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Traverse Legal's Enrico Schaefer featured on vTalkRadio.com. Here he explains how to protect your domain name and trademarks from theft or cybersquatting on the internet. ...
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Traverse Legal's Enrico Schaefer featured on vTalkRadio.com. Here he explains how to protect your domain name and trademarks from theft or cybersquatting on the internet. ...
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3 Comments
Tell a friend
Bury
Comments
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This entire podcast was paid for and obviously scripted by the 'internet' lawyer being interviewed here. IMO, he's legal squatting on the domain name law market, trying to make a buck. Although he may sound like he's quoting the law, he's really just promoting his legal services. He's a domainer hater and he's making the domaining business appear as if it is full of scum and slime similar to what is found in his own industry. Give it a listen and see what you think. My advice to anyone who has a dispute with a registered domain name is to first try and handle it by contacting the person directly who currently holds the registration and see what that person's plan is for the domain name and explain your concern. Afterall, we are all humans here.. Before getting a lawyer involved one must remember that domain names are worldwide assets and there is not enough case-law on the books yet to support many of the types of claims being made by lawyers in this sector of the legal industry. As a domainer one should certainly keep their ear out for recent judgments and decisions coming out of the courts in regard to cyber-theft, TM-squatting, and typo-domaining. I for one do not practice typo or TM registering but I will say that I do expect the number of 'domain' lawyers to grow moving forward, and if TM/typ-reg is your thing don't be intimidated by these people. If a lawyer is trying to take your right to registration away from you based on frivilous 'non-law' allegations, be prepared to fight in court. This area of law is wide open right now, and those with the funds to present a logical case in court will be shaping the future law to come.
That is one very biased clip, I agree. Great note to ponder on but the problem is that anyone with $$, especially big companies can sue someone for trademark infringement, whether the other party is right or wrong. Now, the party on the receiving end has to foot out $$ to defend his case. This costs money and most of the time, even if the accused can very well win the case, he/she won't bother defending it (unless it is a very valuable domain) and having to pay tens of thousands in unclaimable legal fees. A friend of mine received a C&D letter from a big company for one of his generic phrase domain and just to defend it will cost him $20,000. He is seriously contemplating letting the big bully have the domain.
My heart goes out to those who have had domain names stolen. It is not easy to get it back - especially if you've dealt with Network Solutions. Agreed, most webmasters don't have the bucks to appoint a good lawyer (the emphasis being on GOOD) but there are times when they are the last option. I dislike being in that situation now, trying to get a valuable domain back.