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Verisign typo-squats
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Is there not a potential for a class action lwasuit against Verisign here on behalf of all the holders of registered and common law trademarks and service marks for trademark / servicemark infringement?
From an IP prespective what is the difference if this is done by registering many domain names or by trapping the traffic at the registry level. The result is that same. The traffic intended to the trademark / servicemark holder is redirected to a pay per click serach engine for the benefit of the typosquatter of cybersquatter.
With a deep pocketed target such as Verisign how long is there before some enterpreneurial law firm or group of law firms launches the largest class action lawsuit ever, with members of the class ranging from mom and pop start ups to multinational corporations.
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That would need to be determined in the courts.
I don't see "registry exemption" alowing a registry to register domains on thier own account and then redirecting them to a pay per click search engine in order to profit from other companies TM's and SM's. By the way here is the section of the US ACPA.
"The domain name registrar or registry or other domain name authority shall not be liable for injunctive or monetary relief under this paragraph except in the case of bad faith or reckless disregard, which includes a willful failure to comply with any such court order."
And one must keep in mind that this is worldwide, with the potential for class action in many countries other than the US.
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