Enjoy unlimited access to all forum features for FREE! Optional upgrade available for extra perks.

Does Sedo portal infringe TMs?

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

  1. fuzzer United Kingdom

    fuzzer Active Member

    Joined:
    May 2013
    Posts:
    818
    Likes Received:
    63
    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

    Joined:
    1999
    Messages:
    Many
    Likes Received:
    Lots
    IWA Meetup
     
  3. RobM

    RobM Retired Member

    Joined:
    Mar 2012
    Posts:
    3,273
    Likes Received:
    470
    Yes. You can lose domains because of what sedo lists on your page.
     
    • Like Like x 1
    • Useful Useful x 1
  4. Murray

    Murray Well-Known Member

    Joined:
    Sep 2012
    Posts:
    4,261
    Likes Received:
    432
    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."
     
    • Useful Useful x 1
  5. RobM

    RobM Retired Member

    Joined:
    Mar 2012
    Posts:
    3,273
    Likes Received:
    470
    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.
     
    • Informative Informative x 1
    • Useful Useful x 1
  6. fuzzer United Kingdom

    fuzzer Active Member

    Joined:
    May 2013
    Posts:
    818
    Likes Received:
    63
    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

    Joined:
    Apr 2006
    Posts:
    304
    Likes Received:
    5
    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

    Joined:
    Aug 2016
    Posts:
    456
    Likes Received:
    80
    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
     
    • Like Like x 2
  9. Skinner

    Skinner Well-Known Member

    Joined:
    Jul 2008
    Posts:
    4,616
    Likes Received:
    140
    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.
     
  10. Jessie David

    Jessie David New Member

    Joined:
    Nov 2017
    Posts:
    1
    Likes Received:
    0
    i agree with the last post