GoDaddy did not cybersquat the Oscars, court finds
In a landmark decision, a US court has ruled that GoDaddy’s practice of parking unused domains with Google advertising does not count as cybersquatting.
The Academy of Motion Picture Arts and Sciences, which runs the annual Oscars awards, sued the registrar five years ago after seeing that GoDaddy had parked hundreds of names containing its mark.
Under UDRP, registrar parking is controversially often taken as a sign of the registrants bad faith by panelists.
But the California court ruled that GoDaddy’s actions did not amount to trademark infringement due to the unique circumstances of the case.
GoDaddy did not select the advertisements — Google’s algorithms did — nor did it manually review which domains were being parked.
Domain Name Wire has a pretty good breakdown of the key points in the 129-page ruling.
What’s going to be interesting is whether UDRP panelists — which sometimes take their cues from US legal precedent — will start to adjust to view registrar parking in a more benign way when judging registrant bad faith.
This is quite an interesting take on the cyber squatting. I can quite understand why the Oscar controlling body took the stance they did.