John Berryhill on Domain Legal Issues – D2S1 – Live from Traffic DownUnder 2008
November 18, No CommentsJohn needs no introduction. Here are the key messages from his speech:
Names added and subsequently deleted during the 5 day AGP declined from 17.6M in June 2008 to 2.8M in July 2008. Of the 2.8M AGP deletes in July, approx 2.6M were subject to the registrar-level transaction fee defined by the provision.
On the UDRP side of things. We have markel.com, decal.com, signsupnow.com, hero.com, my-life.com. Obviously decal is for stickers. In my-life the complainant didn’t have a business, he was launching one next year.
- Domain name is a dictionary term being used for a generic purpose
- Domain name registration pre-dates acquisition of trademark
- No “idiot defense” if complainant is represented by counsel.
- UDRP panelists have reached a tolerance limit for bad claims.
One significant point John made is that UDRP decisions factor in archive.org results. As such its recommended:
- Determine whether your PPC provider permits archives
- Periodically allow crawls
- Store a snapshot whenever you receive an inquiry
- Be aware of the active content issue.
At the end John elluded to the issue that archive.org can serve up content by filename. As such, it might be possible to change old content that has already been archived!
Related Posts:
- Howard Neu – UDRP & WIPO Unveiled – Live from Traffic DownUnder 2008
- Kellie Peterson – Domain Metrics – D2S1 – Live from Traffic DownUnder 2008
- Divyank Turkhia – Owning Your Own Registrar – D2S1 – Live from Traffic DownUnder 2008
- Sean Stafford on Data Mining – D2S1 – Live from Traffic DownUnder 2008
- Michael Collins on Managing Community Risk – Live From Traffic DownUnder 2008
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