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GoDaddy user reviews : Advise I pay for GoDaddy?? Legal Decision Against Domainer And Registrar

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Read all about it: http://www.ilrweb.com/pfdocuments/il...navigation.pdf.

Rather interesting that the decision was also found against the registrar. To.

Think Network Solutions had 2 previous decisions of contributory infringement.

In their favor, but this one turned out different.

Then again, this is just a preliminary injunction. It ain't over 'til it's over...

Comments (7)

The registrar was apparently more than a passive service provider. In order to do tasting, which is what this suit was about and why it's not all that interesting to ordinary domainers, you need to have the registrar actively engaged in the process...

Comment #1

Tasters of typos - beware. Basically, you taste a typo and put up a website with paid links/other adverts, and the company finds out, they can sue and probably win... at least an injunction. Sounds like a snowflakes chance in hell of winning the "no bad faith" argument That's like stealing an apple in a marketplace, getting caught, and stealing another on the way to jail... Is that the main reason the Registrar was caught in the middle? Deleting names during add grace period rather than at registration? Wouldn't that in effect put all Registrars at risk of typo squatters using their service to taste domains and getting them in trouble? Sounds to me like if this ruling goes all the way, Registrars that allow tasting would essentially have to police any names registered, BEFORE registration, to absolve culpability! Sounds like an unreasonably tough sanction on registrars if you ask me...could this be a precursor to the end of tasting?.

I know if I were a registrar, I would not want to be put as risk by tasting... would it be possible to craft a T.O.S. that can absolve them of culpability?.

Also, isn't this along the same lines as the 3 registrars that were sued by Dell and others?..

Comment #2

Unfortunately no TOS can save them as long as it can be shown they've done.

What the registrar in this case did. And to think there's a section in ACPA (uh,.

I think) that supposedly protects them from this sort of thing.

Apparently it doesn't if the registrar itself is "actively involved" in it...

Comment #3

And "tasting" as it stands requires active involvement from the registrar? In that case, my question about all registrars that allow tasting, is potentially liable for the taster's actions, is true?.

Sucks to be a registrar that allows tasting, if that's the case...

Comment #4

Potentially, anyway. Still up to the complaining party to demonstrate such...

Comment #5

Large scale tasting requires active and extensive registrar participation. The people who were registering thousands of domains per day were not some arms-length "customers" of a registrar that "allowed" tasting, since the tasting activity that was going on several months ago was by far the primary registration activity of the registrars involved...

Comment #6

...and still up to them to determine intent,which really isn't present in domain tasting, since there is no intent to register trademark typos. The intent is to register "stuff that people type" generally. But, given the way these things work out, it is difficult to get a court to understand that...

Comment #7


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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