Ban "trademark/typos wanted"

[DigiNames]

I know it's against the rules (often ignored) to sell trademark names and obvious TM typos. Is it against the rules to seek these names in the "Domains Wanted" section? Every so often there is a poster blatently wanting to buy traffic TM/typo names, and IMO it just looks bad for the community. These kinds of posts are exactly why a lot of people think domaining and "cybersquating" are the same thing. I know there is some grey area, but I would like to see the very all obvious TM violations banned.

 

[Biggie]

since staff does not get involved in "pm" deals, then how would we know

and.... should we really care?



there is no rule against asking for tm or typo names, the rule basically applies to the "posting" of them.




imo, there are a lot more devious acts going on in dn world that are "bad" for the community other than tm names.


but if that's all you focus on, then that's all you'll see


there will always be a market for them as long as they can be monetized.

 

[katherine]

Since we already have rules against the blatant TMs I agree that TM wanted threads don't belong at DNF. Just makes us look bad... for what benefit exactly ?
Why should they be allowed when bad taste registrations like Whitney Houston or MJ domains have a life expectancy < 10 minutes ?
Sure, there is a market but should DNF be the purveyor or facilitator.

 

[grcorp]

Let's use a drug analogy:

I stand on the corner holding a sign that says "cocaine for sale". If, in fact, I do have cocaine on my person, I have committed possession with intent to sell. I will likely be arrested within minutes.

I stand on the corner holding a sign that says "buying cocaine". I possess nothing illegal. So what can be done to me? Nothing!

 

[katherine]

I stand on the corner holding a sign that says "buying cocaine". I possess nothing illegal. So what can be done to me? Nothing!

That is, until the start of the sting operation :uhoh:

 

[grcorp]

That is, until the start of the sting operation :uhoh:

The sting operation is only effective if a transaction which consists of contraband takes place. At this point, an illegal act has occurred, and a response to said act by the correct authorities is in order.

The exact same way that only once the owner of a TM domain has attempted to profit off of another entity's marks and/or goodwill, has he done an illegal thing.

Such an act, if conducted privately, would go unknown to the general public.

 

[DigiNames]

Let's use a drug analogy:

I stand on the corner holding a sign that says "cocaine for sale". If, in fact, I do have cocaine on my person, I have committed possession with intent to sell. I will likely be arrested within minutes.

I stand on the corner holding a sign that says "buying cocaine". I possess nothing illegal. So what can be done to me? Nothing!

Well, by this logic would you be okay with someone posting in the "websites wanted" section, "I'm buying kiddie porn websites! send me a PM!". I know this is an extreme example, but I don't think people would be okay with it, just because they haven't technically done anything wrong...yet.

As I said, I know there is some grey area, and I don't have a problem with people posting that they want traffic names. From there, they can do whatever they want by PM. I know that typos and TMs will always exist while they are getting traffic and making money... I am just saying that when a post says "Will pay 12-18 months multiple on TMs" or something similar it is blatant and I think it tarnishes the forum where 99% of members are doing it right.

 

[Tedgeman]

This is a domain forum, and tm domains are really, only tm if you compete in the same field of interest. I think there should be a for sale thread for all domains because domains are all usable. Again, if you use a tm domain in the same business as the tm holder, its a problem, but if you own apple and sell boats, now its up to the court to decide not you judges here on dnf.

 

[jaydub]

I believe Adam tries to take a very hard line on TM's as he doesn't agree with them for one, but also his possible liability/hassle (even if just a nuisance complaint), being the owner of the forum that allows them to be bought and/or sold.
So I think he has versed his moderators on how he wants TM's dealt with.
And from my observations they have a fairly short leash.

 

[Biggie]

the other aspect is


you never know if those who are requesting such names.... are buying for the owner of that respective trademark


it certainly is a lot cheaper than paying mm, your legal dept. or some other tm watcha.

and how long do you think these names will perform, from reseller2reseller? or their duration on the market, depending on whether or not the tm owner decides to pursue the name.


every time one is posted, then the chances of it being recognized, increases the chances that currrent owner may receive a c&d.

what's the cost of filing a wipo claim vs paying 10 > 24 mths revenue?

i'm not dismissing the OP's feelings on this, just giving personal perspective

 

[Theo]

This is a domain forum, and tm domains are really, only tm if you compete in the same field of interest. I think there should be a for sale thread for all domains because domains are all usable. Again, if you use a tm domain in the same business as the tm holder, its a problem, but if you own apple and sell boats, now its up to the court to decide not you judges here on dnf.

The problem is when offering iPhone domains and claim it's a new boat communications device.

 

[DN BROKER]

I agree it has no place on this forum. This is the leading forum in our industry and Adam has stepped up to the game and sooner or later will also take action on these violators who want to buy.

 

[Tedgeman]

"The problem is when offering iPhone domains and claim it's a new boat communications device." Again, I say, example, " what does apple have to do with computers, etc the list goes on and on, there is a system to determine who gets to rule the TM brand, and many companies try to lay claim on the same term, but hey, the lawyers and the law, play their legal cards as they may, but here is not the place to decide, who should hold what hand of domains, this is a domain forum, not a court of self righteous domain elites, who try to portray themselves, as more ethical, then someone who owns a questionable domain.

 

[silentg]

namepros moved backwards (They allow TM domain sales) and dnforum is trying to move forward with these bans. No wonder DNF is still number 1.

 

[DN BROKER]

namepros moved backwards (They allow TM domain sales) and dnforum is trying to move forward with these bans. No wonder DNF is still number 1.

Indeed, it was me who questioned the new owner on this issue and he basically replied back with " It's not up to us to police it ". He was not concerned about honest Domainers becoming victim of a crime that they may not be educated about and fall victim to the scums who tarnish our industries reputation.

 

[katherine]

... he basically replied back with " It's not up to us to police it ".

Sure, wait for the government to step in. Not surprising domaining has a reputation for being shady.

 

[chipmeade]

Can we give it a rest. Noone thinks it is ok to buy and sell TM names but who is to judge what a tm name is? Some random forum schlubs? Makes a lot more sense to out the seller and challenge the name publicly than to regulate it to back room dealings. I applaud Adam's directive and actions to eliminate the practice from getting out of hand on DNF but see no evidence that it is openly tolerated at any other forum, by the owners OR members. Give me a min and I can come up with all kinds of potential TM violations for names currently being sold on this forum.

 

[Tedgeman]

He basically replied back with " It's not up to us to police it ". Well, have fun playing cops and robbers, we are here to buy and sell domains, if dnf continues to limit sales, someone else will pick up the thread, and it appears, according to your report, that Namespro is one, I will take a look. However, I,m sure they are not the only ones, who dare to push past the ridiculous assumption, that anyone has the right to determine, by a mans domain portfolio, whether he is scum and another is an honest domainer, please, can we get some fresh air in here! Stale...

 

[DN BROKER]

Bottom line is as a community we need to enforce what others can't or will! Awareness will only benefit our industry in the long run.

LONG LIVE DOMAINING

 

[Tia Wood]

Blatant trademarks - sure, let's keep them off the forum.

But becoming trademark police - something that is a complicated process - is not what I hope this forum becomes. Even dealing with trademark cases the offending party gets a chance to say why they believe they did not offend on a trademark. Point is, both parties are heard via processes. I do not want this process over simplified by the click of a moderator's button.

Ever heard of the Nissan.com case? Perfect example of why we don't need to be the ones to police trademarks. It can get complicated.