3 ms·

How would a lawsuit against him work in a case like this?

by counternotions 5y ago

bawolff 5y ago
UDNRP seems to apply quite readily to this situation.
- infogulch 5y ago
  > A complainant in a UDRP proceeding must establish three elements to succeed: The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The registrant does not have any rights or legitimate interests in the domain name; and The domain name has been registered and the domain name is being used in "bad faith". Libera could probably get the domain transferred into their control. Especially if they set up their trademarks right as another comment mentioned. https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy#Process https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Re...
  - sneak 5y ago
    Does the libera IRC net actually engage in any trade for which they might have trademarks?
    - bawolff 5y ago
      Seems to fit class 38 quite well. https://www.nolo.com/legal-encyclopedia/trademark-class-38-telecommunications-services.html https://www.nolo.com/legal-encyclopedia/trademark-class-38-t... I think the real question is if they bothered to register it.
      - deleted 5y ago
        [deleted]
- nerdbaggy 5y ago
  Yup and using a service like WIPO arbitration is actually cheap. 1-5 domains is $1500
judge2020 5y ago
There's likely not much illegal that they've done, and domain squatting isn't always illegal (and is very rarely fought over).
- bawolff 5y ago
  People fight over domains all the time.
bopbeepboop 5y ago
This is classic trademark violation, right? Freenode is using the Libera brand to advertise their services by registering a Libera branded domain — purposefully to re-route customers looking for Libera properties. Since Freenode is in the same industry and provides the same services, and is using the Libera brand to direct to their services, it seems particularly egregious.

How would a lawsuit against him work in a case like this?

bawolff 5y ago

UDNRP seems to apply quite readily to this situation.

infogulch 5y ago
> A complainant in a UDRP proceeding must establish three elements to succeed: The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The registrant does not have any rights or legitimate interests in the domain name; and The domain name has been registered and the domain name is being used in "bad faith". Libera could probably get the domain transferred into their control. Especially if they set up their trademarks right as another comment mentioned. https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy#Process https://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Re...
- sneak 5y ago
  Does the libera IRC net actually engage in any trade for which they might have trademarks?
  - bawolff 5y ago
    Seems to fit class 38 quite well. https://www.nolo.com/legal-encyclopedia/trademark-class-38-telecommunications-services.html https://www.nolo.com/legal-encyclopedia/trademark-class-38-t... I think the real question is if they bothered to register it.
    - deleted 5y ago
      [deleted]
nerdbaggy 5y ago
Yup and using a service like WIPO arbitration is actually cheap. 1-5 domains is $1500

judge2020 5y ago

There's likely not much illegal that they've done, and domain squatting isn't always illegal (and is very rarely fought over).

bawolff 5y ago
People fight over domains all the time.

bopbeepboop 5y ago

This is classic trademark violation, right? Freenode is using the Libera brand to advertise their services by registering a Libera branded domain — purposefully to re-route customers looking for Libera properties. Since Freenode is in the same industry and provides the same services, and is using the Libera brand to direct to their services, it seems particularly egregious.