Comments on: Apple Domain Owner Creates YouTube Response to UDRP Loss http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712 Domain blog featuring domain investing strategy, domain valuation, and domain development commentary from Elliot Silver, founder of Top Notch Domains, LLC. Fri, 10 Feb 2012 02:13:21 +0000 hourly 1 By: Marc http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-27871 Marc Fri, 25 Jun 2010 23:00:13 +0000 http://www.elliotsblog.com/?p=4671#comment-27871 Companies TRADEMARK names for a reason, to keep idiots like this from leeching off them. Does not matter if he was promoting, do you think he did a better job than Apple? If I had a company and went through the legal paperwork and expense to trademark (protect) my company name only to have some knucklehead put up some crappy blog trying to ride my coat tails I would sue his ass! So many Internet Marketing "gurus" are preaching this "company name/product domain" method, not good for innocent people trying to make a buck as it is going to cause a lot of probs down the line now that Apple has successfully showed that companies with the Trademark do in fact have the upper hand as the law protects them. It's common sense, just because it is on the internet does not mean total anarchy. Companies TRADEMARK names for a reason, to keep idiots like this from leeching off them. Does not matter if he was promoting, do you think he did a better job than Apple?

If I had a company and went through the legal paperwork and expense to trademark (protect) my company name only to have some knucklehead put up some crappy blog trying to ride my coat tails I would sue his ass!

So many Internet Marketing “gurus” are preaching this “company name/product domain” method, not good for innocent people trying to make a buck as it is going to cause a lot of probs down the line now that Apple has successfully showed that companies with the Trademark do in fact have the upper hand as the law protects them.

It’s common sense, just because it is on the internet does not mean total anarchy.

]]> By: Jorlando http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17604 Jorlando Thu, 14 Jan 2010 03:04:30 +0000 http://www.elliotsblog.com/?p=4671#comment-17604 I agree, if you are an affiliate and re-seller of the products, you can use the tm in the domain name, just like FastFrame, being a corporation, offers people to be re-sellers, and therefore, also offers the resellers to register domains with the "fastframe" mark in the domain: FASTFRAMEFITNESS.COM FASTFRAMEFAIROAKS.COM FASTFRAMEETC.COM FASTFRAMEEAGAN.COM FASTFRAMEDR.COM FASTFRAMEDENVILLE.COM FASTFRAMECOSTAMESA.COM FASTFRAMECHICAGO.NET FASTFRAMECHICAGO.COM FASTFRAMECHESTERFIELD.COM FASTFRAMECHESTER.COM FASTFRAMECHARLOTTE.COM FASTFRAMECENTRAL.COM FASTFRAMECAMARILLO.COM FASTFRAMEBYCARLOSANDTROY.COM FASTFRAMEBUILDINGS.COM FASTFRAMEBROOKFIELD.COM FASTFRAMEBELAIR.COM FASTFRAMEAUSTIN.COM FASTFRAMEASHVILLE.COM FASTFRAMEASHEVILLE.COM FASTFRAMEARLINGTON.COM FASTFRAMEARIZONA.COM FASTFRAMEAFRICA.COM FASTFRAME532.COM FASTFRAME4YOU.COM FASTFRAME485.COM FASTFRAME391.COM FASTFRAME382.COM FASTFRAME350.COM FASTFRAME2.COM FASTFRAME139.COM FASTFRAME123.COM FASTFRAME109.COM FASTFRAME.NET FASTFRAME.COM FASTFRAME-WB.COM FASTFRAME-W.COM FASTFRAME-STC.COM FASTFRAME-SANMATEO.COM FASTFRAME-PALOS.COM FASTFRAME-P.COM FASTFRAME-NORTHBROOK.COM FASTFRAME-MH.COM FASTFRAME-L.COM FASTFRAME-K.COM FASTFRAME-IL.COM FASTFRAME-GF.COM FASTFRAME-BF.COM FASTFRAME-AH.COM I agree, if you are an affiliate and re-seller of the products, you can use the tm in the domain name, just like FastFrame, being a corporation, offers people to be re-sellers, and therefore, also offers the resellers to register domains with the “fastframe” mark in the domain:

FASTFRAMEFITNESS.COM
FASTFRAMEFAIROAKS.COM
FASTFRAMEETC.COM
FASTFRAMEEAGAN.COM
FASTFRAMEDR.COM
FASTFRAMEDENVILLE.COM
FASTFRAMECOSTAMESA.COM
FASTFRAMECHICAGO.NET
FASTFRAMECHICAGO.COM
FASTFRAMECHESTERFIELD.COM
FASTFRAMECHESTER.COM
FASTFRAMECHARLOTTE.COM
FASTFRAMECENTRAL.COM
FASTFRAMECAMARILLO.COM
FASTFRAMEBYCARLOSANDTROY.COM
FASTFRAMEBUILDINGS.COM
FASTFRAMEBROOKFIELD.COM
FASTFRAMEBELAIR.COM
FASTFRAMEAUSTIN.COM
FASTFRAMEASHVILLE.COM
FASTFRAMEASHEVILLE.COM
FASTFRAMEARLINGTON.COM
FASTFRAMEARIZONA.COM
FASTFRAMEAFRICA.COM
FASTFRAME532.COM
FASTFRAME4YOU.COM
FASTFRAME485.COM
FASTFRAME391.COM
FASTFRAME382.COM
FASTFRAME350.COM
FASTFRAME2.COM
FASTFRAME139.COM
FASTFRAME123.COM
FASTFRAME109.COM
FASTFRAME.NET
FASTFRAME.COM
FASTFRAME-WB.COM
FASTFRAME-W.COM
FASTFRAME-STC.COM
FASTFRAME-SANMATEO.COM
FASTFRAME-PALOS.COM
FASTFRAME-P.COM
FASTFRAME-NORTHBROOK.COM
FASTFRAME-MH.COM
FASTFRAME-L.COM
FASTFRAME-K.COM
FASTFRAME-IL.COM
FASTFRAME-GF.COM
FASTFRAME-BF.COM
FASTFRAME-AH.COM

]]> By: UDRPtalk http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17601 UDRPtalk Thu, 14 Jan 2010 02:09:17 +0000 http://www.elliotsblog.com/?p=4671#comment-17601 @Freddy Yes. BTW, www.MacMall.com & www.MacZone.com are excellent examples of using the "mac" trademark within the domain. @Freddy Yes.

BTW, http://www.MacMall.com & http://www.MacZone.com are excellent examples of using the “mac” trademark within the domain.

]]> By: Freddy http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17599 Freddy Thu, 14 Jan 2010 01:46:38 +0000 http://www.elliotsblog.com/?p=4671#comment-17599 @udrptalk it's MUCH easier to point the finger isn't it ? @udrptalk it’s MUCH easier to point the finger isn’t it ?

]]> By: UDRPtalk http://www.elliotsblog.com/apple-domain-owner-creates-youtube-response-to-udrp-3712#comment-17596 UDRPtalk Thu, 14 Jan 2010 01:26:11 +0000 http://www.elliotsblog.com/?p=4671#comment-17596 @Freddy You have a very valid point, and I want to commend you for not going along with the "wolf pack" mentality here. I believe that if you are conducting yourself as a value added partner by promoting and marketing the trademark owner's products under a variation of the trademarked domain, then it should be considered legitimate and fair use. Unfortunately, trademark owners take advantage of naive people like Daniel Bijan to use the system to "legally steal" domain property which is being fairly used. In the end, it's about presentation. If he had responded, perhaps a panelist would have realized that he is a valid affiliate of eBay which in turn is an affiliate of Apple, and perhaps he would have won. @Freddy You have a very valid point, and I want to commend you for not going along with the “wolf pack” mentality here.

I believe that if you are conducting yourself as a value added partner by promoting and marketing the trademark owner’s products under a variation of the trademarked domain, then it should be considered legitimate and fair use.

Unfortunately, trademark owners take advantage of naive people like Daniel Bijan to use the system to “legally steal” domain property which is being fairly used.

In the end, it’s about presentation. If he had responded, perhaps a panelist would have realized that he is a valid affiliate of eBay which in turn is an affiliate of Apple, and perhaps he would have won.

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