Microsoft is a famous trademark. Apparently, Flippa thinks it is not.
It surely comes as a shock after Australia based Flippa.com openly encouraged the auction of a trademark domain.
We are not talking about small fries here; this is not some reference to a keyword of a generic nature but rather, that of almighty Microsoft.
A seller put the domain name MicrosoftDynamicsAX2012.com for sale on Flippa. The seller proclaims that the domain does not violate any Microsoft trademark and states:
“I own the domain before the product is launched. This does not violate any trademark or anything. You can see the news here… “
The seller then links to the release by Microsoft of the news about the Microsoft Dynamics event.
What is a Microsoft Dynamics event? According to Microsoft:
Microsoft Dynamics AX 2012 is a single, powerful enterprise resource planning (ERP) solution that is simple to learn and use so you can deliver value faster, take advantage of business opportunities, and drive user involvement and innovation across the organization.
Microsoft owns no fewer than six registered trademarks for the words “Microsoft Dynamics”, according to USPTO records, one of which can be seen on this link.
We contacted Flippa customer support who responded as follows:
Flippa will remove a listing with contents infringing on copyright or a trademark, upon receipt of a Digital Millenium Copyright Act ( DMCA ) notice from the affected party, or a signed official document from a legal body.
More information on Flippa’s policies regarding listings containing potentially copyrighted or trademarked material can be found at https://flippa.com/help/
forbidden-copyright-material
Apparently, Flippa will not remove any obvious trademark violations on its own; which definitely appears to be an encouragement of trademark violators to register and list for sale on Flippa domains that reek of opportunistic trademark infringement.
That’s the essence of cybersquatting that has given domain investors a bad name for years.
In addition, Flippa responded on twitter, stating:
“It’s a slippery slope and highly dependent on specific trademark. Buyers are encouraged to make their own call wrt risk.”
For the sake of determining what is legal and what is not, we plan to contact Microsoft and describe the current situation, unless Flippa comes to their senses and removes the offending listing in the next 48 hours; something that they would do under the DMCA.
I got the response when I reported few other TM domains. I just gave up on them. You can use domainface dot com and search their domain inventory and you’ll find so many TM domains listed there.
I think “Flippa encourages auction of Microsoft Trademark Domain to continue” and your inference that we don’t recognize Microsoft as a (once) famous trademark is a gross misrepresentation of the correspondence you’ve documented in your post.
What we’re saying is that if the trademark owners have an issue with the listing, they typically contact us and we suspend the listing pending the outcome. Alternatively they contact the seller (which is possibly what happened on this occasion as the listing was ended early).
Lets also not under-estimate the intelligence of domain buyers. If someone decides they want the domain, then they’re typically aware of the risks and ultimately factor that into the bid price.
This is reflected in the listing comments so something any buyers would be aware of.
We stand by our correspondence. Slow news day in the world of domains?
So DG, you report this to Microsoft thinking that you will be richly rewarded for your good deed.
Why don’t you keep your mouth shut and mind your own damn business.
As the saying goes, poke the hornet’s nest and stand back and watch the show.
Now I know why L.Morgan always gives a post on Flippa on his blog because they are his sponsor.
Dudh!!! — always follow the Money.
Flippa will be charged as a “crime” accessory too.
Andrew from Flippa – Slow day down under? I mean, do you encourage sellers to sell domains with obvious trademarks like Microsoft, Coca Cola, or you expect those corporations to call you when they accidentally discover that Flippa.com has served as the avenue to sell trademark violations of domains?
Famous marks exist for that purpose; they are globally recognized and any admin at Flippa with brains half that of a kangaroo’s should act upon reports of such auctions by users. We did Flippa a favor when this was brought to your attention! Instead of acting swiftly and decisively, Flippa flipped us the finger. The seller took down the auction on his own after other members chipped in, despite the occasional idiot who tried to convince him that the domain sale was A-OK.
BullS – The idea here my friend is not that of a reward. It’s to show Flippa that they are in the wrong and to act upon such reports using common sense. The domain community does not need a bazaar of stolen domains or trademark violations.
DG– it is not your JOB.
Your job is to entertain.
I am so sick and tired of people having Domain blog telling others what so good about this domain and that they think they are like Domain God-know it all.
Just because they have some damn generic domains, they think they can “advise” others what the next big s=hit going to happen.
Listen up folks, this domain crap is just a BS word game and as long as no one “DIE” the police don’t give a priority.
“if you house is on fire or your car get broken in, and no loss of life, they don’t care”
BullS – We also report the news and post reviews and opinions on current events. If you are not feeling entertained, please stop visiting.
If my opinion is not worthy to be taken seriously, so be it.
No feelings hurt.
IMO, DG went a bit too far with this. Threatening to report to Microsoft was stupid. It’s not anyone’s business besides Flippa.
Reader – If it’s stupid then what are you doing here? Unless you like kissing Flippa ass without examining all the facts.
I think Bullshit the nail at the wrong angle and not squarely on the head.. Oops – that should have been ‘Bull has hit’. Excuse the typo. Quite clearly, this is a fragrant breach of acceptable policy and there’s no argument to support the promotion of TM domains on any platform – end of story.
Oh, and Lucius, it has to be “small fry” because in the context of this idiom, ‘fry’ means adolescent fish, and the singular and plural are the same. It don’t mean ‘chips’.
Just visiting to poke my nose in again where it’s not wanted 🙂
I hope more people post here in support of this idea that Flippa can/should/would promote TMs. More grist to the ‘Bulls hit’ mill I say.
Coulda/Shoulda/Woulda…
“fragrant breach?” So a smelly one?