Around 1998 I registered a domain. Sony registered a trademark with the same name a few years after that. Someone on a Gmail account asked if he could buy it - I later found out he worked for Sony. I told him no - it's for a game I've been working on. I went on a vacation for a month and when I got back there was a fedex package filled with documents from Sony saying I'm violating their trademark and they'll take the domain.
I got a lawyer and he told me that I shouldn't offer it for sale as that would show the arbitration board that I don't need the domain. But he also told me that in order to fight the trademark it would probably cost a couple of hundred thousand dollars. So I could keep the domain but not use it for commerce...
In the end I ended up selling it to Sony but through my lawyer - I never stated it was for sale. But this was early on for domains and I wonder what the process is like now.
[0] https://www.npr.org/2025/09/03/nx-s1-5526903/domain-name-val...
UDRP:
https://www.icann.org/en/contracted-parties/consensus-polici...
The best example is changing the g in github.com to u.
That results in uithub.com making the data there LLM friendly. Is that considered infringement?
Look for interesting sounding domain names that are owned but not being used by individuals.
Create a product with the same name.
Sue the person with the domain name and take it from them.
Win, because you're big.
Archive.org it to see little man beating big corporation
> In compliance with a ruling issued by the United States District Court in Los Angeles on November 14, 2002, in the lawsuit of Nissan Motor Co., Ltd. v. Nissan Computer Corporation, this web site has been converted to non-commercial use.
And then this https://web.archive.org/web/20050701005403/http://www.nissan... says:
> Nissan Motor is suing Nissan Computer (named after its founder and current President, Mr. Uzi Nissan) for Trademark Infringement, Trademark Dilution and CyberSquatting, seeking 10 Million Dollars in damages
Besides this also indicate not so "little man".
It was a very good name and I think I had a solid case for keeping it, but I was not prepared to fight for it.
Anyway, you got $2k. That's way better than paying for lawyers and losing it anyway, isn't it?
https://en.wikipedia.org/wiki/Nissan_Motors_v._Nissan_Comput...
Not automatically, but you can attempt to get them back through the court.
You might be able to recover court costs via further legal action, but they tend to be minuscule in comparison to lawyer fees, and recovering them will cost you additional lawyers fees.
My understanding is that trademarks are about the term being recognised "in common", while a ® is once you pay money to your govt's department for the fancy paper. Hence, if you registered <cool name>.com and sold said cool named game, you already have a trademark simply because you're the author. (Of course, money for lawyers and proving things in court isn't free, but you have legal grounds to stand on nonetheless.)
>If you're offering it for sale, you're clearly not using it for commerce. [...]
>if you're selling a domain and someone has a trademark for it, you should have to hand it over. Hell, I'd argue that should apply even without a trademark [...]
I disagree, but they made a point and did so clearly.
Why that person felt someone else's chosen commercial use of a domain should trump anyone's non-commercial (or less commercial) use, I don't know.
All business assets are for sale at the right price, right? Even whilst living by the business at a particular domain, I'd have sold that domain for £200k, probably a lot less. Same as for any business asset, even (especially?) those in commercial use.
It's like concert tickets or any other limited resource that is transferable, "society" generally wants most people to have access to them but if they're too cheap then it's easy for one rich person to just buy them all.
Anyways, domain names are perhaps less limited these days (and google/claude kind of remove user's direct interaction anyways) if the usage of non-dotcoms are anything to go by. Also it's super hard to distinguish personal private use vs squatting.
Does publicly listing a domain for sale mean you'd automatically lose a UDRP arbitration if someone has a trademark for it?
No. A public sale listing is not an automatic loss. Here's how panels actually decide these cases.
The controlling rule
Bad faith based on a sale offer requires that the domain was registered primarily for the purpose of selling to the trademark owner (or a competitor) for more than out-of-pocket costs. Two things must be true at once: (1) the primary purpose of registration was to sell, and (2) the target was that specific trademark holder. A generic public listing on Sedo or Afternic doesn't automatically satisfy either requirement. (WIPO Overview 3.1; UDRP Perspectives 3.5)
What panels actually look at
No single factor decides it. Panels weigh all of these:
How distinctive is the trademark? A coined word like KODAK is treated very differently from a generic term like CLOUD.
Did the registrant plausibly know about the mark when registering? Famous marks raise this inference; obscure marks don't.
Was the offer directed at the trademark owner specifically, or listed publicly for any buyer?
Does the asking price only make sense if the trademark owner is the buyer, or is it consistent with general market prices?
Does the registrant hold a broader portfolio of generic/descriptive domains, or a collection of brand-matching ones?
Was the domain registered after the mark became well-known, or before?
Is there a credible non-trademark reason to want the domain?
Things that do NOT automatically mean bad faith
Listing a domain publicly for sale (UDRP Perspectives 3.5)
Asking a high price (UDRP Perspectives 3.5; WIPO Overview 3.1.1)
Even reaching out to the trademark owner directly — panels look at whether multiple parties were approached and whether the registration was brand-specific (UDRP Perspectives 3.5)
Wanting to profit — legitimate domain investing is a recognized lawful activity under UDRP (UDRP Perspectives 2.6)
When the calculus shifts against you
The harder cases are where the domain is identical to a highly distinctive coined brand, there's no plausible use for the domain other than trading on the trademark, and the asking price is only realistic for the trademark owner itself. In those cases panels have found bad faith even without a direct approach to the owner. A notable example is the three-member panel majority in WIPO case D2022-1570, which found that the asking price implied the complainant was the only conceivable buyer — though a dissent disagreed, illustrating that even these edge cases are not automatic.
Bottom line
The outcome depends on: how famous and distinctive the mark is, whether you had it in your sights at registration, whether there's a credible independent reason to want the domain, and who you're actually marketing it to. Generic terms with multiple plausible buyers, listed publicly, have repeatedly survived UDRP challenges. (UDRP Perspectives 3.5) Coined-brand matches with sky-high asking prices and no other credible use have not.
"The registrar must provide the full Registration Data to the UDRP provider within two business days after the registrar is notified that a UDRP complaint exists. The registrar must also lock the domain."
If you're offering it for sale, you're clearly not using it for commerce. I'm sure if you finished you game and offered it for sale on that domain, you'd be fine. You're actually using it and in a non-infringing way.
So yes, if you're selling a domain and someone has a trademark for it, you should have to hand it over. Hell, I'd argue that should apply even without a trademark, but alas...
That way, squatters are incentived to sell it to someone who's going to use it.
Since most domains that are for sale don't currently have such a record, it would be wrong to assume they are not for sale. Therefore, absence of such a record does not explicitly mean "not for sale." It's no different from a house: a "for sale" sign in the front yard means it's for sale, but lack of a sign doesn't mean it's not for sale; it could mean the owner doesn't wish to advertise that way, or at all.
I have a domain name with the TLD of "today". Many people think my email is [email]@[domain].today.com. It's not just the common person's fault but also software engineers / product managers who still have a very restrictive view of what a TLD is (under 3 three letters is the primary restriction I hit).
Since I don't believe we'll ever convince people that domains longer than 3 letters / full words are TLDs, I think the solution is every human being gets 10 domain names at marketprice then every domain ownership above that gets graduated ownership costs; the first year is market, second year is $100, third year is $500, fourth year is $1,000, and so on until the 10th year where it levels out at $10k per year.
The idea of it being if you want to hold onto a lot of domains you need to pay for it or make the domains economically viable. With what is essentially infinite space, we shouldn't be allowing domains to be like finite real world real estate to be speculated on.
I don't like the pollution of the global namespace. If someone thinks, there should be a domain named today, fine, but don't put it in the global namespace by creating a new TLD. DNS is a hierarchical structure, there is no reason domains should all be only 4 segments long. Arguable 'com.' should have really been 'com.us.', but that's history.
1. People who can't understand how tld works, learn it. Changing the world to accomodate ignorance is not my preferred direction.
2. We don't link the concept of domain names to economically viable for an US citizen, since that is not a fair for probably a few billion other people.
I think this solves none of the current problems with domain names, but at least it does not add any new ones.
Domain names are still a finite space, given that a full domain name can be at most 253 characters, and each domain label at most 63 characters. “Requiring” a .com/.org/.net/.CC at the end isn’t really that much of a restriction.
By the way, madamelic.com appears to be available.
> By the way, madamelic.com appears to be available.
Hmmm! I may have to grab this one. The one I really want is madeline.com (it's owned by the family who made Madeline the book) but I am doubtful I will ever get that one without loads of money or ever, hah.
I am hesitant to say the domain because of spammers but it is the [shortened version of that name].today.
I’m more annoyed by products/companies choosing names that are just common words.
I'd argue that they're not freeform now. You need to pay ICANN something like 250k USD to consider your application for a new TLD, plus I think you need to convince them that you actually can operate the infrastructure required to reliably serve queries and subdomain registrations for that TLD.
I do agree that we have _way_ more TLDs now than the five or ten we had back in the 1990s, but the barrier to creating a new one is so large that I'd not describe them as "freeform".
Skill Issue
Twitter owned both the domain and all trademarks so it’s a non issue.
Basically in fairly limited circumstances you can have your domain taken off you if someone else holds a matching trademark. Saying you are selling it can go some way to demonstrating you are not holding it in good faith.
I now get what you're saying, but then this can be turned against everyday people. Imagine you have a domain that is your personal blog, vacation photos, stuff like that. No ads, nothing to sell there. Then you receive a message "We from Microsoft/Sony/IBM/Amazon are willing to give you 10Mil for this domain, because we have plans for it, if you won't use it for something bigger ofc" And then show your reply in court saying "He want to sell it". Even if you run a successful business, they can troll you and say "We offer 1bil - you and your family will not have to work for the rest of your life", and then say "His business is fake, he is selling the domain". I don't know if this is possible but if it is, then the whole system is wrong I guess.
In my opinion domain squatting should be banned instead.
I agree it's a problem when I want a domain and it looks unused to me. I don't think it's really squatting.
I think it's also a jerk move to control resources just to extract w/o developing those resources. But that also happens with real-property.
All that to say: "squatting" on a domain is a "hard problem".
When searching their online whois[1], they'll tell you if a domain is for sale and link to the for sale page. They don't use any of the info you put in the DNS though. The URL comes from their internal system. You need to register it separately. They also don't use the price, txt or anything else you put in the DNS.
All they use is the "fcod", to look up the url in their own system. They had a different syntax for this before, but this functionality has existed for some years.
In "Common mistakes" this article first says not to add this record if you're not actually planning to sell the domain, then says that the record doesn't oblige anyone to do anything, that feels quite weird to me.
I have a particularly valuable domain name that would be perfect for a museum that later opened with the same name.
I'd love to sell or even give it to the museum, but all my offers have been ignored. I don't blame them, since everything on the Internet is a scam these days.
But I won't just put it for sale to the highest bidder. Then it'll end up with a squatter. I'd rather sit on it.
TLDs like .online actually have a registrar-based dynamic pricing system based on internal rules, like domain size, presence in word lists, plurality, etc... And their distribution of available to taken names is quite good. It's different, which is already good, no one needs yet another TLD with the uncreative allocation system of copying the .com, we need variety, and I feel a binding DNS based offer system might make for a aftermarket-based continuation of the successful .online experiment.
But if the offer is not binding, then it's just an advertisement, no consideration, no contract, unlikely to amount to anything materially different than a 'domain for sale' HTML pages. In fact, if the HTML page has a buy now button, it's effectively an offer that can be accepted just by clicking the buttons and inputting cc info, so it's even better than a non binding DNS record.
Also, let's stop using TXT for everyone, why is everyone such a pussy about actually using record types? Do we really need every tool to be compliant out of the box? What's wrong with forcing vendors that want to be compliant to actually write like 20 lines of code and formally implementing support for the feature?
We can do a lot better than using non-inclusive language like this. There are better ways to express the underlying concept.
- such a pussy about actually using record types
+ not bold enough to use actual record types
And I know it's not the core of the issue, but I meant "using TXT records for everything" not "for everyone".
There used to be a number of sites that would let users create {username}.some.subdomain.apex.tld. Perhaps this is not a thing any more I honestly don't know. If it is still a thing and someone registers the username "_for-sale" they could cause some confusion.
Why allow any level of DNS? If you are selling a domain that should include the entire domain and thus the _for-sale should only be valid at the apex unless the goal is to cause legal problems for some big providers.
I suppose the saving grace is that they can only create the _for-sale and not any of the attributes specific to the intent to sell and hopefully that is enough to prevent any shenanigans.
Wonder how hard will it be in 20 years to get a good, unused name in a reasonable price.
Neither registrars nor tld operators care about squatting, even when they don't get a cut. Why would they? The squatter is paying them the same as you'd pay them.
What positive outcome comes from squatters sitting on unused domains?
But at some point we will also exhaust all nice TLDs too...
It will be even more difficult than it is now
Welcome to 2003.
The game is to see who survives the longest without submitting to committing blunders that reveal an intrinsic incorrectible untrustworthy personality and low quality of work standards. And each month that goes by, more people around us are joining the game, some people fall through social pressure, and some feel more comfortable to display their antisocial/low quality traits as those around us do.
I personally feel comfortable holding on my anti AI purity comfortably even if 95% of people around me do it, I always suspected it anyways, let them keep on outing themsleves.