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Trademark/Copyright

Discussion in 'General Domain Discussion' started by Nathan, Aug 29, 2011.

  1. Nathan

    Nathan Membership: Community

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    So I'm still learning about the .au domains, but I have a question... how can someone register a trademarked and/or copy written name?

    For example, on netfleet http://www.netfleet.com.au/index.php?a=auctions

    AngryBirds.com.au

    Why would someone actually buy that domain? I mean you're just asking for a delete... Cyber squatting much?
     
    Last edited: Aug 29, 2011
  2. James

    James Membership: VIP

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    very true it is a risk that people will be willing to take for traffic.

    The way around it is they can make a website about "Angry Brids in the wild" and have no connection with the game Angry Birds or something along those lines and try to get away with it.

    I think it also comes down to the fact is the domain registered as a trademark in Australia? Look at the groupon.com.au example.
     
  3. Nathan

    Nathan Membership: Community

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    I just don't understand why people do it, it's so annoying and discredits the real domainers, and these idiots give the industry a bad name.

    In relation to Groupon, you'll actually find under a whois search that it's Groupon that owns Groupon.com.au and states they are the "Trademark Owner"
     
    Last edited: Aug 29, 2011
  4. payattention

    payattention Archived Member

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    I think it's important to evaluate each domain on a per case basis. Look at nissan.com, it's a good example of what most people would assume is squatting at face value but is anything but infringement.
     
  5. Nathan

    Nathan Membership: Community

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    Just because in Aus we put Nissan with the car doesn't mean that is fact. Feel free to read the story http://www.digest.com/Big_Story.php

    Also AngryBirds.com.au has been registered AFTER the game and it's success not before hand...

    I do agree you have to evaluate each domain case by case, but when it's so obvious companies like this should be fined. (AngryBird.com.au Registrant XXXX)
     
    Last edited by a moderator: Oct 19, 2012
  6. James

    James Membership: VIP

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    Big case recently:

    http://www.smh.com.au/technology/bi...embroiled-in-legal-battle-20110513-1el7k.html
     
  7. Nathan

    Nathan Membership: Community

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    Interesting article James, thanks :)

    Reading that though, it's clear that they are squatting on groupon.com.au - they are using the existing reputation of the American brand to cyber squat on the domain to stop competition against their Scoopon, which is a complete rip off of Groupon, and they'll want to fight giving up the domain name otherwise Scoopon will go down the drain - but it's good publicity for Scoopon anyways, a way to advertise and stay in the news.

    The intent that Scoopon went to, to make sure they'll hold on to Groupon.com.au, I mean they didn't just register a domain, they registered a company and a trademark, so they knew what they were doing was wrong.

    It will be a case worth following though, it will set precede for similar cases, personally I'd be shocked if Scoopon win.
     
  8. neddy

    neddy Membership: VIP

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    auDA Member:
    Yes
  9. Nathan

    Nathan Membership: Community

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    Thanks for clearing that up, I thought it was the case, being that the whois search result shows it being Groupon's as per my previous post, however I'm still stuck on AngryBirds.com.au and the squatters that target names like this, I even saw VampireDiaries.com.au on SnapNames that someone bidded on, it's just stupid some of these users that target trademarked names, I hope they get what they deserve.
     
  10. johno69

    johno69 Membership: VIP

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    auDA Member:
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    The only trade marks of "Angry Birds" in AU are for Pet Toys & Clothing.

    You could most likely go and register a trade mark yourself for the term in games.
     
  11. Nathan

    Nathan Membership: Community

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    But then you are just registering the trademark in bad faith, doing what Scoopon did to Groupon.com.au
     
  12. johno69

    johno69 Membership: VIP

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    And how many millions did they sell it for?