GODADDY TRADEMARK INFRINGEMENT WATCH
October 16th, 2008 Posted in Bad Registrars, Domain Auctions, General Domain News, Go Daddy
Wow! I was doing some research on GoDaddy and saw a domain up for auction that really caught my eye. The domain is “MICROSOFTINTERVIEWS.COM” (Microsoft Interviews dot com). This is odd, since I have seen some serious lawsuits against cybersquatters infringing on Microsoft-related domains. Some of the domains MS was going after were even questionable because they were typos, and some of the typos were not even close to resembling anything about Microsoft, Windows, Vista, or whatever MS product supposedly being infringed upon.
Now this domain, “MICROSOFTINTERVIEWS.COM” is amazingly similar to the… ummmm… “microsoft” trademark. So I did a search on Godaddy TDNAM to see how many Microsoft TM problematic cybersquatting, domain-pirating, huge-legal-issue-causing-domains there might be. I found about 160 domains for sale on GoDaddy Auctions with the trademark “Microsoft” in the domain. My favorite?
MICROSOFTONLINESUPPORT.COM (Microsoft Online Support dot com)
I’m just curious, but am I hallucinating? Did someone drop some “windowpane” *ahem* into my veggie juice (euphemism for scotch)? I really had to stop and think about this, look deeper, and see if I was missing something or misreading something that would make me think that these domains fit the media reports of blatant “trademark-infringing, cybersquatting, every-hateful-comment-about-domainer-is-true” type of domain owner/business.
I’m going to go out on a limb here and say “Yes, you are really seeing nightmarish domain sales representation from the biggest domain company in the world.”
It’s so blatant and obvious that I’m actually doubting my own sanity seeing it. Does GoDaddy feel that it is so far above the domain industry’s efforts to bring legitimacy to our community that they don’t even police the most basic of TM-infringing domains they’re auctioning on their own “#1 domain registrar” website?
And this behavior is supposed to endear the business sector to the domain industry? Please someone, point out what I’m missing. Maybe I didn’t get enough sleep last night, because this is truly bizarre for me to see.
I’ll tell you what I didn’t see in GoDaddy’s “domain purchase agreement”:
“You, the buyer, promise to remove all liability from GoDaddy and to suffer all the consequences of the legal Trademark lawsuit disaster you’ll find yourself in if you buy this domain.”
Nope, didn’t see that disclaimer in there. However, I’m not an attorney, so I can’t say this will give the buyer an “out” once the MS legal team (Aaron, are you reading this?) unleashes their talons to claim these domains. Don’t take my word for it, search up “microsoft” on TDNAM yourself to see what domains they have coming up for auction that unquestionably infringe on Microsoft’s TM. Look, I could care less about Microsoft because I’m a staunch Mac user, and have been since 1985. However, I care about domainers, and “respectable” companies such as GoDaddy offering up domains that are piranha-based feeding frenzy-inducing for TM attorneys against owners of TM domains is crazy.
It seems to me that GoDaddy has gone “Go Maddy” which will put some domain buyers on TDNAM into “Go Saddy” moods. They’ll be saying “I’ve been “Go Haddied”. (Sorry about that, folks. My middle school teachers encouraged me to learn how to blow out puns in order to keep me quiet during class).
More damaging, I checked a “follow up” link on one of the MS domains so I could get updates on it from GoDaddy. Below is an email I received from GoDaddy.
This activity by GoDaddy just proves to me that they don’t seem to care about the domain industry image. This blatant and outrageous “in your face” auctioning off of TM-infringing domains is small potatoes they can mash up to mix in to the cash cow they’re milking right now, and their customers are just rats in the cage. And guess what, domainers who buy these domains and get hit with a Microsoft TM lawsuit will be singing “Despite all my rage I’m still just a rat in a cage.” (apologies to Smashing Pumpkins “Bullet With Butterfly Wings”).
(NOTE: I haven’t checked any infringements on any other auction websites, but if you find any, gather up the evidence and send it to me and I’ll post it. We need to police our industry in order to move forward legitimately)
3 Responses to “GODADDY TRADEMARK INFRINGEMENT WATCH”
By Lou Mindar on Oct 16, 2008
Stephen –
I wrote a post about this on my blog a while back (http://domaingameblog.com/?p=42). It seems to me that registrars should have to take more responsibility for registering these types of TM domains. As it stands now, the person who registers the name will wind up with a lawsuit on their hands (as they should) and Go Daddy will be laughing all the way to the bank.
XXXXXX Stephen Douglas Responds:
Hi Lou,
I read your blog post. You make some points about registrar’s doing more to at least advise their customers. I don’t think the focus here is on OOTB’s by the customer, although I wonder how many registrars have posted TOS regarding their customers purchasing Trademarked domains, and if by doing so, the customer releases the registrar of all liability. Anyone want to take the time to research this? I’ll post the info.
In my article above, I’m focusing more on domains that have dropped that I know the registrar has reviewed before claiming them and submitting them to auction.
By Ms Domainer on Oct 16, 2008
*
They all do this: GD, Snapnames, Pool, and probably NameJet too.
They are immune from prosecution.
It is sickening that these companies don’t warn potential buyers of possible TM infringements.
But then it’s not in their financial interests to do so.
XXXXXX Stephen Douglas Responds:
I think the registrars are not immune to prosecution, maybe Snap and Pool might, but that could change. It’s like a store selling “known stolen items”. If Pawn shops have to follow these rules, you think anyone selling a TM would be somewhat liable.
A registrar that recovers an expiring domain after it drops in order to auction it off would know that they have TM’s in their list. Registrars closely review what domains it “claims” after the drop so they know what their premium moneymakers are. And I found the clearly TM infringing domains after a simple search for Microsoft’s name on TDNAM. Some companies are building scripts (databases) that hold thousands of TM names to scrub their lists. In this case, doesn’t look like Godaddy did this if they in fact are scrubbing their lists for TMers.
By jeff schneider on Oct 30, 2008
Hello Stephen,
The good news is this is America. The bad news is America bullied and stole the original north Amercans lands, through military force and bullying.
Until the powers that be, own all .com extensions the powers that be will provide little or no protection for domain lease holder rights.
You thought the wild wild West days were over. Where if you had a gun and a mean spirit you were the law. Sadly our governments laws do not favor the middle class that can least afford a slick attorney.
These are some realities that repulse me as well as a growing number of US citizens. You want laws to support the middle class? Get active with the grass roots organizations that defend our constitutional rights.
Or just move elsewhere, we all have choices, but I do know we need to UNITE. Right now we are surely divided and vulnerable under our current legal system, that has shown that if you have enough money you can literally get away with murder.
On a less serious note: Stephen would you please contact me. I have abusiness proposition I would like to run by you. Thanks for being who you are. Jeff
XXXXXX Stephen Douglas Responds:
Yo Jeff. Are you leading the Revolution? I’m there!
You can contact me by emailing me at successclick (at) g m a i l . com