Comments on: Auto-generated websites equal bad faith under the UDRP http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/ Occasionally irreverent thoughts on law, liberty, tech, and politics Tue, 15 Dec 2009 16:01:49 +0000 http://wordpress.com/ hourly 1 By: marcorandazza http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/#comment-5806 marcorandazza Fri, 11 Apr 2008 21:05:36 +0000 http://randazza.wordpress.com/?p=825#comment-5806 <b>You ride? Awesome! Yes! Right now, I've been off the bike for recreational purposes a bit... I ride it to work, but not for fun. My fiancée is pregnant, and I spend my free time getting her crackers, running to the grocery store, wiping her forehead with a towel, etc... But, I definitely need a social ride! You ever go to the Steak And Shake bike night on Thursdays? 436 and Aloma at 7-10 a lot of bike guys get together. As far as my occupation goes... heh... yes, maybe I do see the jaded side of things. Regarding "motorcylcegear.com" -- as a example... that’s not necessarily so bad. It is generic or super descriptive... so anyone who goes there is looking for "motorcycle gear." All is well in a trademark sense. But, when it is motoguzzi.com, I think we agree that we have another story. I see your point about the direct nav. model. But, I think that the direct navigation model is, at present, still needing to evolve a little bit before it works effectively. I see the theory as valid... if I search for motorcycle gear on google, I might wind up at a blog on motorcycle gear, or a non commercial site... and darn it, I want to buy motorcycle gear, not read about it. The problem is that, at present, these auto-generated parking pages seem to run on a theory that he who bids the most from placement goes to the top. But, the user must cruise through popups and irrelevancies in order to get to wherever he or she was going in the first place. What I like about them is that it takes the power away from the "googlerithm" and gives it to the marketplace. But, the googlerithm and other search engines at least give you some benefit from the "wisdom of crowds." Thus, I don't see the utility in "find something interesting" or "find what you're looking for" pages... because i have not, to date, ever found one that sent me anywhere interesting, nor anywhere that was close to what I was looking for.</b> You ride? Awesome! Yes!

Right now, I’ve been off the bike for recreational purposes a bit… I ride it to work, but not for fun. My fiancée is pregnant, and I spend my free time getting her crackers, running to the grocery store, wiping her forehead with a towel, etc…

But, I definitely need a social ride! You ever go to the Steak And Shake bike night on Thursdays? 436 and Aloma at 7-10 a lot of bike guys get together.

As far as my occupation goes… heh… yes, maybe I do see the jaded side of things.

Regarding “motorcylcegear.com” — as a example… that’s not necessarily so bad. It is generic or super descriptive… so anyone who goes there is looking for “motorcycle gear.” All is well in a trademark sense.

But, when it is motoguzzi.com, I think we agree that we have another story.

I see your point about the direct nav. model. But, I think that the direct navigation model is, at present, still needing to evolve a little bit before it works effectively.

I see the theory as valid… if I search for motorcycle gear on google, I might wind up at a blog on motorcycle gear, or a non commercial site… and darn it, I want to buy motorcycle gear, not read about it.

The problem is that, at present, these auto-generated parking pages seem to run on a theory that he who bids the most from placement goes to the top. But, the user must cruise through popups and irrelevancies in order to get to wherever he or she was going in the first place.

What I like about them is that it takes the power away from the “googlerithm” and gives it to the marketplace.

But, the googlerithm and other search engines at least give you some benefit from the “wisdom of crowds.” Thus, I don’t see the utility in “find something interesting” or “find what you’re looking for” pages… because i have not, to date, ever found one that sent me anywhere interesting, nor anywhere that was close to what I was looking for.

]]> By: Michael Collins http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/#comment-5805 Michael Collins Fri, 11 Apr 2008 19:32:07 +0000 http://randazza.wordpress.com/?p=825#comment-5805 >The ubiquitous “sponsored links” pages that have become the cockroaches of the internet. Perhaps one day they will evolve into useful search tools, but today they are not even close. Marc, Maybe your occupation causes you spend too much time on the wrong websites. The sponsored links that you see on sites like motorcyclegear.com are often the same as you would see at a major search engine. When you are looking to buy, the sponsored links are usually the quickest way to find a product or service. You are less likely to get sidetracked into a non-commerce site that wastes your time. Nice bike! If it's not too embarrassing for you, want to go riding with an old man on a Gold Wing sometime? >The ubiquitous “sponsored links” pages that have become the cockroaches of the internet. Perhaps one day they will evolve into useful search tools, but today they are not even close.

Marc,

Maybe your occupation causes you spend too much time on the wrong websites. The sponsored links that you see on sites like motorcyclegear.com are often the same as you would see at a major search engine. When you are looking to buy, the sponsored links are usually the quickest way to find a product or service. You are less likely to get sidetracked into a non-commerce site that wastes your time.

Nice bike! If it’s not too embarrassing for you, want to go riding with an old man on a Gold Wing sometime?

]]> By: Enrico Schaefer http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/#comment-5745 Enrico Schaefer Sat, 05 Apr 2008 20:26:23 +0000 http://randazza.wordpress.com/?p=825#comment-5745 I think the upshot is that respondents can simply rely on the "I do not control what links appear on my page" as an absolute defense to the bad faith argument. Domainers need to be aware that the software which generates the ad-links on their pages can hurt them in UDRP proceedings. The software is most likely to serve up ads similar to other domains which already have entrenched traffic. This will make those domains appear to be diverting traffic from established web sites, some of whom may claim prior trademark rights. If the domain is descriptive, but is also similar or identical to an established domain used by someone who could claim trademark rights by either registration or secondary meaning, the domainer has to make a decision. He/she could put up an ad-link site and risk and UDRP transfer. If the domain has strong value, the better decision is to simply hold it in the portfolio without content. A blank web site, or one offered generally for sale (and not specifically to the trademark holder), is pretty safe from transfer assuming it is truly descriptive. I think the upshot is that respondents can simply rely on the “I do not control what links appear on my page” as an absolute defense to the bad faith argument. Domainers need to be aware that the software which generates the ad-links on their pages can hurt them in UDRP proceedings. The software is most likely to serve up ads similar to other domains which already have entrenched traffic. This will make those domains appear to be diverting traffic from established web sites, some of whom may claim prior trademark rights.

If the domain is descriptive, but is also similar or identical to an established domain used by someone who could claim trademark rights by either registration or secondary meaning, the domainer has to make a decision. He/she could put up an ad-link site and risk and UDRP transfer. If the domain has strong value, the better decision is to simply hold it in the portfolio without content. A blank web site, or one offered generally for sale (and not specifically to the trademark holder), is pretty safe from transfer assuming it is truly descriptive.

]]> By: Marc J. Randazza http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/#comment-5723 Marc J. Randazza Wed, 02 Apr 2008 20:57:53 +0000 http://randazza.wordpress.com/?p=825#comment-5723 <b>Such is true. I'm not sure that the sponsored links necessarily show bad faith registration. It might, on the other hand, be evidence thereof... or at least lend weight to that argument. But no, I don't think that it is an automatic, "badda bing." A weak mark... you may have a point. For example, lets say someone registered www.apple.asia (still available, apparently) and there was a sponsored links page with links to pages about apples, it seems like it might not be bad faith. On the other hand, if the sponsored links were to pages about computers... that's another story. </b> Such is true. I’m not sure that the sponsored links necessarily show bad faith registration. It might, on the other hand, be evidence thereof… or at least lend weight to that argument. But no, I don’t think that it is an automatic, “badda bing.”

A weak mark… you may have a point. For example, lets say someone registered http://www.apple.asia (still available, apparently) and there was a sponsored links page with links to pages about apples, it seems like it might not be bad faith.

On the other hand, if the sponsored links were to pages about computers… that’s another story.

]]> By: John L. Welch http://randazza.wordpress.com/2008/04/02/auto-generated-websites-equal-bad-faith-under-the-udrp/#comment-5721 John L. Welch Wed, 02 Apr 2008 11:54:09 +0000 http://randazza.wordpress.com/?p=825#comment-5721 Assuming that populating a website automatically with various links equals bad faith use of a domain name, does it prove anything about bad faith registration? What if the domain name consists of descriptive or generic words, and the links are in the field suggested by those words? The complainant must still prove bad faith registration, which may be difficult in the case of a weak, descriptive mark. Assuming that populating a website automatically with various links equals bad faith use of a domain name, does it prove anything about bad faith registration? What if the domain name consists of descriptive or generic words, and the links are in the field suggested by those words? The complainant must still prove bad faith registration, which may be difficult in the case of a weak, descriptive mark.

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