Having said that, one can only hope that by "investigating" the issue, ICANN realizes that the business processes and policies that allow domain tasting to occur in the first place is hurting the Internet as a whole, allowing "bad actors" to game the system and turn the Internet into something that shouldn't have happened otherwise.
Re: ICANN Investigating Domain TastingJohn Berryhill – Aug 12, 2007 1:20 AM PST
That might be the case if the domains in question aren’t getting any traffic, but if they are then they’re not going to be deleted by the registrar…
Traffic = revenue, which is why the tasters do it, or did I miss something?
No, you didn't miss anything. The "crisis" of not being able to do anything about a domain name which lasted less than five days, and which nobody visited, is something of a zen koan…
...If a domain name lasted for five days and received no traffic, then did it violate a trademark?
Try this experiment at home. Take out a marker and a white t-shirt. Write\"Calvin Klein" on the t-shirt.
Now, put a price tag on the t-shirt that says, "Sale Price - $1.00"
Next, hang the t-shirt in the back of your closet for four days.
At the end of the four days, throw away the t-shirt.
When you are done, send a letter to Calvin Klein's attorneys telling them how you were "infringing" their trademark for four days by offering to sell a t-shirt that nobody saw.
Jay Westerdal writes on The DomainTools Blog that:
"Today was the largest Domain Tasting day ever. We recorded over 8 Million Transactions today. This is a new high. We have never seen 8 Million transactions on one day before."
Re: ICANN Investigating Domain TastingKeynes – Aug 14, 2007 7:11 AM PST
John Berryhill said:
Try this experiment at home. Take out a marker and a white t-shirt. Write\"Calvin Klein" on the t-shirt.
Now, put a price tag on the t-shirt that says, "Sale Price - $1.00"
Next, hang the t-shirt in the back of your closet for four days.
At the end of the four days, throw away the t-shirt.
When you are done, send a letter to Calvin Klein's attorneys telling them how you were "infringing" their trademark for four days by offering to sell a t-shirt that nobody saw.
See if they care.
Classic!
If companies are serious about their IP, they should try and register a broad array of their own typos - and if they are tasted and dropped, this suggests two major points: 1) The domain was available to reg, and so the company could have done so 2) If the traffic/rev doesn't justify reg fee, it's probably not highly valuable in absolute terms. I can see a need for reform in this space, but I also feel there are simpler remedies than UDRP in many cases.
Re: ICANN Investigating Domain TastingJohn Berryhill – Aug 16, 2007 6:59 AM PST
I'm not sure the point was made clear. What is the point of a UDRP, or anything else, relative to a domain name which existed for five days, received no traffic, and was de-registered.
If you want to talk about silly things that attorneys do, check out the recent rash of UDRP cases filed by Red Bull at WIPO in which they habitually request "cancellation" of the disputed domain name. This UDRP option has the sole effect of placing the domain name onto the "deleting domains" lists, so that it is a virtually certainty the domain name will be re-registered by someone else.
John Levine authored a very good post on Domain Tasting here on CircleID back in May 2006:
http://www.circleid.com/posts/domain_in_bad_taste/
Having said that, one can only hope that by "investigating" the issue, ICANN realizes that the business processes and policies that allow domain tasting to occur in the first place is hurting the Internet as a whole, allowing "bad actors" to game the system and turn the Internet into something that shouldn't have happened otherwise.
$.02,
- ferg
That might be the case if the domains in question aren’t getting any traffic, but if they are then they’re not going to be deleted by the registrar…
Traffic = revenue, which is why the tasters do it, or did I miss something?
No, you didn't miss anything. The "crisis" of not being able to do anything about a domain name which lasted less than five days, and which nobody visited, is something of a zen koan…
...If a domain name lasted for five days and received no traffic, then did it violate a trademark?
Try this experiment at home. Take out a marker and a white t-shirt. Write\"Calvin Klein" on the t-shirt.
Now, put a price tag on the t-shirt that says, "Sale Price - $1.00"
Next, hang the t-shirt in the back of your closet for four days.
At the end of the four days, throw away the t-shirt.
When you are done, send a letter to Calvin Klein's attorneys telling them how you were "infringing" their trademark for four days by offering to sell a t-shirt that nobody saw.
See if they care.
Ironically, I ran across this tidbit today.
Jay Westerdal writes on The DomainTools Blog that:
"Today was the largest Domain Tasting day ever. We recorded over 8 Million Transactions today. This is a new high. We have never seen 8 Million transactions on one day before."
More here.
- ferg
John Berryhill said:
Classic!
If companies are serious about their IP, they should try and register a broad array of their own typos - and if they are tasted and dropped, this suggests two major points: 1) The domain was available to reg, and so the company could have done so 2) If the traffic/rev doesn't justify reg fee, it's probably not highly valuable in absolute terms. I can see a need for reform in this space, but I also feel there are simpler remedies than UDRP in many cases.
Bradley
Part of the issue is the cost of taking a UDRP. It's prohibitive for smaller businesses compared to the costs of a DRS with Nominet, for example
Michele
I'm not sure the point was made clear. What is the point of a UDRP, or anything else, relative to a domain name which existed for five days, received no traffic, and was de-registered.
If you want to talk about silly things that attorneys do, check out the recent rash of UDRP cases filed by Red Bull at WIPO in which they habitually request "cancellation" of the disputed domain name. This UDRP option has the sole effect of placing the domain name onto the "deleting domains" lists, so that it is a virtually certainty the domain name will be re-registered by someone else.
The amount of dumbth in this field is staggering.