A long running court case between domain name registrar GoDaddy and the Academy of Motion Picture Arts and Sciences (AMPAS) has moved to a new stage, with a judge ruling that trademarks relating to the “Oscars” movie awards had been infringed. The court case has been running since May 2010 and centers on the accusation that GoDaddy users had been allowed to register website addresses designed to profit from trademarks belonging to the AMPAS.
In the past, GoDaddy users had been allowed to register domain names and “park” them – effectively holding them for use at a later date. The domain then displayed ads from which the domain owner received a small fee for each click. In the latest court hearing, Judge Audrey Collins ruled that Go Daddy had been using and “trafficking” domain names without adequately checking the trademark rights of the registrant.
Citing the examples of CollegiateAcademyAwards.com and OscarAtTheMovies.com, Judge Collins ruled a total of 177 domains parked by GoDaddy were “confusingly similar” to trademarks owned by AMPAS. GoDaddy was not held liable for a further 13 domain names that were ruled to be acceptable.
The case now moves to trial, scheduled for July 2014. GoDaddy is expected to mount a defence based on the claim that the AMPAS Oscar trademarks “aren’t really famous”.
Anyone considering buying domain names to “park” in this way would be well advised to check existing trademarks to avoid similar litigation.
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