Author: Andrew Allemann 7 Comments October 17, 2024

Judge rules domain owner engaged in cybersquatting.

A judge has ruled in favor of Automobili Lamborghini SpA by granting a motion for summary judgment regarding the domain name lambo.com.

In 2022, Lamborghini successfully resolved a dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP) concerning the lambo.com domain. The domain’s owner subsequently initiated legal action to contest the ruling.

The automobile manufacturer submitted a motion for summary judgment in the ongoing case, which the judge approved in a decision made public today.

Richard Blair, who purchased the domain for $10,000 in 2018, claimed that he was recognized as “Lambo” and utilized that name as a username on the domain forum NamePros. However, the court pointed out that he only adopted that nickname after acquiring the domain:

Blair contends that he started using the “Lambo” name before Lamborghini initiated the UDRP proceedings. Nevertheless, this point is irrelevant. A party’s use of a domain name as a nickname can be deemed indicative of good faith only if such usage took place prior to the Plaintiff’s acquisition of the domain name…Blair did not provide proof that he started using the name “Lambo” before he bought the disputed domain.

The courts examine various factors under the Anticybersquatting Consumer Protection Act (ACPA). The judge determined that only two of these factors were in Blair’s favor: he has no previous record of cybersquatting and he did not provide misleading contact details.

In my opinion, this is an unfortunate ruling. The court has not demonstrated that Blair acquired the domain name with ill intent. The timing of his adoption of the nickname ‘Lambo’ post-purchase is irrelevant. He is not violating any trademark. If Lamborghini believed the name was so essential to them, why didn’t they secure it many years ago when they registered Lamborghini.com? Did they take adequate steps to obtain the name before Blair?

Before Blair acquired the domain name, it had been owned for an extended period by an individual named “John Lambeth.” Considering the previous registrant’s last name, it doesn’t take much imagination to speculate on the historical context surrounding the situation.

October 17, 2024 at 6:46 pm

This situation is clearly indicative of bad faith, resembling an obvious case of squatting. It’s a disgrace to the domain industry that such an issue made it to court.

October 19, 2024 at 6:29 am

This detail isn’t highlighted in the article, but the landing page for lambo.com indicates that it is currently on the market, with a price set at US$75,000. Does that seem like an action taken by someone who intended to use it personally? To me, it feels more akin to domain squatting.

October 20, 2024 at 4:50 pm

That would be 75 million

October 19, 2024 at 9:50 am

Many individuals with a five-letter name that is marketable are inclined to sell it for the highest price they can achieve. This is perfectly acceptable, provided they are not violating any trademarks.

What exactly grants Lamborghini the ownership of the name ‘Lambo’? Was Lamborghini originally referred to as ‘Lambo’? (I am uncertain about this). If that was the case, why didn’t they attempt to acquire that name right from the start?

Furthermore, with the multitude of domain extensions now available, does Lamborghini possess all the ‘lambo’ extensions? If so, what about the dot com?

Also, in relation to hashtags, how do they differ from domain extensions? Both serve to direct users to online content. Would Lamborghini take issue with the use of #lambo?

What would happen if a theatre in South Africa or New Zealand were named ‘The Lambo’? Would they be permitted to incorporate the name Lambo in their advertising?

I am eager to find answers to these inquiries.

October 19, 2024 at 9:52 am

Correction: “If not, what about the dot com then?” …. “If not, WHY the dot com then?”

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