Comments on: Reverse User Name Hijackings Next?

By: Adam Strong

Adam Strong — Wed, 31 Dec 2008 00:28:19 +0000

question thanks for the question. I am not a lawyer but to start answering your question, there are often multiple trademarks on one word phrases “United” for example, so that causes a problem. Additionally, why should a trademark holder be given the privilege of the domain just because they have a mark ? My initials might be IBM, so why couldn’t I have the domain IBM.whatever ? What gives a company or tm holder more rights than anyone else? I hope maybe Mr Berryhill will weigh-in here.

By: question

question — Tue, 30 Dec 2008 23:50:04 +0000

“We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.”

Why isnt this made part of all new gTLD registry agreements, to provide for existing TMs? Or even put the onus on the registrar to reserve say, all TMs filed in a central register, where everyone can see and contest title, and where title can be certified to enhance liquidity and reduce fraud..

By: jp

jp — Tue, 30 Dec 2008 22:50:35 +0000

The solution seems simple to me. If you don’t like Twitter’s policies then don’t use twitter. If people started bailing on Twitter, then perhaps Company Room 214 won’t care so much about getting that username either. I don’t know what it is these days. People will put up with just about anything. Go on strike. It would be one thing if there was some sort of governing body to twitter usernames (Such as ICANN), but the only person you can cry to is twitter, and if they don’t care why should we care about them?

By: Dave Zan

Dave Zan — Tue, 30 Dec 2008 14:44:13 +0000

Just to clarify my earlier post, one might acquire a trademark right towards their domain registration, depending on a variety of things outside your registrar’s contract.

By: Dave Zan

Dave Zan — Tue, 30 Dec 2008 14:42:09 +0000

Once you have your domain name doesn’t the dot com have precedence over any trade mark or domain suffix?

Uh…no, it doesn’t. I’d imagine some people like to think that, but your registrar’s agreement doesn’t even grant you such.

As mentioned earlier, having a trademark doesn’t necessarily grant its holder a right towards its domain namesake. And neither does a domain name grant any kind of intellectual property right, again as stated by your registration contract.

By: Jeff Geaney

Jeff Geaney — Tue, 30 Dec 2008 03:52:32 +0000

Adam Strong,

When you first think of a name, do you get the trademark or the domain name?
And which suffix do you get; the dot com or the dot whatever option.
Once you have your domain name doesn’t the dot com have precedence over any trade mark or domain suffix? I don’t think the majority of people these days register a trademark and then check to see if the domain is available, otherwise if they did they would be committing Internet suicide.

Adam, which suffix are you promoting on the site Domain Name News? The dot com? Strange that. Have you got a trademark for DNN or have we already come that far that we have all realized if anyone should take out a trademark on DNN they would also be committing reverse domain name hijacking.

The current system that ICANN and WIPO are using is seriously flawed and the quicker you all wake up and recognize this, the more chance you would have holding on to your virtual assets. We are dealing in World Internet Property which is a completely separate issue to World Intellectual property.

Jeff Geaney
WINNA
World Internet Names Numbers Authority

By: ParkingFirm.com

ParkingFirm.com — Mon, 29 Dec 2008 23:44:43 +0000

That’s Bollocks, ummm.. reckon Trademark holders will have to shell out few million $$’s on some thousand plus popular websites in order to secure their user name eh?!

-
Jay M
ParkingFirm.com
Information on Domain Parking industry.

By: wannadevelop.com

wannadevelop.com — Mon, 29 Dec 2008 19:09:48 +0000

Adam, I agree with you completely that it is a complicated matter if you break things down and we can do comparisons and analyze many similar cases here all day long… Ultimately, it will be up to the company and website operators to decide this stuff. What users say may or may not have any pull though at the end of the day. It is not easy, and the sooner they do, the better. When things get delayed and nothing is done for a while, that in itself tells you that something is wrong and that they do not know what to do about it. A lot of people will be happy once they do though, and also many will be upset and pissed off. It is what it is.
Best,
Mike

By: Adam Strong

Adam Strong — Mon, 29 Dec 2008 16:27:31 +0000

Mike and Dee. Thanks for your comments. Sure you can say it’s a slow news day. It was after all a holiday weekend, but that doesn’t make the story any less relevant. We’re covering this as it is a topic being discussed outside of the insular world of domains, but yet has striking similarities to domain name issues/stories.

On one hand people are building VC backed businesses on these platforms (see StockTwit.com for an example) and at the very other side of the spectrum individuals depend on the platforms as a communication channel. As these individuals and businesses grow and create a product or service on that platform the issues over naming “rights” becomes increasingly important.

By: Dee

Dee — Mon, 29 Dec 2008 14:23:25 +0000

slow news day indeed when twitter usernames are being “investigated” LOL