RF and successes in the fight against cybersquatting

But everything was so well thought out! Phased registration of domains in the zone. RF and measures to counter cybersquatters.

Here are all the stages of development that should lead to the minimization of cybersquatting:

• Fast Track, which regulates the creation of a limited number of top-level domains, written with symbols of national languages;
• Pre-registration of domains for trademark owners (in Cyrillic);
• Priority registration of domains. The Russian Federation for the owners of trademarks containing characters other than Cyrillic;
• Priority registration of domains. The Russian Federation for owners of company names, names of places of goods origin, mass media and non-profit organizations;
• Open registration (declared from October 1, 2010)

Did the registration center manage to avoid cybersquatting?

Did you manage to avoid measures to combat cybersquatting?

Prehistory

On November 24, 2009, the coordination center registered 496 domains, from the already well-known . ---. to the ---. (with variations - with and without hyphens).



The initial conditions of pre-registration were fairly tough, if mot was written on the trademark, the domain could not be registered, and if MOT , then it is possible (the name of the real trademark is changed). Moreover, the domain could only be registered with the actual owner of the trademark (legal entity or individual entrepreneur).

Subsequently, there was a significant relaxation of the rules of preliminary registration, it is no longer necessary that the text on a trademark was in Russian, and not only trademark owners, but also legal entities, non-profit organizations, and the media can register domains:

Regulation on the priority registration of domain names in the domain. The Russian Federation for certain categories of users

Rules for registering domain names in the domain. RF

During this time, the cost of pre-registration has decreased from 10,000 to 590 rubles (webnames.ru).

To date, according to Ru-Center , 12,857 have been registered and 2,773 domains in the zone of the Russian Federation have been delegated.

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Dutch auction - to be?

During preparation for the opening of the registration, many correct words were said about cybersquatters and the holding of a Dutch auction was discussed, according to the terms of which the Coordination Center reserved words and phrases of the Russian language, determined the maximum (high) cost. Then the cost decreases over time - and when the price begins to suit the buyer, the domain is acquired. This should have provided an opportunity for potential buyers of domains interested in the subsequent use of a domain name to purchase a domain, albeit at a high price. So how to compete with cybersquatters "simple" buyers difficult.

In fact, the theme of the Dutch auction was forgotten. Although the information on its holding is still published on the websites of the Hosting Center and reggi.ru - there is no such information in official sources and the auction is in a state of uncertainty. And is there any sense in it now?

Cybersquatting Mass Domain Pre-Registration

It is known that CETIS (cetis.ru), LLC Center for Effective Technologies and Information Systems, has registered trademark domains such as sex, hosting, dream book, leisure, plumbing, ruble, poker, mortgage, cottage, striptease and others.



For example, "SEX":

www1.fips.ru/fips_servl/fips_servlet?DB=RUTM&rn=1579&DocNumber=390728&TypeFile=html

Registration date: 10/6/2009

Number: 390728

Rightholder: CETIS

Correspondence: Card Patent LLC (cardpatent.com)

/ :

; ; ; ; ; ; .

Registrar domain REG.RU. All three companies have been cooperating for many years .





I don’t include images of all trademarks, as they are made in the same “style”. For comparison, the activities of the TOS "HOSTING":

; ; ; ; ; .



Now on the site accessories.sex.rf we can read:

Our collection, first of all, for people who value above all individuality and their own Self. For those who are non-conformist, who are a Person. And, of course, who loves SEX .



Well, yes, because the list of goods and services: “women's bags; beach bags; ... "

Apparently, soon at the address vodka.hosting.rf we will see:

Our products, first of all, for people who value above all individuality and self. For those who are non-conformist, who is a Person. And, of course, who loves hosting .







This is the trademark number 390731, following the numbering TZ "PRINTER". Nothing like? Yes, the address for correspondence is also Card Card LLC, but here is the copyright holder of LECOM LLC (lekom.ru), and interestingly, we find on Lekom’s website:





The current situation led to a discussion of the cancellation of the pre-registration of these domains, but at the moment the Coordination Center has not taken any action.



In the closed section vedomosti.ru published the following information:

“Now only a trademark owner who has received documents from Rospatent no later than March 25, 2009, can reserve a domain. In the current version of the rules, the age of trademarks was not regulated. The amendments will take effect 30 days after the adoption, but, given the "special situation" around the registration in the zone. RF, this may happen earlier, Kolesnikov said.

...

The co-owner of Reg.ru and the ex-general director of Tsetis, Aleksey Korolyuk, explained that the clients needed the domains. But once the rules are revised, Cetis may lose its reservation. Kolesnikov promised that in the coming days, all entries from the registry of domains will be deleted, but Cetis may ask to leave names to it. It was not possible to find out what Tsetiz will do, Vedomosti. The request to the company remained unanswered. A source close to the company says that you must first see the minutes of the meeting of the center. ”



Article address: www.vedomosti.ru/newspaper/article/2009/11/30/220121



But so far no changes in the order of registration and cancellations have not followed.



By the way, CETHIS has domains of ragtime.su, naunet.su, webmoney.su.



But CETIS is a fairly modest example of pre-registration of domains in action.



Domains registered through Ru-Center:

., ., ., ., ., ., ., ., ., ., ., ., ., ., ., . , etc.



The owner of these domains is the Association “MIR” - the “Association of Business Cooperation of Afghanistan Veterans of the World” (adsva-mir.ru). What does the association have to do with these trademarks? Those interested can count the number of registered domains for this organization (more than 1000?).

ADS of Veterans of Afghanistan "Peace" - a veteran of squatting. More than a thousand trademarks have been registered for this organization: www.firmreg.ru/trademark/info/mir (thanks for the provided information xtremest ).

If we explain in a nutshell what “squatting” is: a trademark is registered, for example, “Belochka” and reported to the organization producing the product under such a name that they violate the interests of the trademark right holder, then the proposal to assign the rights to the trademark.

Quote:

... the patent agency YOUR MA®KA notifies Cold JSC that it has irrefutable evidence that Cold uses for labeling its products (ice cream) the name WHITE, which is duly registered in 1995 and represents property CJSC “Association of business cooperation of veterans of Afghanistan“ MIR ”(certificate of Rospatent No. 161458, priority from 10.16.1995). The Agency warns of civil and criminal liability, respectively, under Art. 138 and 180.



One day later, the same agency notifies JSC Kholod that the Association MIR has ownership of the “Little Mermaid” verbal trademark (St. No. 148600, priority from 03.06.1996) and demands to immediately stop the unauthorized use of the trademark and threaten sanctions. What happened afterwards ...



Source holod-delo.ru/art_ic_01_2004.htm



The order of priority domain registration. RF allowed squatters to go into cyberspace and add domain names to the list of "services".



You can add a list of domains:

., ., ., ., . etc., and their owner "New Technologies" Ltd. .



If you know other examples and details - I will definitely add to the list.



And the most important thing! From the point of view of pre-registration rules, everything is clean and legal.

When will these domains go on sale?

According to the provisional registration of domains:

4.4. :

- , ;

...

Those. Now you can give the trademark and domain.

The validity period of the provision is determined: a year after the completion of the priority registration, counting from May 11, 2010.

Lawyers will not comment on whether the contract of assignment on TK is a reason to change the Registrant?



The cost of such domains = affiliate price of pre-registration + registration of a trademark.

What can be done?

Theoretically, the situation could be corrected by changes in the rules for domain registration and the procedure for preliminary registration:

• only for trademarks registered before 2009;
• in the presence of a valid company registered before 2009, with the direction of activity indicated in the trademark;
• it is prohibited to change the administrator of the domain received in the order of priority registration for a period of 10 years;
• it is prohibited to use a domain received in the order of priority registration for locating a resource that is not the copyright holder (or licensee) and does not correspond to the activities specified in paragraph “Classes of the Nice Classification and List of Goods and / or Services”;
• when changing the copyright holder or licensee until 2020, the domain registration is canceled.

In addition, it is possible to publish in open access a list of domains registered in the manner of preliminary registration, indicating the domain owner, trademark, date of registration of the trademark, registrar, etc. - it would be very interesting.



Not all items are easily executable. Why this was not done initially - I suggest to say in the comments. This, I'm sorry, a big question. RF and he is free.



I would be grateful for any additional information.



UPD: auctions may be. Proof