True" trademark owners trying to determine whether a domain name is being used in bad faith sometimes need to look beyond a public website, especially if there are indications that the domain name might be associated with fraudulent email activity. Music, hi, it's Doug Eisenberg. And the case I'm talking about here included two things that trademark owners should explore when filing complaints under the UDRP or Uniform Domain Name Dispute Resolution Policy. First, the word "mail" was actually included in the domain name itself. And second, the alleged cybersquatter had configured MX records for the domain name so it could be used in connection with email. Now, I'll explain both of these issues in detail in a minute, but first, here's the background of the case, which involved the domain name mailequinore.com. The UDRP complaint was filed by a company called Ecuanor, which is engaged in the energy sector and is headquartered in Norway. Now, Ecuanor uses the domain name ecuanor.com and, according to the UDRP decision, owns several trademark registrations for the word Ecuanor, including an international registration that was registered in 2018, about two and a half years before the disputed domain name mailequinore.com was created. In the UDRP case, Ecuanor argued that the domain name resolved to a parking page with pay-per-click or PPC links, which is a common way for a cybersquatter or others to monetize a domain name as part of an affiliate program that pays domain name registrants a small fee every time a website visitor clicks on one of the links. Some cybersquatters have large portfolios of domain names associated with PPC sites and earn substantial revenue just through the sheer volume of traffic that their domain names attract. But in this case, Ecuanor also argued that something else was going on. Specifically, it noted...
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