A comprehensive search to determine if a trademark is owned by an individual or company is the best practice in determining ownership rights. However, this search is not FREE like searching the USPTO database.

Thanks again for your comments and good luck with your business.

A comprehensive search to determine if a trademark is owned by an individual or company is the best practice in determining ownership rights. However, this search is not FREE like searching the USPTO database.

Thanks again for your comments and good luck with your business.

Thank you for your response, you are obviously well informed and educated on the legal process.

In reference to paragraph number three, I want to state that the USPTO database is one of the precautions that I tend to use before registering a domain name. There are a number of other guidelines that I follow as well, but they aren't relevant to this discussion. I have to disagree with you, searching the US trademark database is great practice and is one that I and a number of others tend to follow in the domaining industry.

Now to paragraph number one, as stated you are very well educated on the legal process. The only problem with your statement is the fact that the current laws governing the ownership or registration of a domain name are not always governed by what you know to be as “common law tademarks.” This is where the problem begins. I will discuss this a little further while responding to paragraph two.

Where to begin with ICANN. There have been countless opinions on whether ICANN actually helps or hinders the process of transferring a domain name to its rightful owner. If you would like to research why ICANN might be labeled ICANNOT, feel free to search for “ICANN Problems” in Google. ICANN has a great deal of catching up to do. There are countless debates on whether they are helpful in the decision making process when it comes to problems like this.

Feel free to provide more information on what you consider to be good practice when registering a domain name. It's always great to learn new things.

I completely agree, great debate. Didn't realize I was in one until you replied.

Thank you for your comments! Although Ed Lover may not hold a registered trademark for “C'mon Son” which I am not certain is the case, he definitely hold a valid common law trademark right to the phrase. The trademark laws states that an owner of a trademark can have a common law right or a registration with the USPTO. A common law trademark right means that the individual is the first to use the trademark in identifying unique goods or services, for sale to the public, in his or her region. This right is granted without actual registration.

So whether Mr. Lover holds a registered trademark for the phrase “C'mon Son” is not an absolute requirement when filing a domain name dispute with ICANN. Now it certainly helps, but as long as Mr. Lover can show his exclusive use the mark before anyone else and show that the cybersquatter has not been using the mark or has any legitimate interest in it, then he has a valid claim before ICANN.

Simply searching the US trademark or individual state databases for valid trademarks is not a good practice. There are millions of valid trademarks out there that are not registered with the USPTO. These owners rights are valid and they can issue cease and desist demands to those who use their trademarks without their permission.

Thanks again for your comments! This is a great debate!

To address the first paragraph you have written, what you have stated is true. The problem is there are laws still being written and changed in regards to virtual goods such as domain names. Ed Lover in this case could arguably say that he was going to register the domain name. In fact he could use the video as evidence as long as there is some sort of time stamp to follow. Then again, it gets quite difficult. If Ed did not hold a trademark on the name “cmonson.com” then ICANN could say that this domain name was up for grabs. Ignoring the fact that the person who registered the domain deliberately tried to flip the domain on Ebay for a quick profit, there would literally be a slim chance to recover it. Figured I would shed a little more light on the subject…

Now onto your second paragraph. Domaining is one of those industries where you are constantly dealing with gray areas. Before I register any domain I search a trademark database to keep myself from infringing on another person's intellectual property. Unfortunately there as an extremely large segment of the industry which partakes in cyber squatting, casting a negative light on what we do. These individuals deliberately register domain names which they know are infringing on a product, brand or service.

I tend to focus on dictionary, geographic and forum based names. An example of a dictionary domain name which is currently in my portfolio is infomercials.info. I tend to refer to domain names as virtual realestate. The domaining industry has also piggy backed off that idea and created terms such as “land rush”. Land rush refers to when a new domain extension is deployed and you are pretty much given the opportunity to register domains on a first come first serve basis.

I would be more than happy to write a guest post on what I do, this is something that I can feel could benefit a great deal of people, let alone african americans. If you have anymore questions feel free to contact me on twitter rmcaldwell. I'll be happy to answer anything you ask. @dnpimping

So dnpimping, you're a professional domainer, interesting work. Out of curiosity, how do you do it and not feel like you're squatting? Or is it squatting with more to the business side of it than I know? Maybe you should do a guest post on what you do. Now you have me curious. lol I know someone who pays for domains because he said they are like real estate. Would that be what you do and why? Help a sister understand, please.

There was evidence that the person who registered the domain name was looking to make a profit and flip the domain quickly. The buyer or “domain squatter” posted an auction on Ebay with Ed Lover's image. This would be grounds for legal action, if it could be proved properly to ICANN.

Domain disputes like this happen quite frequently and some do what Ed Lover did and simply register an alternative domain name. This doesn't do much for justice, domain squatters will continue to abuse the nature of the domaining industry if people don't fight for what they feel is rightfully theirs.

As a professional domainer, my advice to the registering party in this case is to do the right thing and give Ed Lover the domain he was planning on registering. With all the publicity surrounding this situation, both inside and outside of the domaining world it will have an impact. Lets just hope that others learn from such a situation and don't reveal business plan prematurely.