Google has been going after popular typos of the web address YouTube.com in recent months and it’s been having its share of success in disputes, winning five typo domain names in early January and several more later that month in another case that also involved Google typo domains.
However, in a separate complaint (Case No. 1413915) that reached a decision in late December 2011, Google only batted .740, as reported by Domain Name Wire.
In that case, Google won rights to 37 typo domain names, but lost its claim to 13 infringing domain names like YouTune.com because the Panelist found that the 13 domains were registered prior to the trademark filings with the USPTO of January 30, 2006. As Domain Name Wire pointed out, it appears Google got screwed. “The first use in commerce date on the trademark is April 24, 2005, which predates the 13 additional domain registrations.”
Google hasn’t given up hope on winning those 13 domains.
According to a new filing (Case No. 1428476) with the National Arbitration Forum this week, Google is once again going after: tyoutube.com, youstube.com, youtbue.com, youttube.com, youtubenaruto.com, youtubr.com, youtubube.com, youtubve.com, youtune.com, yoututbe.com, youtuube.com, youyube.com, and yutub.com.
As with all domain disputes, each Panel examines three elements before reaching a decision.
(1) is the domain name identical or confusingly similar to a trademark in which the complainant has rights
(2) the owner has no rights or legitimate interests in respect of the domain name and;
(3) the domain name has been registered and is being used in bad faith.
If all three elements are satisfied, then the domain names will finally be ordered transferred to Google.
Each of the typo domains named in Google’s latest complaint, send visitors to an online survey scam (as shown in the picture above of YouTune.com), that asks a series of questions and attempts to gather personal information by promising free gifts like an iPhone 4S or an iPad 2.
Discussion: The Next Web, Marketing Land and DNFBlog.com
