Economic Analysis of Gripe Site Decisions
Federal Courts typically follow the first to register rule, with regard to trademarked domain names, so long as the use is non-commercial (see 1, 3, & 4 below); thus rewarding registrants who engage in commercial transactions and thus incentivizing businesses to register lots of derivations of their business name. Basically, this decision also benefits the domain name registrars; Bob Parsons of GoDaddy is rather excited about this decision.
On the other hand, WIPO UDRP decisions generally favor the trademark owner. Why? Because the trademark owner is the one willing to pay $1,500 to bring the registrant to arbitration. Positive outcomes for trademark owners means that they will continue to utilize the system. (see 2 below)
Prior Posts
1) Ninth Circuit joins 5th & 6th in okaying non-commercial gripe sites
2) Gripe Sites Pit Trademark Rights versus Free Speech
3) Young Cybersquatter's Handbook originally published in the Cardozo Journal of Conflict Resolution
4) Diverting Traffic on the Web: Trademarks and the First Amendment
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Text © Kevin J. Heller 2005. Some Rights Reserved
On the other hand, WIPO UDRP decisions generally favor the trademark owner. Why? Because the trademark owner is the one willing to pay $1,500 to bring the registrant to arbitration. Positive outcomes for trademark owners means that they will continue to utilize the system. (see 2 below)
Prior Posts
1) Ninth Circuit joins 5th & 6th in okaying non-commercial gripe sites
2) Gripe Sites Pit Trademark Rights versus Free Speech
3) Young Cybersquatter's Handbook originally published in the Cardozo Journal of Conflict Resolution
4) Diverting Traffic on the Web: Trademarks and the First Amendment
Text © Kevin J. Heller 2005. Some Rights Reserved
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