Protect yourself from cybersquatting claims.
What happens when a company thinks you’re cybersquatting on one of its trademarks? Domain name attorney John Berryhill has helped people defend many such accusations. On this episode he explains what a company has to prove in the Uniform Domain Name Dispute Resolution Policy (UDRP). He also discusses some common misconceptions about the factors that will sway a UDRP panel one way or the other. Did you know that parking your domain name can actually help you defend a cybersquatting claim? Learn why on this episode of the Domain Name Wire Podcast.
Also: FTC on .sucks, Fat Tuesday and Fred Kreuger leaves Minds + Machines.
Subscribe via iTunes to listen to the Domain Name Wire podcast on your iPhone or iPad, or click play below or download to begin listening. (Listen to previous podcasts here.)
Podcast: Play in new window | Download (Duration: 56:21 — 45.2MB) | Embed
FT says
Always entertaining to listen to John Berryhill. Thanks a lot for the interview.
KC says
Talking about the intention, Igal Lichtman acquired NASA.com, NASA.net and NASA.org and then registered a trademark for “North American Search Authority (NASA)”. Do you think he was really wanted to do something else rather than thinking of a sale coming from NASA one day? How do you guess someone’s intention in registering a domain name?
John Berryhill says
In all likelihood, it was a defensive position since it was operating as a search engine. I doubt the space agency buys many domain names.
But when you say a “sale coming from NASA”, which one do you mean?
There have been registered marks for the National Amateur Sports Association, North American Shippers Association, National Auto Sports Association, North American Spiritnow Association, and assorted others who have one sort of claim or another in a “NASA” acronym. In a crowded field like that, any one of whom can come after you, differentiating what you are doing with the name is a good idea.
KC says
Thanks. BTW, is $1000 the going rate for having a guest on your podcast program, Andrew?
John Berryhill says
It’s not a lump sum payment. I didn’t realize that the fine print says that he pays it over time at $1 per year for a thousand years.
ThanksFortheHelp says
In a situation where a domain company owns your firstnamelastname dot com and you have common law rights to the name, are these easy to win UDRP cases? What is the best course of action? Using the ACPA or a UDRP?