December 25, 2007, 8:28 PM — Microsoft has sued domain name registrar Red Register claiming that it is illegally
profiting from Microsoft's trademarks.
In a lawsuit filed in Seattle earlier this month Microsoft alleges that Red
Register snatched up 125 domain names, all "confusingly similar to
Microsoft's Marks" in order to profit from Web advertising, a practice
known as typosquatting and cybersquatting.
Web surfers may be tricked into clicking on ads on these sites "because
the person finds it easier to click on the advertisement or hyperlink than to
continue searching for the Microsoft site, or because the person mistakenly
believes Microsoft has authorized or endorsed the advertisements," the
filings state.
Typosquatting is the practice of registering domain names that contain misspellings
of trademark terms. Cybersquatting is the registration of a variant of trademark.
Red Register owns domains such as windowslivecare.com, msnmesnger.com, and
ageofmathology.com, Microsoft said in court filings.
Microsoft is seeking to take control of the Red Register domains and is asking
for the court to fine the company for unspecified damages. The lawsuit was filed
Dec. 4 in King County Superior Court in Seattle.
Although the domains are now registered to a Tortola, Virgin Islands, company
named Versata Software, they were previously registered to Red Register and
Microsoft believes the current Versata registration information to be false,
the filings state.
Domain registrars historically made money by registering domain names to third
parties, but that has changed as it has become easier to get into the domain
name game. Now many registrars have begun to amass portfolios of domains themselves,
or even temporarily registering domains and then dropping them before they are
required to pay any fees, a practice called "domain tasting," said
Karl Kronenberger, a partner with Kronenberger Burgoyne LLP, a law firm specializing
in Internet disputes.
Some companies have even set up several domain name registrars and they pass
their domain names from one to the other without ever having to pay fees. This
is possible, because domains can be held for three days before any fees are
due, Kronenberger said.
Registrars must be accredited
by the Internet Corporation for Assigned Names and Numbers (ICANN), the group
that oversees the Internet's domain name system, but once that has happened
they can get better access to the database of domain names. Companies like Microsoft
and Google have become accredited registrars for this reason.
There are presently more than 1,000 registrars worldwide, according to Kronenberger.
"It costs US$8,000 per year to maintain your existence as a registrar,"
he said. "once you pay that, you can register domains very cheaply."
Some registrars have amassed valuable portfolios without running afoul of trademark
law, but Microsoft's Red Register lawsuit is not unprecedented. In October,
Yahoo filed a similar lawsuit against Belgium
Domains. One month later another lawsuit was filed against Belgium Domains,
this time by Dell.
Kronenberger said the Microsoft lawsuit "seems to be a pretty straightforward
case of a registrar registering large batches of domains containing trademarks."
Microsoft has filed at least five other similar lawsuits in recent years. In
March it announced that reached a $2 million settlement against Jason Cox of
New Mexico and Newtonarch LLC. It also announced a $1 million settlement in
a similar suit against Partner IV Holdings.
Microsoft and Red Register did not immediately return e-mail seeking comment
for this story.
