At what point are you a serial trademark infringer?

 

Good Afternoon folks!!

At what point are you a serial trademark infringer? I think that is a fair question.

 

I have heard every excuse in the world for owning trademarked domains. That is what they are, excuses.

 

Now let me tell you how I view it. When you have thousands of domains there are going to be a small percentage that could eventually be challenged. But the keyword is SMALL PERCENTAGE!

 

So if you have 100,000 domains and 10,000 (10%) are questionable, you ARE a trademark infringer.

 

So if you have 50,000 domains and 2500 (5%) are questionable, you ARE a trademark infringer.

 

So if you have 10,000 domains and 500 (.5%) are questionable, you ARE a trademark infringer.

 

Now let's work it backwards and see. I think it is possible for a TINY amount of any portfolio to possibly have a few questionable domains. It is the nature of the business and you never know who will challenge what, but some are in your face obvious.

 

10/1000? Ok and THAT is even high!!

 

But as a rule of thumb, that would make a portfolio with 100,000 domains have 1000 possible infringements. I believe that number is still high and unacceptable. 1000?? Come on! There is no excuse for that. What number is realistic? Maybe 100. 1 in 1000? 2 in 1000? THAT is where I would say a portfolio should max out. Really, anything more and you could be labled a serial infringer. 1 or 2 in 1000. 3? 5? What is an acceptable rate from where you sit?

 

Newbies are coming in and all they do is buy this garbage. They make us look bad and put themseleves in lots of legal jeopardy that has the potential to blow up in their faces.

 

Why is this important? Because "Ambulance chasers" have found a more rewarding and lucrative pass time. They can mass email domain owners and rake in domains and dollars like a casino clearing the craps table.

 

Be warned just how widespread this is about to be. If you are a serial trademark infringer, it's gonna ruin your day. At some point we are all in the same cesspool when anyone from the outside looks in and that is why everyone should care about this. On the other side there is a lot of over reaching. Those that think they are entitled to what you own. But it is FUELED by the infringers themselves for making this such a fertile ground of TM abuse.

Have a GREAT Day!
Rick Schwartz.