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Above.com settles lawsuit with Verizon

August 23, 2012above.com, Domaining, Domainnamewire, Policy & Law, verizonComments Off on Above.com settles lawsuit with Verizon

Company settles cybersquatting lawsuit ahead of trial.

Above.com and related parties have settled a cybersquatting lawsuit filed by Verizon.

The case was filed in February 2011 and Above.com was served during the DOMAINfest Global conference in Santa Monica.

The suit alleged that the defendants used a number of false identities to traffic in trademark-infringing domain names. It alleged the company has registered, used and/or provided Above.com privacy service to at least 183 domains including Verizon’s trademarks, including VerizWireless.com, ActivateVerizon.net, and loginvzw.com.

The defendants initially said that they would take responsibility for the domains they had registered but not for their clients actions. The judge later ruled that Above.com could be liable for actions of its customers if it should have been aware of their activities. The defendants later backtracked and argued that they had not registered any of the allegedly infringing domain names themselves.

Terms of the settlement are not available. However, it “requires performance until June 30, 2014″. Typically a plaintiff in this sort of case wants a financial penalty as well as an agreement to refrain in the future from certain activities regarding the trademark.

The parties are also working a tolling agreement, which means that the statute of limitations will be extended in case the defendants do not follow through with requirements of the settlement agreement.

A trial was scheduled for October 2.


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Court: Above.com May Be Responsible for Customers’ Domain Names

July 18, 2011above.com, Domaining, Domainnamewire, Policy & Law, verizonComments Off on Court: Above.com May Be Responsible for Customers’ Domain Names

Judge sides with Verizon, settlement in doubt.

A federal district judge has dealt a blow to Above.com in a lawsuit brought against it by Verizon.

Chief United States District Judge Audrey Collins has denied Above.com’s motion to dismiss charges of contributory cybersquatting.

Above.com and the other defendants have accepted responsibility for registering and monetizing typos of Verizon’s brand names, but argued they shouldn’t be responsible for domain names owned by clients of Above.com who use its privacy services and monetization program.

The judge said that Above.com could be liable for actions of its customers if it should have been aware of their activities. Verizon argued that the company was aware of customer use of its services for cybersquatting based on receiving over 100 UDRP notices (pdf).

At one point it looked like the parties were close to settling, but it appears the fight over Above.com’s responsibility for customer domains remains and issue. The case will move forward.


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Above.com In Settlement Talks with Verizon

May 10, 2011above.com, Domaining, Domainnamewire, Policy & Law, verizonComments Off on Above.com In Settlement Talks with Verizon

Domain company working toward settlement over trademark lawsuit.

Above.com is currently in settlement talks with Verizon over a lawsuit brought by Verizon in February, according to court records.

Verizon filed the suit against Above.com, parent company Trellian, and some of its key employees back in February. It also served the company during DOMAINfest.

The complaint alleges that the defendants use a number of false identities to traffic in trademark-infringing domain names. It alleges the company has registered, used and/or provided Above.com privacy service to at least 183 domains including Verizon’s trademarks, including VerizWireless.com, ActivateVerizon.net, and loginvzw.com.

The defendants were granted an extension until May 8 to respond to the suit. But all parties asked the court to extend the deadline to May 23 in order to work toward settlement:

good cause exists for granting the requested extension of time, specifically, that Verizon and Trellian are engaging in settlement discussions, and the requested continuance will allow Verizon and Trellian to continue moving towards settlement

Stay tuned to Domain Name Wire for updates.


© DomainNameWire.com 2011.

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Above.com Optimizes Domain Parking Revenue

October 7, 2009above.com, Domain Parking, Domaining, DomainnamewireComments Off on Above.com Optimizes Domain Parking Revenue

Above.com optimizes your domain parking revenue.

A lot of people are complaining about falling domain parking revenues. To counteract the drop, they’re turning to domain development. But there’s a simpler solution: optimizing your current parking revenue.

I’ve been testing Above.com, a domain parking optimization service, for the past couple weeks. It does as advertised: optimizes your domains across parking companies to maximize revenue.

Above.com is a free service from Trellian, a keyword research company. It makes money from referral fees to parking companies and also plans to offer a paid version in the future.

To start, you link your parking accounts to Above.com. (About ten parking companies are supported, including many of the ones on ParkingJudge). Then you input your domains and change to the Above.com nameservers. The service kicks in, split testing your traffic across your preferred parking companies, ultimately pointing the domain to the company that provides the most revenue.

There are a couple other perks to Above.com beyond just maximizing revenue. First, it allows you to see all of your parking stats in one central location, rather than logging in to each account. Second, Above.com uses its nameservers’ traffic logs to compare to your parking company’s stats. This is important because all parking companies report visits differently. This means the RPM (revenue per thousand) they report can’t be easily compared to another parking company. Now you can see how many visitors actually visited the domain and calculate a true RPM for each company.

It’s difficult to understand exactly how Above.com tests traffic, and additional variants (such as country breakdown) would be a nice addition.

But Above.com is a nice improvement over the old method of split testing traffic, which was usually to use parking aggregators such as TrafficClub. Parking ad feed providers frowned on these services, which aggregated all of your revenue and paid you directly (keeping a cut for themselves).

Although Above.com leaves keyword optimization and domain-by-domain optimization up to you, it’s a great service for testing domains across multiple parking companies.


© DomainNameWire.com 2009.

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