If You're Typosquatting Domain Names To Get Misaddressed Emails, Maybe Don't Target A 'Brand Protection' Law Firm

from the just-saying dept

Via Slashdot, we learn of a lawsuit filed by a "brand protection and anti-counterfeiting" law firm, Gioconda Law Group, against Arthur Wesley Kenzie -- a guy who apparently has been registering typo versions of company domain names (typosquatting) and then receiving the emails received at those domains -- possibly using them to pitch his own "security" help to the companies. He did this to Lockheed Martin, who chose to just get the domain transferred to them via the UDRP process, but Gioconda is suing for "trademark infringement and unlawful interception of a law firm's private electronic communications." The trademark claims may make sense -- since you could argue that there's a likelihood of confusion. And, clearly, what this guy was doing was sleazy. But is it really "unlawful interception of a law firm's private" emails? That's where it seems much trickier. After all, he didn't actually "intercept" anything. They were sent to him. The "problem" is that the senders chose the wrong address.

Gioconda seems to be claiming that because the emails didn't bounce, he was guilty of setting up special email boxes to intercept the law firm's emails:

"We discovered the cybersquatting and sent several test e-mail messages... to see if they were delivered to the misspelled e-mail addresses, and indeed, they were received by active mailboxes."

But, uh, plenty of domains are set up to allow any email to be received by an active (usually admin or default) account. So the fact that the emails went to a live account, rather than a bounced account doesn't automatically indicate "unlawful interception." That said, it does seem like what the guy did was pretty questionable, but it just seems dangerous to set a precedent that having someone send an email to the wrong address is somehow an illegal "interception."

Filed Under: arthur wesley kenzie, typosuatting, udrp
Companies: gioconda law group, lockheed martin