Chip Rosenthal Wins Unicom Domain Name Case
Seth Schoen writes "As seen last month,
Chip Rosenthal (whom many people know for
Reply-to
Munging Considered Harmful, among other projects) was threatened
with the loss of his domain
name unicom.com.
He's now won in court and
will get to keep the domain, at least for the time being."
Sure, cybersquatting just to extort money out of a company or to otherwise do harm to a company is wrong; in these situations I think companies have legitimate beef with cybersquatters. However, let's not ignore that fact that this guy registered the domain in 1990!
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I have never been a fan of companies being able to override people who own domain names. First come, First serve should apply. Especially if the domain name was originally purchased before the company was even formed. A similar example was the newish Minnesota Wild NHL team sued a childrens magazine(titled Wild) even though the magazine was around for years before the team even existed. Crazy.
Companies should be checking domain name availability before coming up with names, either that or develop a more relaxed attitude to all the different TLD's. - I worked for too many firms that consider 300 odd names their right.
The thing that bothers me the most about this is how much time and money it cost Chip just to defend himself. How many of us have those resources? If someone came after one of my domains, I'd fight as much as I could on my own, but in the end would probably be forced to give up. Thats what these corporate types want. they have the money and the resources to do this. There needs to be a law to protect US from this behavior.
Don't Tread on Me
I think the big value in the Unicom v. Rosenthal decision is that it provides the independent web publisher some peace of mind that some company cannot reach out, claim jurisdiction, and make them fight a long-distance lawsuit. That's very expensive and very difficult.