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Red Bull files UDRP after domain expires

Kevin Murphy, January 17, 2011, Domain Policy

Energy drink maker Red Bull has filed a UDRP complaint over the domain name red-bull.com, which until recently it actually owned.

It’s moderately embarrassing, but not unheard of, for companies to turn to the UDRP after domains they allow to expire are then snapped up by squatters.

What makes the complaint unusual is that the domain red-bull.com is not an obscure fringe case – it’s virtually identical to the company’s trademark and to its primary domain, redbull.com.

Also, according to Whois records, Red Bull also appears to use MarkMonitor, the brand-protection registrar, for its domain name needs.

Whois history shows that Red Bull acquired the domain in about 2005, but allowed it to expire in September 2010, after which it was quickly acquired by a third party.

Did Red Bull deliberately allow it to expire? There’s a case to be made for rationalizing defensive registration portfolios to reduce costs, but this domain would seem (to me) to be a definite keeper.

MarkMonitor has a policy of declining to comment on clients, which it chose to exercise when I inquired.

The domain red-bull.com currently resolves to what can only be described as a splog. It shows up on page two of Google for the search [red bull], which may go some way to explaining the UDRP.

Red Bull acquired red-bull.net, red-bull.cc and red-bull.tv via UDRP proceedings between 2001 and 2004, but has since allowed all three, as well as the .org, which it also owned, to expire.

The .tv and .net versions are currently parked, meaning they don’t rank so well in search engines.

It’s not the first odd UDRP Red Bull has filed. Last year, it lost a UDRP complaint despite winning a court case over the same domain name, as I reported in June.

Go Daddy files UDRP on “Mad Dog” host

Kevin Murphy, January 5, 2011, Domain Registrars

Go Daddy has filed a UDRP complaint against a web hosting company that uses a similar brand to sell domain names, maddogwebhosting.com.

The domain appears to have been used by a small-time hosting reseller for about two years. Its mailing address is a flat in south London.

But Go Daddy subsidiary Mad Dog Domains, which also sells hosting, has been around for longer and appears to have a trademark on its brand.

It’s not really an open-and-shut case by UDRP standards, given that Mad Dog Web Hosting appears to be a legitimate site, but I suspect Go Daddy has a reasonably good chance of prevailing.

We’ll have to wait for the ruling to be made and published by WIPO to find out the full details.

Is Microsoft buying Kinect.com?

Kevin Murphy, December 30, 2010, Domain Sales

Did Microsoft just file a UDRP complaint on a typo of a domain name it doesn’t even own?

When Microsoft announced its new Kinect games console earlier this year, it did so without owning the domain kinect.com, as I blogged at the time.

But this week somebody – I’m guessing Microsoft – has filed UDRP on the typo wwwkinect.com, which was registered about the same time as the console launched and is currently parked.

The complainant’s name doesn’t seem to be available yet, but the case was filed the same day as several other Kinect-related UDRP cases that almost certainly are Microsoft’s work, such as microsoftkinect.com.

Kinect.com currently belongs to an advertising agency called CAHG. The domain isn’t resolving (for me) at the moment, which makes me wonder if it’s in the process of changing hands.

It would certainly be unusual for the company to own a typo of somebody else’s domain, although I don’t think there’s anything in the UDRP rules that would prevent it winning the case.

UDRP, after all, only compares contested domains against owned trademarks, not domain portfolios.

While Microsoft would not have a leg to stand on if it filed UDRP against the non-typo domain, I expect a good case could be made that the large majority of people typing “kinect.com” into their browsers are looking for Microsoft’s console.

Alexa is showing that kinect.com has experienced a 350% increase in traffic over the last three months, and has increased its Alexa rank by almost two million places.

UPDATE 2011/01/01: Microsoft now owns the domain.

Save the Children recovers domains from scumbag

Kevin Murphy, November 22, 2010, Domain Policy

The international charitable organization Save the Children has recovered two domain names from a squatter who held them hostage for $2,500.

Save the Children, which hosts its official web site at savethechildren.org, recently won a UDRP complaint for the domains save-the-children.com and save-the-children.org, which are both parked.

As you might imagine, it was an open-and-shut case.

Save the Children has been around since the 1930s, and it owns trademarks on its name.

Bad faith was proved with a shockingly clueless email from the registrant:

As you may be aware, with the explosion of the internet and domains, there has been a scramble by speculators or entrepreneurs to purchase popular names or names which we believe may become popular, so we can resell them for a profit. In fact, many businesses will buy numerous domain names that are similar, or may be abbreviations or acronyms, or with different suffexes [sic] in order to get them off the market and prevent somebody else purchasing it.

After consulting with my attorney, and in the best interests of a speedy resolution, I’ve been advised to offer to sell my domain to your client.

I am unwilling to give it up for free since I purchased it. However, I am willing to sell it, and I am asking $2,500.00 for my website.

Whois records show that the domain has changed hands a few times since it was first registered in 2001. I hope the current registrant paid a lot for it.

This kind of behavior is why domainers get a bad rep.

Lego files a UDRP complaint every three days

Kevin Murphy, November 1, 2010, Domain Policy

Lego, maker of the popular building block toys, is rapidly becoming one of the most UDRP-happy big-brand trademark holders.

The company recently filed its 150th claim, and has so far recovered well over 250 domains that included its trademark.

With over 100 UDRPs filed so far in 2010, that works out to an average of roughly one complaint every three days, and a total spend easily into the hundreds of thousands of dollars.

Its success rate to date is 100%, with no complaints denied.

Its successfully recovered domains include oddities such as legogiraffepenis.com, which appears to be based on this amusing misunderstanding.

If Lego keeps up its current rate of enforcement, it will likely pass Microsoft in the next few months in terms of total cases filed. It’s already filed more than Yahoo and Google.

But it still has a long way to go to catch up with AOL, possibly the most prolific UDRP complainant, which has close to 500 complaints under its belt.

Businesses to object to Arab UDRP provider

Kevin Murphy, October 27, 2010, Domain Policy

ICANN’s business constituency is to object to a new Jordan-based UDRP provider, saying that no new providers should be approved until rules governing their behavior are put in place.

The BC reckons that UDRP decisions need to be more consistent and predictable, and that a good way to achieve this would be with standard accountability mechanisms.

In a draft position statement, expected to be finalized and filed with ICANN tomorrow, the BC says that it:

strongly advocates that ICANN must first implement a standard mechanism with any and all UDRP arbitration providers that defines and constrains their authority and powers, and establishes regular and standardized review by ICANN with flexible and effective means of enforcement.

Its comment is expected to be filed in response to the Arab Center for Domain Name Dispute Resolution’s request for official recognition as a UDRP provider last month.

The BC does not appear to object to the ACDR on its own merits or on the basis of its location.

The statement notes that registrars are bound by contracts setting the rules for domain registrations, but that UDRP providers can force transfers unconstrained by any ICANN guidelines or oversight.

It’s well-known that UDRP decisions from the various existing providers are currently about as predictable as flipping a coin, with panelists frequently interpreting the rules along quite different lines.

The BC seems concerned that this could be exacerbated as more UDRP providers are approved and as new TLD registries start popping up in different countries.

The draft statement notes that currently about 99% of UDRP cases are heard by WIPO and NAF, and that most gTLDs are “based in a limited number of national jurisdictions”.

Cash-for-gold site seizes “sucks” domain

Kevin Murphy, October 19, 2010, Domain Policy

An Arizona cash-for-gold company has successful recovered a “sucks” domain name via UDRP, after it emerged that the anonymous gripe site was actually run by a competitor.

Valley Goldmine filed the UDRP complaint against the domain valleygoldminesucks.com back in August. As I reported, the contested domain contained a mere two blog posts, both dating to May 2009.

Up until about a month ago, the registrant’s identity was protected by Go Daddy’s privacy service.

But Valley Goldmine used a subpoena to identify the actual registrant, and it turned out to be the operator of Gold Stash For Cash, a direct competitor, which does business at goldstash.com.

The site was created after a local TV news report had ranked Valley Goldmine higher than GSFC in an “investigation” into cash-for-gold companies. The blog posts, ironically, attacked the report’s objectivity.

Despite precedent largely protecting “sucks” domains on free speech grounds, this was enough for WIPO panelist Maxim Waldbaum to find against the registrant on all three requirements of the UDRP.

Interestingly, Waldbaum used the fact that the domain satisfied the “bad faith” part of the UDRP to justify the “confusingly similar” criterion.

The associated website has high placement on search engine results for the Mark and is operated by the principal of a direct competitor of Complainant. Respondent’s use of the Disputed Domain Name in this context is precisely within the list of bad faith criteria under paragraph 4(b) of the Policy, which, in this Panel’s view, clearly indicates Respondent’s intent to create confusing similarity in the minds of Internet users.

The fact that GSFC stood to benefit financially from anonymously bad-mouthing its competitor clearly over-rode any free speech concerns, which does not seem unreasonable.

The panelist concluded:

Although cloaked in the mantle of a gripe site, Respondent’s website is quite clearly a platform for Respondent to cast aspersions on the reliability of a report that portrayed his company in a negative light and his competitor in a positive light, and to otherwise sling mud.

Amusingly, while GSFC appears to own goldstashforcashsucks.com, a third party owns goldstashsucks.com.

Delhi Commonwealth Games wins UDRP

Kevin Murphy, September 28, 2010, Domain Policy

With five days to go before the Commonwealth Games kicks off in Delhi, the organizers may be under fire for expecting athletes to live like squatters, but they have managed to beat off one cybersquatter.

(Do you see what I did there?)

The Organising Committee of the games has been handed delhi-commonwealth-games.com in a UDRP proceeding against an anonymous registrant handled by WIPO

It looks like a fairly straightforward case. The web site, which has content, appears on the first page of Google for [delhi commonwealth games]. The WIPO panelist said its use of commercial links showed bad faith.

The official domain of the games is the rather less SEO-friendly cwgdelhi2010.org.

Interestingly, the Committee became aware of the domain in April 2009 and its first move was to ask the registrar, Directi, to block it, which it refused. It was well over a year later when the UDRP claim was filed.

Delhi was awarded the Commonwealth Games in 2003. The domain was registered in 2006.

The city has recently come under fire for its apparent lack of preparation, offering arriving athletes accommodation well below par from a health and safety perspective.

Revlon gets the UDRP bug

Kevin Murphy, September 22, 2010, Domain Services

Revlon has become the latest company to start aggressively enforcing its trademarks via the UDRP.

The company has over the last few months filed 24 complaints with WIPO, covering 29 domains, most of which appear to be parked.

Apart from a couple of typos, the domains all contain the Revlon trademark in full, along with another noun or two, and look like slam-dunk cases.

It has already won a couple of cases, such as revlonhairproducts.com, which I expect the panelist could have adjudicated in her sleep.

RapidShare’s UDRP campaign seizes 44 domains

Kevin Murphy, September 17, 2010, Domain Policy

The final results are in. RapidShare’s recent campaign to reclaim its brand from the pirates using the UDRP appears to be over, and it had about a 90% success rate.

Over the last few months the file-hosting company filed 46 UDRP complaints, covering a total of 49 domains, and it managed to win all but five of them.

The vast majority of the contested domains, 43 in total, contained the word “rapidshare”, which RapidShare has trademarked.

The company won all of them with one notable exception: rapidshare.net. The panelist in that case found that the domain had been registered before RapidShare had acquired its rights.

The remaining six domains just contained the term “rapid”. In these cases, the company had a harder time proving its case and therefore had mixed results.

It lost its complaints over rapiddownload.net, rapidbay.net, rapid4me.com and rapid.org largely on the grounds that “rapid” is not sufficiently confusingly similar to “rapidshare”.

However, it managed to win rapidpiracy.com on the dubious basis that “piracy” and “share” are conceptually similar, as I blogged earlier this month.

It also managed to secure rapidpedia.com, on the even more dubious (and barely discussed) grounds that the domain “replicates the first and dominant element of the trademark”.

All of the complaints were handled by WIPO.