Andrew Allemann Leave a Comment November 4, 2024

An explanation of generic or descriptive uses of a domain name can be beneficial in defending against cybersquatting claims.

In UDRP cybersquatting cases, the content on your for sale landing page can be significant.

Complainants frequently argue that the listing of a domain for sale serves as evidence of bad faith registration. However, this is not always true. Individuals can acquire generic, descriptive, or concise domains for the purpose of resale without breaching the policy.

One effective way to communicate your intentions for a domain is by detailing its potential applications on the sales page.

For instance, in a recent case that was ruled in favor of the owner of afer.com, the panelist highlighted that the owner had included a note on the landing page regarding the descriptive uses of the domain.

According to the Wayback Machine, it is uncertain whether this note was present at the time the case was submitted. However, having such a message could be beneficial.

While the panelist did not mention this note in the bad faith portion of the ruling, it may have played a role in shaping her overall decision.

Currently, two platforms that offer the option of custom descriptions are Atom and Etsy. Atom utilizes AI to generate descriptions, which may lead to problems similar to those created by pay-per-click algorithms.

Dan.com once permitted descriptive statements like these, whereas GoDaddy does not follow suit.

It might be beneficial to craft descriptions that clarify the general or descriptive purposes of a domain name, particularly for your more valuable assets. However, I advise caution: this approach will not legitimize true cybersquatting. Simply offering an explanation for owning a domain like coca-cola-something.com will not suffice.

Categories: Policy & Law Tags: Atom, Etsy, landing pages, udrp

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