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08|19|2009 03:48 pm EDT

AOL Wreaks Havoc On Advertising Domains

by Chad Kettner in Categories: Up to the Minute

The headline at TechCrunch says it all: “AOL Thinks It Owns All Advertising Domains”. The company is not only partly responsible for the $1.4 million sale of falling through, but it is now suing for trademark infringement and unfair competition based on the domain name similarities to AOL-owned

As reported at Domain Name Wire, the lawsuit claims:

“… recently commenced use of the virtually identical and confusingly similar designation and design in connection with the same and complimentary services as those offered by Plaintiffs under their federally-registered name and marks and their name and marks.”

AOL believes that this could cause confusion for anybody who thinks is affiliated with AOL’s or trademarks. The mark, by the way, is not based on AOL’s ownership of the domain name (which it has never owned), but rather related to the company calling the unit “” in the past.

In the court filings, AOL orders to pay for damages, gains, profits, advantages, and costs… plus “change its corporate and legal name to one that does not incorporate the term ADVERTISE.COM, ADVERTISING.COM, AD.COM or any term confusingly similar thereto”.

And remember, AOL doesn’t own or any trademarks directly related to Bizaare.

[via TechCrunch]

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August 19, 2009 @ 3:55 pm EDT

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August 19, 2009 @ 4:09 pm EDT

This is freaking rediculous.

If this is the case, I’m going to
start calling my auction site, just for the H3LL of it
and then sue for existing in the first place.

Absolutely freaking idioticly rediculous.

scott neuman

August 19, 2009 @ 4:10 pm EDT

Who would think that my domains and might get me sued by aol for TM issues.


August 19, 2009 @ 4:18 pm EDT

this is a flabbergastingly disgusting move by AOL!

no, .. seriously.. can’t I register or or as well?? would that too be confusingly similar.. or or

time to put America On Line OFFLINE imho!

domaining related lawsuits is getting out of hands..
can the owner of ONLINE.COM please sue them since this is very confusingly similar to America Online!

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August 19, 2009 @ 4:19 pm EDT

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David J Castello

August 19, 2009 @ 4:34 pm EDT

I see a landmark case coming up.

Jamie Parks

August 19, 2009 @ 4:45 pm EDT

I’m guessing the .ad gtld is off the table now – darn it…

[…] Excerpt from:  AOL Wreaks Havoc On Advertising Domains | Domain Name News […]

Sumbini Rondon

August 19, 2009 @ 7:28 pm EDT

Another attempt of a big corporation bullying a smaller individual or company to try and get their way, the easy way. It is ovious that AOL is steamed that is a much better domain than “”

All those who know this is an unfair bullying tactic by AOL should openly boycott all of AOL services… especially and

storm cloud

August 19, 2009 @ 8:00 pm EDT

Great chance for the domain industry to learn US law. An uneducated (law) person would laugh at this but there is a strong case here. Its about time the domain industry opened its eyes to TM law and the rights of existing businesses to protect their investments.

The small guys didn’t do their due dilligence and chose to mess with a bull in this case.

The domainers might unite, but brand owners and the law just might prevail.

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August 19, 2009 @ 10:50 pm EDT

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August 20, 2009 @ 12:11 pm EDT

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August 21, 2009 @ 9:16 am EDT

Storm, how did infringe on their copyright? Its two different words, and two different domains. If AOL wanted to control both they should have bought both earlier. So if I buy, does that mean you or anyone else cannot buy, or because you’re infringing on my TM. This is going to get thrown out by any judge on the first day in court, absolutely ridiculous…

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