Working With CADNA
I think there are reasons why people might want to consider supporting CADNA in their public goal of defeating cybersquatters and domain tasting/kiting. I believe most of the big organizations that support CADNA are simply trying to protect their brands/trademarks rather than go after generic domain names. Although Dell probably would kill for Computers.com or CustomComputers.com, they are more interested in making sure a typo name like DelComputer.com isn’t owned by someone other than them.
Dell (and similar companies) believe when a web surfer types that in to their browser, they are actually trying to get to Dell, so why should they have to pay to correct the error, and why should a cybersquatter be able to direct traffic to other computer companies when the person is looking for Dell and not someone else?
On their press release, CADNA stated, Cybersquatting is defined “as the bad-faith registration of a domain name that includes or is confusingly similar to someone else’s trademark.” This leads me to believe they want to protect trademark holders from obvious infringing domain names. As it stands at the present time, the domain tasting loophole basically allows people to register domain names for 5 days or less, and then they can drop these names. They are able to test the traffic, and they can make business decisions on which names to keep based on traffic, revenue, and of course the risk in owning it.
As of yet, trademark holders have been unable to act fast enough to respond to domain tasters, and that is where the problem is. I think there are significant hurdles that need to be overcome, as there is much grey area. For example, would Dell believe that a name like Del.com infringed on their trademark simply because the spelling was similar? I know that Dell owns Del.com, but what if they didn’t and the name were parked? There are many examples like this, and those would have to be overcome.
However, in the short run, I think it would be in our best interest to work alongside with CADNA, to ensure domain owner rights are kept in mind, while trying to stop people who blatantly trample on the rights of trademark holders using the domain tasting loophole.
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