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1 comment

That's Part Of The Contract (1)

mr.dillinger (2542624) | about a year ago | (#42853049)

WIPO handles .COM domain disputes. Who else would he go to? Just because you don't support something doesn't mean you don't use it if that's the correct channel.

Ron Paul owns the trademark on his name. So if your name is Ron Paul then you have a strong case for fare use of the domain (the original owner had this). If it was a grass roots organization that did not do for profit work then it too would have a fair use argument (it is a for profit business though).

The truth is lots of people thought the .COM was his official site because it had his name and HIS FACE plastered all over it (read the angry people on the Facebook page). Not only that it was selling merchandise with his name and face all over it and taking donations (from many thousands of people apparently). This is a for profit business that is making a profit a profit from his name, likeness, trademark, and supporters. They contacted the trademark holder to sell the domain to him for a substantial profit (over $800,000) which is very much against the rules for trademarked .COM domains. They signed a legally binding agreement NOT to do this when the registered (or transferred) the domain. I know as I have done it hundreds of times.

He has every right to protect his trademark and avoid confusion by removing an "impostor" site. The most important reason for a trademark is to prevent "Likelihood of confusion" which certainly applies here. A big indicator of fraudulent registration is "not opportunistically trying to get value by using a well-known mark" which any site selling merchandise, advertising, and trying to contact the trademark owner to sell is certainly violating.
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