For any of you paying attention to this blog. We reported that WindowsXP.com had expired and was in the middle of an auction at NameJet. The domain was pulled today from the auction (despite being having only one day remaining). Although I’m not entirely surprised due to the Blatant TM infringement, I did request clarification on why. I recieved this response:
” The Domain was removed from auction Per the NameJet Agreement, Section 3.4, listed below.
NameJet Agreement, Section 3.4 in part:
You also agree that NameJet shall have the right in its sole discretion to suspend or cancel any auction (Public or Private) prior to commencement of, during, or after completion of, the auction.
While this seldom happens, a rare set of circumstances may necessitate a domain auction to close early or be removed from your account. This could be for a copyright violation, trademark infringement or other legal situation for example. If a domain is removed from your account, you will receive full credit for all auction fees paid for the domain. NameJet management takes this action very seriously and does not exercise this option lightly.”
Although I have no problem with this policy, what frustrates me is when its chosen to be enforced. Just yesterday the domain name Caddyshack.com was allowed to complete at auction without any kind of reprisal from NameJet. That domain itself has Trademarks all over it. Is it because Microsoft has the ability, know-how, and tenacity to fight back?