have noticed this lawsuit and are re-thinking domain tasting.
UPDATE: We ran some stats, and according to our internal data, those three registrars are responsible for 72.5% of all domain tasting in the last 6 months (That is 185,650,068 of the 255,212,260 domains which were tasted).
10/10/2007 1 COMPLAINT for Cybersquatting, Trademark
Infringement, Counterfeiting, Dilution, and Unfair Competition against
IHoldings.com, Inc., Juan Pablo Vazquez, Does 1-10, BelgiumDomains, LLC,
CapitolDomains LLC, DomainDoorman, LLC, Netrian Ventures LTD. Filing fee $
350. Receipt#: 541230, filed by Dell Inc., Alienware Corporation.
(Attachments: # 1 Exhibit 1-5# 2 Exhibit 6 - 10)(nt) (Entered: 11/20/2007)
10/10/2007 2 Summons Issued as to BelgiumDomains, LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 3 Summons Issued as to CapitolDomains LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 4 Summons Issued as to DomainDoorman, LLC. (nt)
(Entered: 11/20/2007)
10/10/2007 5 Summons Issued as to Netrian Ventures LTD.. (nt)
(Entered: 11/20/2007)
10/10/2007 6 Summons Issued as to IHoldings.com, Inc.. (nt)
(Entered: 11/20/2007)
10/10/2007 7 Summons Issued as to Juan Pablo Vazquez. (nt)
(Entered: 11/20/2007)
10/10/2007 8 MOTION for Ex Parte Temporary Restraining Order,
MOTION for Preliminary Injunction by Dell Inc., Alienware Corporation.
Responses due by 10/24/2007 (nt) (Entered: 11/20/2007)
10/10/2007 9 MEMORANDUM in Support re 8 MOTION for Temporary
Restraining Order MOTION for Preliminary Injunction filed by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/20/2007)
10/10/2007 10 MOTION for Ex Parte Seizure Order, MOTION for
Accelerated Discovery, and an Order Sealing the File by Dell Inc., Alienware
Corporation. Responses due by 10/24/2007 (nt) (Entered: 11/20/2007)
10/10/2007 11 MEMORANDUM in Support re 10 MOTION seizure order,
accelerated discovery, and an order sealing the file filed by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/20/2007)
10/10/2007 12 DECLARATION signed by : David J. Steele. by Dell
Inc., Alienware Corporation. (Attachments: # 1 Exhibit A-D# 2 Exhibit E-G# 3
Exhibit H-J# 4 Exhibit K-Q)(nt) (Entered: 11/20/2007)
10/10/2007 13 DECLARATION signed by : Kate Burns. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 14 DECLARATION signed by : Arthur Lewis. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 15 DECLARATION signed by : Mimi L. Sall. by Dell Inc.,
Alienware Corporation. (nt) (Entered: 11/21/2007)
10/10/2007 16 NOTICE of Docket Correction: Document Filed in Wrong
Case; Redocketed in 03CV80612 as DE# 1971 (nt) (Entered: 11/21/2007)
10/10/2007 17 MOTION for Limited Appearance, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for Howard Kroll, Filing Fee $75, Receipt #541231. (nt) (Entered:
11/21/2007)
10/10/2007 18 MOTION for Limited Appearance, Consent to
Designation and Request to Electronically Receive Notices of Electronic
Filings for David J. Steele, Filing Fee $75, Receipt #541231. (nt) (Entered:
11/21/2007)
10/10/2007 19 MOTION to Seal. (nt) (Entered: 11/21/2007)
10/10/2007 20 Sealed Document Tracking Form. (nt) (Entered:
11/21/2007)
10/15/2007 21 ORDER OF RECUSAL. Judge Joan A. Lenard recused. Case
reassigned to Judge Adalberto Jordan for all further proceedingsSigned by
Judge Joan A. Lenard on 10/12/07.(nt) (Entered: 11/21/2007)
11/05/2007 22 ORDER granting 8 Motion for Temporary Restraining
Order and setting hearing on 11/16/07 at 1:30 re 8 motion for preliminary
injunction.Signed by Judge Adalberto Jordan on 11/2/07. (nt) (Entered:
11/21/2007)
11/05/2007 23 ORDER granting 10 Motion for seizure order, granting
10 Motion for Discovery, granting 19 Motion to Seal.Signed by Judge
Adalberto Jordan on 11/2/07. (nt) (Entered: 11/21/2007)
11/05/2007 24 EMERGENCY MOTION to Supplement 23 Order on Motion
for Miscellaneous Relief, Order on Motion for Discovery, Order on Motion to
Seal by Dell Inc., Alienware Corporation. Responses due by 11/20/2007 (nt)
(Entered: 11/21/2007)
11/07/2007 25 EMERGENCY MOTION to Supplement 23 Seizure Order on
Motion for Miscellaneous Relief, Order on Motion for Discovery, Order on
Motion to Seal by Dell Inc., Alienware Corporation. Responses due by
11/23/2007 (nt) (Entered: 11/21/2007)
11/07/2007 26 NOTICE of Filing Bond by Dell Inc., Alienware
Corporation pursuant to 23 Order on Motion for Miscellaneous Relief, Order
on Motion for Discovery, Order on Motion to Seal (nt) (Entered: 11/21/2007)
11/08/2007 27 NOTICE of Filing Bond by Dell Inc., Alienware
Corporation re 22 Order on Motion for Temporary Restraining Order (nt)
(Entered: 11/21/2007)
11/09/2007 28 ORDER granting 24 Motion to Supplement Seizure
Order.Signed by Judge Adalberto Jordan on 11/6/07. (nt) (Entered:
11/21/2007)
11/09/2007 29 ORDER granting 25 Motion to Supplement.Signed by
Judge Adalberto Jordan on 11/7/07. (nt) (Entered: 11/21/2007)
11/14/2007 30 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 31 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 32 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 33 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/14/2007 36 NOTICE of Filing Inventory by Dell Inc., Alienware
Corporation (nt) (Entered: 11/21/2007)
11/14/2007 37 NOTICE of Filing Proposed Protective Order by Dell
Inc., Alienware Corporation (nt) (Entered: 11/21/2007)
11/15/2007 34 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/15/2007 35 Skipped Docket Entry. (nt) (Entered: 11/21/2007)
11/15/2007 40 NOTICE of Filing Discovery: Answer to
Interrogatories by Juan Pablo Vazquez.(nt) (Entered: 11/21/2007)
11/16/2007 38 NOTICE of Attorney Appearance by Richard Baron on
behalf of Juan Pablo Vazquez (nt) (Entered: 11/21/2007)
11/16/2007 39 MOTION to Seal. (nt) (Entered: 11/21/2007)
11/16/2007 41 NOTICE of Filing Discovery: Response to Request to
Produce by Juan Pablo Vazquez.(nt) (Entered: 11/21/2007)
11/16/2007 43 NOTICE of Filing Certificates of Non-Appearance by
defendants by Dell Inc., Alienware Corporation (nt) (Entered: 11/21/2007)
11/16/2007 44 NOTICE of Filing Returns of Service by Dell Inc.,
Alienware Corporation (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed BelgiumDomains, LLC served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed CapitolDomains LLC served
on
11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed DomainDoorman, LLC served
on
11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed IHoldings.com, Inc. served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed Netrian Ventures LTD.
served on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 44 SUMMONS Returned Executed Juan Pablo Vazquez served
on 11/9/2007, answer due 11/29/2007. (nt) (Entered: 11/21/2007)
11/16/2007 45 MOTION to Unseal Case by Dell Inc., Alienware
Corporation. Responses due by 12/3/2007 (nt) (Entered: 11/21/2007)
11/16/2007 47 ORDER denying 18 Motion for Limited Appearance,
Consent to Designation and Request to Electronically Receive Notices of
Electronic Filings of Attorney David J. Steele.Signed by Judge Adalberto
Jordan on
11/15/07. (nt) (Entered: 11/21/2007)
11/16/2007 48 ORDER denying 17 Motion for Limited Appearance,
Consent to Designation and Request to Electronically Receive Notices of
Electronic Filings. Signed by Judge Adalberto Jordan on 11/15/07. (nt)
(Entered: 11/21/2007)
11/20/2007 54 SUMMONS Returned Executed (nt) (Entered: 11/21/2007)
11/21/2007 50 ORDER granting 45 Motion to Unseal Case with the
exception of docket entry 42.Signed by Judge Adalberto Jordan on 11/16/07.
(nt) Additional attachment(s) added on 11/21/2007 (nt). (Entered:
11/21/2007)
11/21/2007 51 PROTECTIVE ORDER Regarding Confidential
Information.Signed by Judge Adalberto Jordan on 11/16/07.(nt) (Entered:
11/21/2007)
11/21/2007 52 ORDER Extending Temporary Restraining Order against
defendant Vazquez.Signed by Judge Adalberto Jordan on 11/20/07.(nt)
(Entered: 11/21/2007)
11/21/2007 53 PRELIMINARY INJUNCTION against the registrar
defendants and corporate defendants.Signed by Judge Adalberto Jordan on
11/20/07. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2)(nt)
(Entered: 11/21/2007)
11/26/2007 55 Amended MOTION to Amend/Correct Motion of David J.
Steele to Appear Pro Hac Vice by Dell Inc., Alienware Corporation. Responses
due by 12/10/2007 (Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 56 Amended MOTION to Amend/Correct Motion of Howard A
Kroll to Appear Pro Hac Vice by Dell Inc., Alienware Corporation. Responses
due by 12/10/2007 (Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 Attorney David J. Steele terminated per 47. Sent
terminated attorney(s) instructions for tracking future case activity. (tb)
(Entered: 11/26/2007)
11/26/2007 57 CERTIFICATE of Counsel re 52 Order, 51 Order, 53
Preliminary Injunction, 50 Order on Motion to Unseal Case Certificate of
Service by Mimi Lee Sall on behalf of Dell Inc., Alienware Corporation
(Sall, Mimi) (Entered: 11/26/2007)
11/26/2007 58 NOTICE by Dell Inc., Alienware Corporation Notice of
Filing Inventory (Sall, Mimi) (Entered: 11/26/2007)
« Newer Post Older Post »
Posted in Domain Tasting |
November 28th, 2007 at 3:34 am
I have missed (tried to register) several domains but these mentioned companies nabbed them first, so it’s good Dell stepped in and is taking charge! There could be hundreds, even thousands of companies that could go after Tasters, since they do not even look at What the domain is when registering it!
The fact is, I keep my domains that I register!
November 28th, 2007 at 8:49 am
It looks like this could cascade. Going after the cybersquatters and domain tasters could be the start. These guys seem to be cybersquatting on an industrial scale so I don’t think that too many domainers would be worried about these domain tasters getting hammered. However it should be interesting to see where this leads - will PPC advertising providers be enjoined?
November 28th, 2007 at 9:57 am
Ok tasting as a practice i see as an abuse of the current ICANN policy especially the way some domains are constantly tasted.I think if the same legal entity(personal or corporate) requesting a specific Domain more than once in a 365 day period could even be some sort of fraud since they never actually pay for the domains use id think ICANN/VERISIGN or any other REGISTRY would actually take legal action against any that do this for possible theft of services since the rest of us actually PAY for DOMAINS in our portfolios id think that 6dollar and change reg fee would add up to alot if actually paid also its about time REGISTRARS become RESPONSIBLE they can reg a name and use it(like these listed in the case these registrars then sell off to the rest of us under protection but if we buy one of those were not legally allowed to own it since it was a trademark and we are now targets for a infringement ?there needs to be Domain Amnesty/correction period as a law before people get sued but also serious penalties for Reverse Domain Hijacking for overreaching TRADEMARK holders.On another note dont assume the Registrant paid just the standard registration for some of these Domains you beat up portfolio owners but do you beat up your local real estate tycoon who most people look at as a visionary and one to be emulated think Donald Trump for seeing value in previously worthless land and eventually making a profit many years later or the USED CAR salesman that sells previously used cars they have purchased from someone who no longer wanted it ? or ANY other type of Merchant that sells ANYTHING they dont actually MAKE OR GROW THEMSELVES ? I THINK NOT Domain Name Portfolio holders in most cases are no different think of how many variations of the same product exist yet are all sold the content should matter and sometimes through no fault of the registrant a parking service or hosting company can make an error and cause a issue this is very real i had a domain that was somehow redirected without my knowledge or consent because of a registrar error so there should be times to correct ?Realize this it seems the BROAD SPECTRUM PATENTS AND TRADEMARKS are as much the problem these were as far as i know supposed to be very specific in nature and like laws arent supposed to be vague,arbitrary or capricious if i have that right or not ask our esteemed legal minds and for those out there that hate people who buy and park realize some people have great ideas but website development isnt easy or cheap and can take a long time even for just a blog page so instead of automatically thinking a parked page is some EVIL DOMAIN TASTER realize some people can come up with an idea just as easy as you dont fault them for acting on it when they saw oppurtunity to do so the system is broken and needs reform this is just just my PERSONAL NON LEGAL and obviously RANTING OPINION)As an added thought how far away are all the Lawsuits for even giving a search result other than for what is actually typed in because these search engines dont send you to an actual paid for registerd Domain based on the fact they consider it non profitable to them ?what right do they have to do this if a Domain is PAID for and exists in ANY FORM OF DIRECT TYPE IN TRAFFIC SHOULD ALWAYS RESOLVE if there is anything at all on a Domain no matter how distasteful or uselessotherwise it is the same(my opinion)as thugs stopping clients from going into your store or keeping you from your own home or business.There needs to be Internet REFORM and TRUE NET NEUTRALITY in search engines as well heck they seem to be CyberBlockSquatting(all those that dont meet their critera.I hope this has made sense to all of you since i jumped around a tad but this is a complex and inter related issued in my mind.And many dont take the thought deep enough when we dont get what we want or feel an injustice has occurred IMHO.
November 28th, 2007 at 10:22 am
The domain auction houses will be next; maybe it’s time to weed out those expensive TM infringing domains from their catalogues.
November 28th, 2007 at 10:30 am
http://www.namepros.com/domain-name-discussion/175182-who-is-domibot.html
iholdings.com was the registrant of dotregistrar. Dotster and Dotregistrar.com share the same phone number
Why don’t they just call these guys
http://dotster.com/about/bios/
and ask them if they are associated with any of these John Doe companies?
November 28th, 2007 at 11:19 am
Ok so i got sidetracked above yes tasting in and of itself isnt bad its abuse of it as i have stated previously once no problem if a Domain is tasted a second time in 365 day period it should go into a category of Domain Name Availability that can be registered at any registrar for the registrars normal registration fee.I find it HYSTERICAL people get mad at Portfolio holders but these bulk tasters are the real problem think of it this way they taste it keep it if good traffic then send it to a delete status ? these TASTED DOMAINS SHOULD NEVER BE DROPPED UNTILL A VALID REGISTRATION DATE ENDS because since all these Drop catching companies can hold them for ransome at 18.95 and up its not in the publics best interest im really suprised that a MONOPOLY/COLLUSION/PRICE FIXING ANTI TRUST or RICO TYPE suit (I am not an Attorney but with all the stuff i hear about this would fit in my opinion)with teeth hasnt poped up if any of the Registrars that offer Drop services are also BULK TASTERS thnk about it Scoop a name for free get the parking revenue then resell it at 18.95 or more without ever really owning it since they never actually paid for outside of Countries who else actually has the darn near the right to PRINT MONEY besides these companies?if these Domains were pulled off the internet tomorrow what would be left ?.Seriously i wonder how many Domains in each TLD are actually PAID VS TASTED now theres a data dig worth having Jay how many Domains are registerd more than once in a given year out of all those supposedly in existance just do .COM since im sure thats where 95 percent of this goes on it would very much explain the huge gap if i could guess id guess 25 percent on a conservative estmate off the top of my head might not be real paid for Domains.If you could answer that Jay i think you would be able to single handedly be able to have the ammunition to change the internet policies within months instead of years.
November 28th, 2007 at 12:29 pm
I almost hope Dell loses, because then what they might do is perhaps gather up companies and try to get ICANN to change the tasting policy, which is the root of the problem to begin with. Sue these companies successfully and they’ll just fizzle, with other “random” companies stepping in and continuing the tasting. Juan Pablo Vazquez might be the named person on this one, so then they’ll set up the ensuing companies with someone else’s name. Not to say the massive level of tasting shouldn’t be combatted in some form, but I don’t think a lawsuit is really going to phase it.
November 28th, 2007 at 3:41 pm
The reason domain tasting works is people are actually fooled or else are enticed by some offer that they see on the offending tasted domain. If they’d instead be offended by and wary of anyone who would adopt a domain that stepped upon the good name of a reputable company or entity this domain tasting might not be so profitable.
Same thing with spam. Everybody hates spam but then they see one supposedly good deal and fall for it. Just once won’t hurt will it? And a couple thousand others think the same thing. And some spammer get all the encouragement he needs.
What I’m saying is people should make sure the store they entered is the store they intended, Brick and Mortar or online.
November 28th, 2007 at 3:45 pm
Jay,
As a taxpayer I hope the Infernal Revenue Service (IRS) has booked several Florida hotels at extend stay rates. As I commented previously, there are no statues of limitations on Income Tax evasion in the United States. Now if Dell can only get the RICO laws applied, squatted Domains could be recovered in the millions.
Mike
November 28th, 2007 at 5:46 pm
MsDomainer, email me at the contact form on examish.com to discuss the tm names.
November 28th, 2007 at 6:03 pm
I hope Dell and their attorneys are aware of Registrant Search. That would make it interesting for sure.
November 28th, 2007 at 6:54 pm
joe80645:
Done! (see my email message)
For example, googlepeers[dot]com for sale at Snapnames. Ready for backorder. Right now. Available December 22. Current minimum bid: $79.00 (which suggests many people have already backordered it).
Don’t get me wrong: there are a lot of great generic domains on Snap and Pool (I shy away from NameJet); I have bought a few nice generics at lovely prices from both companies, but, sooner or later, those TM clunkers are going to bite ‘em in the butt.
If ICANN doesn’t begin policing them, the US courts will get involved because affected infringed companies are going to figure out where the deep pockets are, and it ain’t me or the typical small-time domainer. Dell and others have figured out (or will soon figure out) where the money trail leads.
BTW, Interesting forum–I live near Amish country (about 35 miles from Lancaster County).
Best,
Ms Domainer
November 28th, 2007 at 7:00 pm
As someone who has personally had problems with CapitolDomains I welcome Dell in this lawsuit. Hopefully today is more than just one day closer to the end of domain tasting.
November 28th, 2007 at 7:13 pm
Actually, I’m rather fond of ScrewGoogle[dot].com, available December 30, minimum bid $79.00.
One could have some forum fun with that puppy.
If Google were smart, they would grab that one at just about any price. Cheaper than going to court (and possibly losing anyway, given that this domain would fall under the 1st amendment).
Ms Domainer
November 28th, 2007 at 7:18 pm
I just picked up a “tasted domain.” Too bad for the taster who cut it lose, for it’s getting some brisk traffic.
Ms D.
November 28th, 2007 at 8:37 pm
OK, here is a teaser:
When you look up “iholdings.com”
Registrant Search: “Dotregistrar, LLC” owns about 33 other domains
November 28th, 2007 at 10:23 pm
Hmmm.
The registrant tool needs some tinkering.
Another teaser. Look up homeequitylines[dot]com on Snapnames and note status; then look it up in Whois.
What do you find?
Ms. D
November 28th, 2007 at 11:06 pm
There large corporations like Dell have started the race to get your domains. Its these three companies now, tomorrow it will be you and me who will loose our names to them.
November 28th, 2007 at 11:43 pm
save-me-from-my-gf: What are you hiding?
November 29th, 2007 at 2:13 am
?????????
Form?
http://blog.designlinks.cn
November 29th, 2007 at 8:10 am
Iholdings, i.e. dotreg, dotregister, was bought some time back by Dotster.
November 29th, 2007 at 11:16 am
Any update on the responses from the defendants?
November 29th, 2007 at 11:22 am
LONG LIVE DELL!!!!
Michael
SizeMonkey.com
November 29th, 2007 at 3:43 pm
This is a case that deserves a lot of attention. The anti-counterfeiting claims are of particular interest, and I think Dell has a rea chance of winning with them. Read more at:
Dell Sues Cybersquatters
You can also see it on the homepage for a limited time:
CyberLawOnline.com
Would be interested in comments in this thread.
November 30th, 2007 at 4:42 am
MS Domainer: Just an FYI, If a domain is at SnapNames and the Min backorder price is $79, it does not mean it has backorders. Depending upon which Registrar has the domain, is the reason for the backorder price.
So even with the price of $79, does not mean anybody has it backordered, but I’m not saying nobody would backorder it, but if they are dumb enough to backorder a TM domain, then they should get a C&D or a date in court.
November 30th, 2007 at 7:41 am
So, Yofie, the auction house gets off scott-free (and with the dumb domaniner’s money)…
I think not, which is why registrars are being dragged into court and why aftermarket auction houses will be next. The courts (U.S., that is) don’t give a hoot about ICANN policy. I think that auction houses will soon be held legally accountable for their blatant sale of obvious TM names.
I do think the beginning auction bid is an indicator of number of bids. When I had backordered LiteraryAgent[dot]com (I didn’t get it–too expensive), the original opening bid was $59.00. BEFORE the the name was “acquired,” I received an email that I would need to up my initial bid to $99.00 in order to remain in the auction.
There were over 50 bidders in that auction, about 20 of us serious bidders.
Ms Domainer
November 30th, 2007 at 8:47 am
I remember seeing on Pool.com’s homepage a while back an ad for their auction of Adidas.net. However now it is hosted on a server with many other Adidas related domains and it redirects to a blank page, so hopefully Adidas AG owns it now.
December 3rd, 2007 at 2:48 pm
MsDomainer:
I do not agree one bit that Snapnames, Pool, NameJet, TDNAM or any domain auction house should be able to auction off a TradeMarked domain, nor did I say that.
There should be action taken when they sell them, because it’s just like you or I sold them.
For the min bid… Again, the min bid is set based on the Registrar who currently has the domain. It has 100% nothing to do with how many backorders a domain has (this is at snapnames). The $59 to $99 jump, was when NetSol first changed there prices.
December 4th, 2007 at 1:57 pm
MsDomainer,
I do not agree with your assertion about auction houses. They merely provide a venue where competing customers can vie for an asset they want to own. I don’t believe that Pool, NameJet, Snap or TDNAM build TM-like portfolios of their own volition. They are responding to customer requests. And as long as customers see value in owning domains of a particular type, they will continue to order those domains. And if the auction houses did not snap them up when they deleted, you can bet the customers that wanted it would find other ways to register those domains in the aftermarket.
In the Dell case, it has been mentioned that one of the difficulties will be to tie the Registrars directly to the Registrants. Most Registrars will not arbitrate on TM rulings but rather leave that to the proper authorities. Which means that if a customer wants to register a particular domain, on whose authority should a registrar refuse? Should they have the responsibility to verify a Registrant’s claim to a particular “character string”? I think not.
December 4th, 2007 at 5:02 pm
Then, richard79348, because of customer demand, then it’s okay to knowingly buy up and auction off TM domains.
What a sweet deal for the auction places.
I’ll bet the courts are going to have heyday with that one.
Ms Domainer