CyberSquatting....I don't thing so......

[Pep]

Why did they have a Sunrise Period? If WIPO is going to give them the name anyway. I was always told that ignorance of the law is no excuse. I see case after case where the domain is given to the *COMPLAINANT*. What purpose did the Sunrise Period serve? Trademark holders were supposed to register their trademarks during that time if they wanted to protect them. Well, if they didn't...doesn't that mean that they didn't want to.....or are very slow to catch on. Which, either way is not a domainers fault. Why is it considered *cybersquatting*.....if you buy low and sell high. That's savvy investing in my opinion. There are still alot of Corporate names still available in .mobi. Would any of us be wrong to register them??? I see alot of generic word domains, but whats wrong with picking up corporate domains and holding them. Maybe they could be worth something....maybe not. The point is, I don't think anybody should be labeled or criticized for what *they* call cybersquatting. It's just investing. If I'm missing something please let me know. Does anyone have any branded names....trademarked or not???:cool:

Y'all remember this........classic.....

Right now, there are no rules to keep you from owning a bitchin' corporate name as your own Internet address.

By Joshua Quittner


I'm waiting for a call back from McDonald's, the hamburger people. They're trying to find me someone - anyone - within corporate headquarters who knows what the Internet is and can tell me why there are no Golden Arches on the information highway.
It's true: there is no mcdonalds.com on the Internet. No burger_king.com either. :D



The sunrise period for the domain has been extended to September 22, allowing anyone with an actively registered national trademark filed before July 11, 2005 to register the corresponding domain.

The trademark sunrise period enables trademark holders to register their trademarks in the .mobi domain before the general registration, when the registry will be open to anyone. Hostway is encouraging customers to register their domains before the sunrise period ends.

[fathomjh]

Interesting topic. As it is a touchy subject IMO, I agree that whatever names were neglected, forgotten or just not registered for whatever reason maybe, they [the names]. should go first come first serve. Hard to say though, the law can be tricky!

[Pep]

Yeah, it is a touchy subject, but were all here for some answers. Hopefully someone can clarify.:cool:

I hate to sound like an opportunist, but this is a legitimate business!:D

[Scandiman]

What purpose did the Sunrise Period serve? Trademark holders were supposed to register their trademarks during that time if they wanted to protect them. Well, if they didn't...doesn't that mean that they didn't want to.....or are very slow to catch on. Which, either way is not a domainers fault. Why is it considered *cybersquatting*.....if you buy low and sell high. That's savvy investing in my opinion. There are still alot of Corporate names still available in .mobi. Would any of us be wrong to register them???

I am not a WIPO expert but this topic in general has been discussed ad nauseum since the 90's. A registered trademark holder receives certain rights when awarded the mark. That is how this world works, time to deal with it. If you think you can register Microsoft.mobi and not be sued then you are mistaken.

[Pep]

Scandi,

I understand that is how it is. I was just ranting, because honestly IT DOES'NT MAKE SENSE....even though it is like that. Why have rules if people or corps dont follow them....thats all. I KNOW I would get sued in your example. :cool:


I was just wondering why have the Sunrise thing if no one has to abide by it anyway.........that's all big homie!:)


BTW, I dont know what has been discussed ad nauseum......I'm new and just looking for answers. I come in peace.

[Scandiman]

Scandi,

I understand that is how it is. I was just ranting, because honestly IT DOES'NT MAKE SENSE....even though it is like that. Why have rules if people or corps dont follow them....thats all. I KNOW I would get sued in your example. :cool:


I was just wondering why have the Sunrise thing if no one has to abide by it anyway.........that's all big homie!:)


BTW, I dont know what has been discussed ad nauseum......I'm new and just looking for answers. I come in peace.
Like I said, I'm no expert in these matters but I view the Sunrise period as a courtesy to TM holders and for the privilege to participate the registrations were not cheap, a few hundred bucks a name if I remember correctly. But not participating in the Sunrise isn't a free pass for others to infringe upon the TM holders rights. Now if you were fortunate enough to have Apple.mobi then things could be different. If you built a site about different types of apples and never contacted Apple Inc to buy the name then you would likely succeed in keeping the name in a hearing. That is the beauty of generics, don't use the name in a way that infringes on the rights of the TM holder, don't act in bad faith by contacting them to buy it and you should be OK.

[Reece]

Scandi,

I understand that is how it is. I was just ranting, because honestly IT DOES'NT MAKE SENSE....even though it is like that. Why have rules if people or corps dont follow them....thats all. I KNOW I would get sued in your example. :cool:


I was just wondering why have the Sunrise thing if no one has to abide by it anyway.........that's all big homie!:)


BTW, I dont know what has been discussed ad nauseum......I'm new and just looking for answers. I come in peace.

1. Sunrise regs, while pricey, are considerably less expensive than filing a UDRP, or a court case.

By definition, a trademark is intellectual property (WIPO= World Intellectual Property Organization).

Your argument, to me, could be summarized along the lines of... If I invent something but choose not to patent it, than I have no right to it. It seems to make sense -- if you don't patent it and nobody knows you invented it, how can you claim to have invented it? Unfortunately, the underlying principles are much more complicated than that.

The same can be said for TM's. TM law says that one does not necessarily even need a TM to enforce a TM (TM can be granted through extended use [i.e. website]). That is true. On the converse, one who chooses not to protect their TM can lose it.

I think the real question up for discussion is not whether registering Microsoft.mobi would be wrong (it would be registered in bad faith afterall) but rather if something generic in nature, such as Time.mobi (which could quite plausibly be built into a site about the timezones and current world times) could be taken from you by the likes of Time Magazine. IMO, had they missed out on the Sunrise (they didn't, but this is merely an example), they would not be entitled to this name, provided it was not used in bad faith (i.e. emailing Time Magazine, saying you have a name that would be attractive to them and asking $XXX,XXX+ for it) and WIPO generally seems to agree with me here. However, should you make the mistake of attempting to sell it to the corporation in question, you may end up sharing the same fate as the owner of Inc.mobi (which he deserved -- should have read up on WIPO's policies). Play it smart, and your case should end up like this one: http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1625.html .

[Pep]

"But not participating in the Sunrise isn't a free pass for others to infringe upon the TM holders rights"

That helps me out alot. See, I was under the impression that it was a free pass for the general public to pick up any name. I knew this would get cleared up. :)

I also have a better understanding of generics. The learning process has begun.:cool:

Mucho Gracias:D