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WIPO suggests RapidShare might own “rapid” after all

Kevin Murphy, September 3, 2010, Domain Policy

RapidShare has won a UDRP complaint against the owner of rapidpiracy.com, after the WIPO panelist apparently went against recent precedent.

As I’ve been reporting for a while now, RapidShare has been trying to clean up its brand by filing UDRP complaints on domains that contain its trademark.

In pretty much all cases the offending domain hosts a web site containing links to copyrighted material hosted on rapidshare.com and other file-sharing services.

In most cases, the domain also includes the word “rapidshare”, which the company has trademarked.

In July, a WIPO panelist rejected RapidShare’s claim on rapidbay.net, concluding that the words “rapidbay” and “rapidshare” were not sufficiently alike to warrant an “identical or confusingly similar” finding.

Now, a different WIPO panelist has come to the opposite conclusion, finding for the complainant in the case of rapidpiracy.com; “rapidshare” and “rapidpiracy” are apparently confusingly similar.

Acknowledging the precedent could have been “fatal” to RapidShare’s case, Matthew Harris drew a distinction, arguing that “piracy” and “share” are conceptually similar, whereas “bay” was not.

it is not fanciful to suggest the term “rapidpiracy” can be read as involving a conceptual allusion to the Complainants’ mark (perhaps suggesting an illegal version of the Complainants’ services).

He backed this argument by pointing to the fact that there were three references to RapidShare on the first page of rapidpiracy.com, before the complaint was filed.

In short, an obvious inference from this content is that the Respondent intended the Domain Name to be understood as alluding to the Complainants’ mark.

Harris noted that WIPO guidelines say that panelists should not take into account the contents of a web site in order to determine whether the domain name is similar to a trademark, but he had an excuse.

The test is not of similarity between businesses or websites. It involves a comparison between mark and domain name only. However, that does not mean that the content of the website cannot in some cases provide a pointer as to how Internet users will perceive a domain name that in turn might inform the relevant comparison.

(Domain Name Wire has previously noted that Harris has a record of “questionable” decisions.)

He concluded:

So do these factors provide sufficient similarity in this case? Bearing in mind that this is a low threshold test and in the absence of argument to the contrary, the Panel ultimately concludes that the Complainants have satisfied that test. The Complainants have only just crossed the threshold and in doing so they were given a helping hand by the Respondent; but they have crossed it nevertheless.

In my humble opinion there’s no doubt that rapidpiracy.com were a bunch of scoundrels, but I can’t help but wonder whether UDRP was the right place to address the problem.

Yet the precedent has been set; RapidShare does have some claim on the word “rapid” under UDRP, despite its lack of a trademark.

What this means for the UDRP case against rapid.org, which is also in the business of helping people share copyrighted material, remains to be seen. I’m told that case has been assigned the same panelist.

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.CO landrush auctions could top $10 million

Kevin Murphy, September 2, 2010, Domain Sales

The ongoing .co landrush auctions could finish up raising more than $10 million for .CO Internet, according to some quick back-of-the-envelope calculations.

My spreadsheet of reported landrush auction sales currently has 194 rows, based on registry reports and the odd unreported sale that Mike Berkens has been able to dig up.

These sales total $869,599, for an average of $4,482 per domain. Multiply that average by 2,523, which is the number of domains that were originally headed to auction, and you get to $11.3 million.

That may well be an unreliable estimate, of course, for any number of reasons.

For instance, .CO Internet is not reporting sales of porn-themed domains, or domains that may have UDRP issues. These domains could possibly have lower average sales prices.

The registry may also not be reporting other results, such as auctions that wound up with only one bidder for whatever reason, which could also drag down the average.

However, it seems that so far UDRP-risky domains or typos of popular generic domains (such as some of the typos of numerical .coms popular in Asia) have been among the big hitters.

AutoGlass.co, for example, appears to have slipped under the registry’s radar, and has been reported sold for $53,000. AutoGlass is a well-known brand here in the UK. I’ll be interested in seeing who bought it.

If these big prices hold true for other unreported sales of domains with possible trademark issues it could actually raise the average sales price.

Either way, it’s clearly been a successful auction so far.

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T.co to be ubiquitous by Christmas

Kevin Murphy, September 2, 2010, Domain Registries

Twitter is planning on rolling out its t.co URL shortening service to all users by the end of the year, according to a company mailshot this week.

The company received the uber-short domain as part of .CO Internet’s Founders Program, probably the new registry’s biggest marketing coup to date.

Twitter intends to wrap all links inside shortened t.co URLs, and will check their intended destination pages against a list of known malware sites before users are forwarded.

Twitter told users in an email:

You will start seeing these links on certain accounts that have opted-in to the service; we expect to roll this out to all users by the end of the year. When this happens, all links shared on Twitter.com or third-party apps will be wrapped with a t.co URL.

For the branding of the .co namespace, this is obviously good news. Twitter handles something like 65 million tweets per day, many of which contain links. All will now carry the .co domain.

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Go Daddy files for patent on available domain ads

Kevin Murphy, September 2, 2010, Domain Tech

Go Daddy has applied for a US patent on a system that automatically inserts available domain names into banner ads based on the dynamic content of a web page.

The application “Generating online advertisements based upon available dynamic content relevant domain names” was filed in February 2009 and published today.

The patent would cover a way to analyze the content of a web page, perhaps using image identification technology, then generate keywords and check for available domain names to put in the ad.

Instead of a standard Go Daddy banner, visitors to a web page would be shown a custom ad offering an available or aftermarket domains relevant to the content of the page.

The application also seems to cover an API whereby an advertising network, such as Google, would also be able to offer available domains via Adsense.

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Local news scrapes barrel with Whois lookup

Kevin Murphy, September 2, 2010, Domain Registrars

“Local man and 300,000 others killed in earthquake”.

You’ve seen the headlines. Local news operations will go to crazy lengths in order to put a local spin on international news.

This angle is new to me. The Province, a newspaper in British Columbia, Canada, yesterday managed to localize a hostage situation over 2,300 miles away in Maryland entirely because the gunman used a BC-based domain registrar.

The gunman identified as the suspect in an unfolding hostage situation at the Discovery Channel offices in Silver Spring, Maryland, uses a Burnaby-based company to host his website.

The suspect, identified in media reports as James Jay Lee, has a website named savetheplanetprotest.com. A Whois.com search shows the website is registered to a man by the same name and lists a Burnaby P.O. box as is [sic] address.

The registrar in question is DotEasy.com. It offers Whois privacy services at said PO Box. Unsurprisingly, the company had no comment.

The original The Province headline was “Gunman holding hostages at US Discovery Channel has tenative [sic] BC links”.

Links? A nutter registered a domain name. If all reporters followed this logic, the Scottsdale Times would be the busiest newspaper on the planet.

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