Cybersquatting class action

David Naffziger Apr 23, 2008

In June of 2007, a group of plaintiffs filed a class-action cybersquatting lawsuit against domain parking companies and Google (for providing the ads to the domain parking companies). As Eric Goldman states in his initial 07 analysis "I believe this is the first lawsuit against Google for its domainer relationships."

The case moved forward slightly last month as the judge denied a motion to dismiss most of the claims in the lawsuit (a few lesser claims were dismissed).

The case is still very unresolved, but it will be interesting to track.

Sarah Bird at SEOMoz has a stellar summary of the case and its implications. She highlights two takeaways:

You don't have to own or register the domain to have potential liability for cybersquatting under ACPA.

The Court seemed willing to treat domain parkers and ad-servers similar to the way courts have treated keyword triggered advertising: it's a use in commerce and a possible trademark infringement.

Topics: Affiliate Marketing, Trademark and Law

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