08
2011
Trademark Solution to UDRP Losses
Correct me if I am wrong. However this is a thought that has been bogging me for a while. I will keep it nice and short and hopefully you can fill in the details where I fall short. Who amongst you will buy a house for 100K and not have insurance on it. What if you own one thousand houses worth 100K each, would you still have insurance on every one of them? The reason I ask these questions is that it seams to me that if I have a domain worth 100k and above that could potentially be challenged by UDRP (Uniform Domain-Name Dispute-Resolution Policy) trademark thieves, then I will probably invest a couple of dollars to trademark it. Ironically I think it cost me less than 1k. Seriously, it is not that hard. I own a trademark and I did it all by myself without the help of a single lawyer or anyone for that matter. I just hit its renewal mark a couple of months ago and with a few clicks and my credit card, it was done and I do not have to worry about it for the next ten years or so. The trademarked name is probably not worth anywhere near 100k but the idea behind it was valuable enough for me to want to protect it at the time. Wondering what my TM is, well it is, “Safari Rack” registered Mar 1. 2005 Reg. No. 2,929,776
Since this discuss is not on how to apply for a trademark, I will not go into that. I just thought I should bring up for discussion a line of thought that has had me worried each time I read about UDRP loses that in my own opinion could have been protected. Take for example the recent UDRP loss of Octopus.com. A simple trademark for Octopus.com would have prevented this. I am quite sure the United States Patent and Trademarks will not allow the term “Octopus” to be claimed exclusively but Octopus.com sure can if Amazon.com can be trademarked. The owner could have trademarked the domain for whatever it was she was doing with it on her site. I am just saying, the common consensus is that most people will fight harder not to loose 10k than they will fight to get 10K, so why is this so different when it comes to domaining? Why do we not put up much of a fight to protect that which is ours?
FYI here is a brief article on trademark cost and application from About.com (Not Affiliated). I am just making the link available here as a courtesy for those who want a brief overview of the process.
OK time to go back to my studies. Talk to everyone soon, I will try not to stay away for too long this time.
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see… this is what we need in the domaining industry… people who make sense. just in the last week i applied for a trademark to protect my most valuable name. and you gave me a good idea. why don’t we get a couple of lawyers who have nothing better to do and sue every company for civil racketeering who tries to take a domain that is not a clear trademark violation. i mean by the octopus ruling then livingsocial.com could take social.com for $1500 instead of maybe paying five million for it. unfairness sucks.
Todaro,
“why don’t we get a couple of lawyers who have nothing better to do and sue every company for civil racketeering who tries to take a domain that is not a clear trademark violation.”
This is what a real domainning community will do. Unfortunately for now it is more like “everyman for himself” while greed, envy and insults are levied on the very few who have the ability to effect any form of change. I have been thinking of a post to that effect but have reneged so far because I do not have enough time to follow the comments I suspect may follow.
But if domainers spoke as one, if every domainer will chip in when there is an UNFAIR UDRP, (just the unfair ones) and defend the case, maybe this corporate domain thieves will not be so eager to steal domains. Just maybe.