Comments on: Open Letter to Tucows on Trademark Infringement http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/ Technology, education, and current events. Wed, 24 Jun 2009 20:42:05 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Phil http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/comment-page-1/#comment-176 Phil Wed, 24 Jun 2009 20:42:05 +0000 http://codepad.classhelper.org/?p=566#comment-176 Legal review of prior caselaw was done on this issue, and there's plenty of weight on our side. Tucows has actually complied with our request for modification of the content on classhelper.com; we never demanded transfer of the domain to us. Our objective was to put a stop to the abuse of our trademark under the doctrine of confusing similarity, which we accomplished. Thanks for the feedback! Legal review of prior caselaw was done on this issue, and there’s plenty of weight on our side. Tucows has actually complied with our request for modification of the content on classhelper.com; we never demanded transfer of the domain to us. Our objective was to put a stop to the abuse of our trademark under the doctrine of confusing similarity, which we accomplished. Thanks for the feedback!

]]> By: Jacob Smith http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/comment-page-1/#comment-175 Jacob Smith Wed, 24 Jun 2009 18:33:00 +0000 http://codepad.classhelper.org/?p=566#comment-175 While I agree the typo DNS snagging practice is scummy, I think you fail to understand the concept of domain extensions. In light of the fact that the US government failed to stop whitehouse.com from being a porn site for over a decade I cannot see you having any luck. Prior legal decisions over domain extensions have contraindicated you having any success. While I agree the typo DNS snagging practice is scummy, I think you fail to understand the concept of domain extensions. In light of the fact that the US government failed to stop whitehouse.com from being a porn site for over a decade I cannot see you having any luck. Prior legal decisions over domain extensions have contraindicated you having any success.

]]> By: VeriSign Shares Fall After Appeals Court Remands Case - Wall Street Journal | Internet Domain Name Money Marketing http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/comment-page-1/#comment-168 VeriSign Shares Fall After Appeals Court Remands Case - Wall Street Journal | Internet Domain Name Money Marketing Mon, 08 Jun 2009 22:25:44 +0000 http://codepad.classhelper.org/?p=566#comment-168 [...] Open Letter to Tucows on Trademark Infringement at Codepad - The … [...] [...] Open Letter to Tucows on Trademark Infringement at Codepad – The … [...]

]]> By: Phil http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/comment-page-1/#comment-167 Phil Mon, 08 Jun 2009 13:32:13 +0000 http://codepad.classhelper.org/?p=566#comment-167 In this case, Tucows is actually the owner of the domain. After the original owner let it expire, they added it to their "domain portfolio." I attempted to purchase it as soon as it expired in the first place, but Tucows retained it for their own purposes. Tucows operates their domain portfolio as "yummynames.com", which is billed as a domain marketplace. While I don't object to their sale of the domain for non-infringing purposes, I strongly believe its current use infringes on my existing trademark. Thanks for your thoughts! In this case, Tucows is actually the owner of the domain. After the original owner let it expire, they added it to their “domain portfolio.” I attempted to purchase it as soon as it expired in the first place, but Tucows retained it for their own purposes.

Tucows operates their domain portfolio as “yummynames.com”, which is billed as a domain marketplace. While I don’t object to their sale of the domain for non-infringing purposes, I strongly believe its current use infringes on my existing trademark. Thanks for your thoughts!

]]> By: William http://codepad.classhelper.org/open-letter-to-tucows-on-trademark-infringement/566/comment-page-1/#comment-165 William Mon, 08 Jun 2009 08:26:10 +0000 http://codepad.classhelper.org/?p=566#comment-165 Tucows is simply the Registrar, not the owner of the Domain. You really should have bought this domain earlier if you were serious about your business. Your best bet now would be to file a WIPO Copyright Infringement claim. Be warned though, its a long and complicated procedure. A potential problem is that your claim can be negated if the actual Registrant of the Domain removed it from parking and start posting actual content. Good Luck! Tucows is simply the Registrar, not the owner of the Domain.

You really should have bought this domain earlier if you were serious about your business.

Your best bet now would be to file a WIPO Copyright Infringement claim. Be warned though, its a long and complicated procedure.

A potential problem is that your claim can be negated if the actual Registrant of the Domain removed it from parking and start posting actual content. Good Luck!

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