LEGAL - INFORMATION
Diamondeyes® - is an intellectual property champion.
- - DIAMONDEYES PRESS RELEASE - -
IP Malpractice Warnings!
Immediate Attention Required: The Threat of Intellectual Property Malpractice in the Digital Age
Stockholm, January 10, 2025 – A growing crisis in the digital marketplace threatens to undermine the very foundations of intellectual property (IP) rights, jeopardizing the integrity of legitimate businesses and the trust of consumers worldwide. This press release seeks to address urgent concerns regarding online fraud, intellectual property abuse, and the disturbing practices of major platforms and registrars.
The Issues:
Online Fraud: The proliferation of phishing, identity theft, and Ponzi schemes have become rampant, endangering personal and financial information globally.
Intellectual Property Abuse: Trademark and copyright infringement are widespread, with protected logos, names, and content being used without authorization.
Unlawful Representation: Individuals and entities are falsifying identities and credentials, misleading domain registration information to deceive stakeholders.
Domain Squatting: The most common offense, where domains identical or confusingly similar to registered trademarks are acquired, exploiting a trademark's goodwill and market attraction.
Eroding Trademark Exclusivity: The genericization of trademarks dilutes their distinctiveness, leading to a loss of legal protection.
Impairing SEO Relevance: Confusingly similar domain names create chaos, diluting a brand's search engine ranking and relevance.
Competitive SEO Rank: Even without malicious intent, competitive SEO ranks can undermine the distinct value and visibility of legitimate domains.
Diversion of Traffic: Fraudulent websites redirect traffic from legitimate sites, using tactics such as DNS hijacking and phishing.
Sabotage: Intentional damage to business operations by bad actors in the digital space.
Mooching: Exploiting someone else’s brand reputation or traffic without authorization.
Transnational Complex Schemes: Exploiting multiple jurisdictions to evade legal enforcement, making it challenging to protect IP rights.
The Enablers: Online Criminal Parasite Cartel (OCPC): Platforms like Shopify and Amazon, along with domain registrars, exploit loopholes in domain administration and the inert ICANN regulations. This creates an environment of chaos and piracy, where rightsholders bear the burden and cost to defend their IP rights—a blatant reversal of legal practices.
Case Study:
One such example is the ongoing issue with the Diamondeyes® trademark. Despite legitimate ownership, the trademark is being cybersquatted by an Italian citizen residing in the UK, with the domain registered through a non-compliant registrar in Luxembourg. The fraudulent website misleads consumers by mimicking legitimate services, draining personal details, and avoiding direct contact information.
The Call to Action:
This letter calls for immediate and decisive action from regulatory bodies, law enforcement, and the platforms themselves. Stronger regulations, enforcement mechanisms, and a commitment to protecting IP rights are essential to maintaining a fair and sustainable digital economy. Without these measures, we risk fostering a global piracy regime where only bad actors thrive.
Proposed Solutions to Combat IP Malpractice:
Vetting Prospective Clients by Registrars:
• Registrars must thoroughly vet prospective clients to ensure they do not have a history of IP violations or malicious intent.
Blocking Trademarks & Copyright from Unauthorized Registration:
• Implement systems to automatically block the registration of domains that infringe on existing trademarks and copyrights, including reasonable variants that could cause confusion.
Veto Power for Rightsholders:
• Rightsholders should have the authority to veto proposed domain registrations that pose a risk of IP infringement or are likely to cause confusion.
Resolving ICANN:
• Overhaul the Internet Corporation for Assigned Names and Numbers (ICANN) to ensure stricter enforcement of IP regulations and compliance with global standards.
National Domain Ownership Policy:
Private Individuals:
• Can only register domains within their own country. Example: A Swede cannot register a Norwegian or Spanish domain.
Businesses:
• Must be vetted and have A-rated credentials. Allowed to register global TLDs like .com, .biz, .net, etc.
Global Reach, National Registration:
• Domains would be globally accessible but registration would be restricted to the owner's country. Registering a domain in one country would block the same domain name in other global TLDs.
Sub-domains for International Presence:
• National domains can have sub-domains for different regions. Example: eu.diamondeyes.se, us.diamondeyes.se, legal.diamondeyes.se, sales.diamondeyes.se.
The root domain must be nationally anchored, making it clear where the domain is governed.
Intellectual Property Protection:
• Block: Automatically block unauthorized domain registrations that infringe on existing trademarks and copyrights.
• Veto: Grant rightsholders the authority to veto proposed domain registrations that could cause IP infringement.
• Vetting: Thoroughly vet prospective registrants to ensure they do not have a history of IP violations or malicious intent.
This system could significantly reduce the potential for domain abuse and IP violations by ensuring that domains are properly regulated and rightsholders have more control over their intellectual property. It also simplifies the process of identifying the jurisdiction governing a domain, making enforcement easier.
Contact:
For further information and to support this urgent cause, please contact:
Ron Andersson
Proprietor, Diamondeyes®
Reg. No. 540267 (PRV.se & TMView)
Skeppargatan 82, 2TR
S-11459 Stockholm
Sweden
Email: legal@diamondeyes.se
Website: https://diamondeyes.se
Mobile: +46-(0)790-505001
Office: +46-(0)737-636358
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Introduction
The internet is a powerful tool for innovation and commerce, but it is also plagued by rampant intellectual property (IP) violations, online piracy, and cybercrime. As the sole proprietor of several exclusive trademarks, including Diamondeyes®, I am committed to protecting my rights and educating the public on the legal and ethical responsibilities of domain registrants and service providers.
Registering a domain name “does not mint a trademark” or authorize the registrant to infringe on established intellectual property rights. Ignorance of trademark law or wilful disregard for these rights exposes registrants to significant legal and financial consequences.
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Key Violations and Misconduct
1. Trademark Infringement
Registering or using a domain name that incorporates or imitates a registered trademark is a violation of intellectual property law. Trademarks are protected under national and international law, and their misuse can result in penalties, forfeiture of the domain name, and substantial damages.
2. False Representation and Affiliation
Any attempt to mislead the public into believing there is an affiliation with a trademark owner is illegal. Such practices erode brand value, confuse consumers, and constitute fraud.
3. Domain Name Squatting
Holding a domain name with the intent to sell it to the rightful trademark owner at an inflated price, or parking it without legitimate use, is a direct violation of laws like the Anti-Cybersquatting Consumer Protection Act (ACPA) in the United States and similar European frameworks.
4. Online Piracy and Brandjacking
Exploiting trademarks for personal or commercial gain, such as hosting counterfeit goods or unauthorized content, is a form of theft that undermines legitimate businesses.
5. Registrar Complicity
Many registrars and platforms fail to educate their clients about the risks of registering infringing domains. This negligence fosters a culture of impunity and actively enables online piracy. Registrars should mandate proper due diligence to ensure compliance with intellectual property laws.
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Responsibilities of Domain Registrants
1. Research Before Registering
Registrants must conduct thorough research to ensure the domain name they intend to register does not infringe on existing trademarks. A simple search in trademark databases or consulting with legal experts can prevent costly disputes.
2. Respect for Intellectual Property
Owning a domain name does not grant the right to use it in ways that violate trademark laws. Registrants are responsible for ensuring their use of a domain is legal and ethical.
3. Compliance with International Standards
Intellectual property laws are universal, transcending borders. Violations can trigger legal actions across jurisdictions, including involvement from agencies like Interpol or Europol for cross-border piracy.
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Consequences of Violations
- Legal Action
Violators will be subject to cease-and-desist orders, lawsuits, and criminal complaints under laws such as the Lanham Act, EU Trademarks Directive, and other international IP protection treaties.
- Financial Penalties
Compounded damages, penalties, and legal costs can amount to hundreds of thousands of euros/dollars, especially for wilful infringement.
- Loss of Domain Name
Infringing domain names will be confiscated and transferred to the rightful trademark owner.
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My Stand Against Online Piracy
I actively monitor and pursue all cases of trademark infringement and online piracy related to my intellectual property. Any registrar, hosting platform, or marketplace that enables these violations will be held accountable for “aiding and abetting criminal conduct”.
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Educating Registrars and Platforms
To registrars, platforms, and hosting providers: Your role is pivotal in preventing intellectual property violations. Ensure your clients:
1. Are informed about trademark laws and the risks of infringement.
2. Understand that registering a domain name does not override existing trademarks.
3. Acknowledge that failure to comply can lead to financial and legal liabilities.
Negligence on your part makes you complicit in the violations and liable for damages.
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Closing Statement
Protecting intellectual property is not just a legal obligation—it is a moral imperative. Let this page serve as a warning to all those who attempt to profit from my intellectual property unlawfully: You will be held accountable.
To those who respect the law, let it serve as a resource for understanding your responsibilities as part of the online ecosystem. Together, we can foster a fair and ethical digital landscape.
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