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Does Sedo portal infringe TMs?

Discussion in 'Domain Name Disputes' started by fuzzer, Jan 6, 2017.

  1. fuzzer United Kingdom

    fuzzer Active Member

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    Say you have a semi-made-up brandable name which could arguably be used in any industry - but there is trademarks for the word in a few classes - could Sedo's portal page be seen as trademark infringement and used in a DRS case?

    Would appreciate any good advice - many thanks.

    sedoportal.jpg
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. RobM

    RobM Well-Known Member Exclusive Member

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    Yes. You can lose domains because of what sedo lists on your page.
     
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  4. Murray

    Murray Well-Known Member

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    In the case of Paramount - case no. D00013001

    It says

    "4.e "Sale of traffic (i.e. connecting domain names to parking pages and earning click-per-view revenue) is not of itself objectionable under the Policy. However, the Expert will take into account:
    i. the nature of the Domain Name;
    ii. the nature of the advertising links on any parking page associated with the Domain Name; and
    iii. that the use of the Domain Name is ultimately the Respondent’s responsibility

    The factors listed in Paragraphs 3 and 4 of the Policy are only intended to be exemplary and indicative. They are not definitive either way. It is Paragraph 1 of the Policy, which provides the applicable definition as indicated above."
     
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  5. RobM

    RobM Well-Known Member Exclusive Member

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    I have lost domains in the past because sedo search could be 'gamed'. ie if you searched enough for certain terms from varying ips eventually the domain would present things on landing related to that term which could then be used as proof of tm infringement. Basically if you're not sure don't put 3rd party ads or search portals on it.
     
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  6. fuzzer United Kingdom

    fuzzer Active Member

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    Thanks to you both - suspected as much but quite like the no hassle escrow service (although commissions could be a lot more reasonable). Frustrating that you can't seem to disable the portal/ads page entirely. Time to say bye to sedo I think.

    Tried DNS for a while - but with tons of enquiries and barely a response to any simple attempts to start a dialogue, I actually tried acting as an enquiry for one my own domains to see what it's like - found out that even if I just send a quick message (as seller) to the buyer, it's quite confusing for the buyer to reply without being forced to make an offer - think that puts a lot of them off.
     
  7. max_rk

    max_rk Active Member

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    One can loose domain by just registering it and not responding to DRS case. Sedo or any parking page is not helpful but in my view, (speaking from experience) is not a deciding factor. Parking domains is standard practice proven in previous cases and there has to be more that that to lose a domain.

    @RobM sorry about your domain name loss. I believe, above more so apply on parking page search.
     
  8. DomainManage

    DomainManage Active Member Acorn Supporter

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    This is why you should move your domains to a commission free domain parking and monetizeation platform like https://domainmanage.uk, instead of trying to make pennies a year via a few clicks. Del.ici.ous plug there...slurp
     
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  9. Skinner

    Skinner Well-Known Member

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    There is an exception in the DRS Policy which exempts "Standard Parking" pages, operated by an ISP, for example 123-Reg or GoDaddy (who include adverts I think), so these I believe wouldn't be an issue, but whereby you stand to profit, absolutely.