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Apple Busts Guy For Domain Squatting!

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, Jan 10, 2010.

  1. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    There's been some talk lately about domains that use trademark names. So I'm posting this as a heads-up... buyer beware!


    Apple Seizes 16 Domain Names From A Guy In One Fell Swoop!

    http://www.techcrunch.com/2010/01/07/apple-domain-names/

    When you own domain names associated with the trademarks of a large company, more often than not, they?re going to file a complaint with the ICANN UDRP (Uniform Domain-Name Dispute-Resolution Policy). And more often than not, they?re going to win control of the name. Such was the case yesterday with 16 names related to Apple that one man happened to own.

    Specifically, Daniel Bijan, a Los Angeles-based ?mega producer, singer, and entrepreneur,? owned 16 domains that Apple wanted. Apple filed a complain to UDRP in November, and won the rights to all of them yesterday. The domains are all related to iPods, iPod accessories, iPhones, iPhone accessories, Macs, and MacBooks, with the crown jewel being macbookpro.com.

    According to the court document, Bijan didn?t even bother to submit a response to Apple?s complaint, so it was an easy call. But Apple was likely to get the names anyway since it owns the trademarks on iPod, iPhone, MacBook, and Mac. Apple argued that each of the domains was ?confusingly similar? to Apple?s trademarks. Others, Apple claimed Bijan was using in ?bad faith? as he was forwarding them to pages that featured products which compete with Apple?s own. Bijan had registered the names between 2006 and 2009 at various times.

    Beyond the macbookpro.com name, none seem particularly interesting. There are none, for example, that point to a new supposed Apple product, such as the ?iSlate? names we dug into a few weeks ago. Here?s a full list of the domains Apple now owns with the win:

    www.blueipod.com
    www.iphonecheap.com
    www.iphonetoys.com
    www.ipodaccessories.info
    www.ipodkits.com
    www.ipodsbaratos.com
    www.macbookpro.biz
    www.macbookpro.com
    www.macbookpro.net
    www.macbookpro.org
    www.macfriend.com
    www.redipods.com
    www.macbook.us
    www.macbookpro.us
    www.macbooks.us
    www.macpro.us
     
  2. cashnone

    cashnone BANNED BANNED

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    can't all that be prevented by registering your domains offshore?
     
  3. Crooker

    Crooker Newbie

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    You can easily avoid this by making the website a forum and adding a store or splash page to that.
    In that case it will be talking about a product, which is freedom of speech.
    And in that case your domain can't be ceased as it main objective is not selling or promoting apple products.

    Same as torrents, judges ban torrent sites because there main goal is distributing illegal software or linking to illegal software.
    However in theories Google does the same thing.
    The difference is that Google's main objective isn't torrents but providing search results.
     
  4. TermsB

    TermsB Senior Member

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    Not with those domain extensions. Certain domain extensions are only allowed to ICANN compliant domain registrars to the best of my knowledge.
     
  5. Fireboltgirl

    Fireboltgirl Regular Member

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    Bastards! Does this set a president then? It could cause all kinds of hassel with affiliates when they do that URL buying similar to product name + redirect thing.
     
  6. poisonsembrace

    poisonsembrace Registered Member

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    Sorry to rain on your parade but you are incorrect. It doesn't matter what the content of the website is if it contains a word that is trademarked by another country.

    All this talk of using an offshore registar and host does not count for shit when considering .com/.net/.org

    The torrent site analogy does not apply here, this is to do with trademarks and ICANN (who have the power to take your domain from you without your permission if you break their registration rules) and not software piracy.
     
  7. The Scarlet Pimp

    The Scarlet Pimp Jr. VIP Jr. VIP Premium Member

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    Read the comments... someone said he was pulling $8,000. a day with those domains!
     
  8. Crooker

    Crooker Newbie

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    You are not violating trademarks of you have a talk group about a subject.
    Your allowed to talk about subjects. And your allowed to name your group accordingly.

    The only thing is your main focus point has to be talking about it and not just have a splash page index.

    I worked for a bank in the past and we had the same troubles.
    Someone was using our name in there domain name.
    Nothing we could do about it.
     
  9. dejanlesi

    dejanlesi Jr. VIP Jr. VIP Premium Member

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    Oh yes you could. You could have filled a WIPO and leave it to them to decide. But smaller companies tend not to do that because of the legal fees..

    If there is a TM in your domain name and you use it in any relation with the trademarked thing you are using it in bad faith and it can be taken away from you. Bad faith is even if you have your domain parked and there are google ads advertising the trademarked item on your page.

    For example if you have iphoneblabla.com and have it parked and the ad feed displays iphone ads, then the domain can be taken from you..
     
  10. poisonsembrace

    poisonsembrace Registered Member

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    If it was a .com/.net/.org then you have no idea what you're going on about. Go and read the ICANN rules. No-one is saying you can't discuss apple products on a forum, but you can't misrepresent it by registering macbookpro.com for example.
     
  11. Crooker

    Crooker Newbie

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    Yes iphoneblabla.com can be taken away from you because you are violating a trademark.
    But when you use suitableforiphones.com it can't be taken away.
    Because your not using a trademark but just a word.

    Look at it this way you don't have to pay apple a dollar everytime you say iphone do you?

    There also the content that is taken into account.
    Let's say a forum is alright because you are talking about a subject.
    But a splash/sales page is braking trademarks.
    I can't explain it any better than that.

    We could go on and on but lets just say we have different opinions.
    No harm done, I still love you all the same haha.:D
     
  12. bkind

    bkind Jr. VIP Jr. VIP Premium Member

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    I wonder if apps on islate will be reffered to apps... any ideas... it looks like islateapps is already taken...
     
  13. blackhat50

    blackhat50 Regular Member

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    lol, it seems that if you don't look up the rules and regulations JUST aslong as your friend or some random person online says its okay/legal then its like 'well he said its legal', without you even considering getting legal advice from someone that can protect you.

    remember, you pay for what you get, (example its legal to use trademarks in a domain and you wont get introuble/taken away(thedomain) ... now how much did you pay to get that advice? thats right Nothing, my advice is worth nothing, go do your DD.)

    remember ignorance won't go to far in court.
     
  14. bkind

    bkind Jr. VIP Jr. VIP Premium Member

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    topislateapps.org is mine.... hahhahha let the SEO begin... I build iphone apps right now and it can't be that much different then iphone...