The use of “gay” reference in domain negotiations.
After the Dallas Cowboys, winners of the Cowboys.com TRAFFIC auction claimed they weren’t familiar with its true price-tag, the domain was placed in limbo and a group of domain investors bought it later on.
Cowboys.com was subsequently used as a “gay personals” web site, perhaps due to the Brokeback Mountain movie about a pair of gay cowboys. Then again, “gay” content is often utilized as a taboo reference, a stigma, or as a way to demean someone, whether they are gay or not.
The UDRP for the domain Halifax.com that we covered yesterday, reveals that its owner and Respondent in this case, approached the Bank of Scotland, Plc. and trademark holder of the HALIFAX mark in order to sell it.
What’s interesting is that despite the Halifax.com use as a geo-domain, the communication that was allegedly sent out by the Respondent’s representatives, referenced upcoming “gay” content in the form of a negotiation approach:
” My main purpose for halifax.com was to start a gay fetish website as that’s my hobby and what I love in life. The reason I purchased halifax.com was it had 85,000 direct page views. I purchased it for 175k knowing all the traffic was direct. I feel when I start my new site you will understand you will be wasting your time and money trying to take this any further as it won’t infringe on any trade marks. Please let me know if you would like to see my images for the new halifax.com site.”
Whether implicit, as in the case of Cowboys.com, or explicit, as in the Halifax.com case, the “gay” reference in domain negotiations doesn’t appear to be a smart approach.
To this date, Cowboys.com remains unsold, as the Dallas Cowboys were not swayed from their previous position, and Halifax.com is now lost to the Bank of Scotland, Plc.
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Well said.