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Will mainstream domains be locked so they don't go porn?

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pam

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The one sentence I highlighted REALLY got my attention. Will registrars now have to check service marks and trademarks before allowing someone to register a domain name????


Home School Group Outraged That Abandoned URL Bought by Porn Site
by Darklady

CYBERSPACE -- How long after a mainstream URL becomes available for purchase should an adult web presence wait to make the purchase? That appears to be one of the questions involved in a Utah dispute that centers around the procurement of the Utah Home Education Association's (UHEA) abandoned URL by an adult webmaster.

Where once parents could gain information about home schooling their children, surfers now can learn more about "parental secrets" and "moms on film," a fact that has some Utah home schoolers enraged, offended, and cutting the new site owners absolutely no slack.

"There are predators out there," UHEA president Jon Yarrington warns, going on to call the new owners of the discarded URL "sick, putrid people who do this on purpose."

According to registration records, the current owner of the old domain, which was set aside when UHEA decided to redesign its site and re-launch it under a new name, purchased the URL as early as February 2005. The volunteer group realized that something had happened last all when it was contacted by a former webmaster, an event that repeated itself as parents increasingly went to the expired domain in search of information. This Monday, UHEA's official complaint about the matter was received by the Utah attorney general's office.

"When people refuse to be moral and decent and do what society expects them to do, then somebody has to step in and smack them," Yarrington explains.

Those who might argue that the domain was available for sale without restrictions and that the organization could have saved itself a considerable amount of emotional distress had it either not changed its URL or retained it during the time of transition will not find Yarrington sympathetic to their message. "Freedom is a double-edges sword," he insists. "It can be used for much good and it can be used for much evil."

John Delaney, an internet experienced Salt Lake City based attorney believes that Yarrington's group may have some recourse, including complaining to the domain registry and requesting that the URL be returned to UHEA or asserting that "UHEA" is protected by a common law right to service mark ownership and therefore not available to any other agency or organization for use. If all else fails, he proposes making a federal case of the situation, literally.

While the group makes up its collective mind about what to do next, press accounts indicate that Yarrington is simultaneously spreading the word about the new address and insisting that the old domain has been "pirated."

Ken Wallentine, chief of investigations for the state's attorney general's office isn't confident that Yarrington has a virtual foot to stand upon. "If (UHEA) let it expire, it's not a crime," he concludes. "There's nothing for us to do."
 

DNQuest.com

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In short... no. the TOS puts the burden on the registrant to check for TMs. Interesting read...
 

pam

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Isn't it though? If you don't renew and it becomes a porn site, can they legally give it back to you? This could set an amazing precedent if it goes further.
 

Tia Wood

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Isn't it though? If you don't renew and it becomes a porn site, can they legally give it back to you? This could set an amazing precedent if it goes further.

No. Although I'm siding with the school 100%, you have to look at it from different point of views:

- Trademark issue cannot legally be left in the hands of the domain company
- If you don't renew your domain name, that is like saying "I don't want it anymore". It doesn't matter if it was an accident or not. This is why its important to lock your domains and keep up with when they are expiring.
- The only way a person can legally reposses a domain from another party is in the event of: theft and trademark violation
- When a domain investor backorders a domain, he/she does not know the reason that individual or company is releasing the domain back to the public. All they can tell is that it is indeed dropping and expiring. 9 times out of 10 I bet you they don't even know what the purpose of the domain was. They concentrate more on traffic at that point.
 
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All they can tell is that it is indeed dropping and expiring. 9 times out of 10 I bet you they don't even know what the purpose of the domain was. They concentrate more on traffic at that point.

Agreed 100%. The thing that irritates me isn't that the company bought the expired name, as is their right, but that person put up a porn site. It isn't like the traffic could potentially be a good target for porn surfers, imo. Although they would run the risk of violating a TM if they offered home school-related materials which might convert better, I don't see how it can be bad faith if they sold cookbooks or something that moms and dads from Utah might be interested in buying. Even if they didn't realize the site was a former educational site, it would have been nice/smart to change from porn knowing that the browsers probably have no interest in porn. At least show more decency. This type of thing is what gives domainers a bad name. It isn't necessarily the porn or grabbing an expired name. It is keeping porn on an expired educational site AFTER knowing what the site did.

***UPDATE***
UHEA.com directs to UHEA.org which is the Utah Home Education Association's Website (without porn).


***However, I just saw that their old site was http://www.utah-uhea.org - i guess we know why they changed it.
 

Tia Wood

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***UPDATE***
UHEA.com directs to UHEA.org which is the Utah Home Education Association's Website (without porn).[/B]


That's good. At least it was settled.
 

namestrands

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Well I am sure they would have learned a lesson in protecting their assets.. whats the point in locking the barn once the horse has bolted?

UHEA, were at fault for being so stupid as to let the domain go.. however the domainer in question was in totally bad taste.. but what they did was not technically illegal, only immoral

All that should happen is that the older generation need to learn that a domain is an asset of the company and should be treated like any other asset.

Their is such a function as AUTORENEW and several notices get sent out before a domain Expires.. The procedures are in place to inform and educate, its neither the fault of the registrar or the new owner for the stupidity of others.

I am sure if that notice was a missed Mortgage Payment on the School, they would have taken more notice.

Devils Advocate.
 

Theo

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Is it porn the issue here or the mere fact that they were too lazy or ignorant to renew the domain? What if it had gambling links (Unlimited Hot Earnings Access), UFO stories (Unindentified Hovercraft Escapes Arizona) etc.
 

namestrands

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Pam, you should never bite the hand that feeds you.

Domaining is about speculation, while I do think that this domainer in particular really done this in bad taste if it was his intention to try and force the previous owners into buying the domain back.

However if he/she was just buying the domain for its potential traffic to his porn business and totally ignorant to its previous use then the purchase was innocent.

Putting a Spin on it so it focuses on the negative is what the press does.

We live in an unfair world, people profit from terrorism and disaster, it may not be right but its the way of the world.. even little old ladies buy shares in security companies in the wake of disasters.. its the circle of life, it keeps the economy alive and has prevented market crashes.

I think that the fault 100% is with the person forgetting to renew the name or protect its assets. Companies that fail to protect its TradeMark assets can actually have their trademark diluted and lose the trademark status.

Just ask yourself if you had a kid at an exclusive school and you forgot to pay your annual tuition fees renewal, then your kid lost its place to some other kid of a porn star.. who's fault would that be? do you think that would make it into the press?
 

Dave Zan

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Not to mention there was a Court ruling that a registrar "doesn't police TMs".

"When people refuse to be moral and decent and do what society expects them to do, then somebody has to step in and smack them," Yarrington explains.

Big words. Dangerous, even.
 

pam

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Pam, you should never bite the hand that feeds you.

Uh, how am I doing that? I never gave my opinion on whether I agreed with it becoming a porn site or not?
 
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