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Posts Tagged ‘domain name law’

John Berryhill on Domain Legal Issues - D2S1 - Live from Traffic DownUnder 2008

Tuesday, November 18th, 2008

John needs no introduction. Here are the key messages from his speech:

john berryhill - domain name lawNames 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 As such, it might be possible to change old content that has already been archived!


Lockheed Martin Loses Domain Name To Aussie Entrepreneur

Tuesday, May 27th, 2008

Lou Schillaci and his co-director Claire Linley founded their flat panel display mounting company six years ago. skunk

Three years ago they filed for the skunkworks trademark in Australia and Lockheed Martin objected.

Of course, Skunk Works is a term that was first coined in 1943 by Lockheed, currently trademarked by Lockheed Martin and widely used in business, engineering, and technical fields to describe a group within an organization given a high degree of autonomy and unhampered by bureaucracy, tasked with working on advanced or secret projects.

Their pair, without any assistance from lawyers, fought Lockheed Martin by themselves and won! Lou Schillaci told SmartCompany “We have put a lot of time into building the brand – our IP is so quirky that people remember it and that is the whole point. We look at web stats and the just 1% of people who used to come to our site by the word ‘skunkworks’ is up to 17% now, so that tells us people remember it and that is worth money to us.”

In case there was any doubt, Schillaci’s company, Skunkworks Pacific comes up #1 in Google for the term skunkworks.


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