Question

Cyber Squating - what can be done?

Asked by: sconnell

I am not sure if I am imagining that I read this years ago... but I seem to recall a "new" Cyber Squating law where a registered name HAD to put to real use within a certain period of time, otherwise the owner would be considered a Cyber Squater.

Is this true? Because I've found nothing about this.

The reason I am asking is that I am setting up a business which I hope to be the next YouTube or eBay (wishful thinking yes, but it is an idea no one has thought of)... The problem is the name! History has proven that the name has to be easy, memorable.... and ideally 2 - 3 Syllables max.

I've come up with a dozen names and ran them through a panel of consumers.... BUT every name that I/we had is chosen already registered. It wouldn't be an issue if these names actually had websites but many of them are either, "Server not found", a dummy page pointing to something else, "watch for website soon."

Looking at each (of the 17 names) registration, in EVERY case, these websites were registered more than several years ago (some more than 10 years ago), the Internet Archive (http://www.archive.org/web/web.php - great resource BTW) lists NO history for ever having content.

Several actually state they are for sale.... but it's a matter of principle, I am not feeding someone's unethical opportunism.

My next step is to come up with interesting sounding letter combinations rather than word combos... hopefully my second round with find a winner. But if anyone can suggest a successful way of getting control of one of the great names we already have.... I thank you in advance.

Any thoughts? I am sure I am not the only one that has run into this problem!  Can ICANN (http://www.icann.org/) help?

BTW, there is a faint ray of hope.... one of the names finally expires next month... hopefully the "owner" has forgotten about this one. The dang name was registered more than 10 YEARS AGO and NEVER used.

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Asked On
2007-03-16 at 16:22:54ID22455158
Tags

squating

,

cyber

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Marketing

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Search Engines

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Answers

 

by: pmagonyPosted on 2007-03-16 at 19:18:52ID: 18739074

Hi Sconnell,

There's no law that indicates a domain name owner *must* do anything with that domain.  However, if that domain violates a copyright or trademark, then you have the ability to dispute.  

Seeing as the domain names you are interested in...(17), are all taken, you don't really have a leg to stand on.  Had you copyrighted or trademark your *idea* prior to the purchase of those 17 domain names, you would have some leverage to proceed.  But even then its an uphill battle that will probably cost you more time than you're willing to invest.

You'll have to prove that the domain was purchased in bad faith.  For reasons to sell, rent, disrupt, atract for commercial gain by way of likelihood, or prevent the the owner (you in this case) of the trademark from reflecting the mark in a corresponding domain name.

Good luck with the expired domain.  I hope you get it and your *idea* makes you filthy rich!  Just don't forget us here at EE!!!

:^)

 

by: sconnellPosted on 2007-03-16 at 20:21:19ID: 18739198

pmagony: Thank you for the kind words and encouragement. :-)

>You'll have to prove that the domain was purchased in bad faith.

True. And I can only "speculate" that someone sitting on a name for over 10 years isn't actually still thinking about what to place on "their" webpage.

Bad faith.... no... simply sitting on a name with the intent to sell [unfortunately] does not legally constitute "bad faith."

Since my business is so new, I also cannot claim prior use.

Speaking of prior use, I used to own a company called "www.controllogic.com." Perhaps I can fight that company for my web site name.  My Control Logic goes back to my university days (umm.... 22 years ago). :-)

 

by: sconnellPosted on 2007-03-16 at 20:31:24ID: 18739215

Wow... one thing leads to another... I was feeling a bit nostalgic and checked the availability of another company I owned called, "uxcel." Turns out this name is also taken AND not used!

It also turns out that the "company" who "owns" this name also "owns" 14 of the names I am interested in for my new venture!  The "company" is DomainCollection.com (aka Cambridge). How many names and letter combos do they actually own??  This is completely unethical and it is this sort of problem which does harm to the Internet.

Here is an interesting link where Hasbro sued (and won!):
http://72.14.203.104/search?q=cache:75OZ20Tj1QAJ:www.arbforum.com/domains/decisions/112481.htm+DomainCollection+I&hl=en&ct=clnk&cd=2&gl=us&client=firefox-a

Apparently DomainCollection.com is no stranger to lawsuits.

 

by: sconnellPosted on 2007-03-16 at 21:24:56ID: 18739322

Well, digging further I am beginning to believe that DomainCollection.com aka Cambridge aka iHoldings.com aka CAMBRIDGE CAPITAL INVESTMENT LTD. AKA whatever is the new mafioso of the Internet world.  How did it happen that someone can legally own over 68000 unused domain names and then sell them for whatever price they choose.  

Check these links (if you're curious):

http://www.startupjournal.com/ecommerce/ecommerce/20050519-bounds.html
http://forum.icann.org/alac-forum/msg00052.html
http://www.nexusportal.net/archive/index.php/t-2892.html - this one is particularly bad!

Arrgh... frustrating!

 

by: pmagonyPosted on 2007-03-17 at 12:30:54ID: 18741208

Indeed it is frustrating and a down-right lucrative business at that.

I think HostMan said it best in one of the links you provided:

"HostMan01-13-2003, 08:15 PM
Typical cybersquatting bullsh*t.

I would just get a new domain and move on. Unless you want to support these *******s and pay them (which is what they want and expect)"

Agreed.  This is what they thrive from, and the only way to really hurt them where it counts, is to look right passed them.

 

by: sconnellPosted on 2007-03-17 at 15:51:51ID: 18741739

Well, as the old saying goes, "Got lemons... make lemonade"

Turns out there is a way. First and I love this idea... it turns out that one can register a ccTLD without a requirement of being in that particular country.

I found an excellent and rather catchy ccTLD to go with my name!  

According to what I read, once I have established myself with that name, I can then go after the  .com name proving that I had a better use for it than the bullsh*t cybersquatter.

Well, that is the approach I will take.  

IMO, people are foolish to pay this Internet mafia any money!

20120131-EE-VQP-002

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