Back in September, we published a Perspectives paper about a survey scam that targeted social networks: when Internet users mistyped the domain names of popular social media sites like Facebook, Twitter, YouTube and others into their browsers’ address bars, they were led to a website that was formatted similarly to the target homepage, but displayed a survey in place of the expected content. The surveys promised prizes for answering questions and – surprise, surprise – never delivered on those prizes. Instead, they stole users’ valuable personal information.
In the study, we noted that shortly before we published, Facebook had filed a lawsuit against 25 defendants over 104 different domain names, many of which we identified as hosting this survey scam. Now, according to Fusible, Google has come out on top in its own struggle against survey scammers. The search engine giant, and owner of YouTube, filed a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint with the National Arbitration Forum over the domain names youtbe.com, youtub.com, youtue.com, youube.com, and yutube.com, all of which had popped up in our study as hosting the survey scam.
Recovering these domains was by no means a bad move on Google’s part, but it amounts to a drop in the bucket: in total, we had identified 81 typos of YouTube.com that had been squatted to host this scam, many of which receive extremely high volumes of traffic (by our calculations, a single domain receives over 19 million visitors annually). These five domains receive fewer than 300,000 visitor per year, accounting for only 0.72 percent of the total traffic that all the squatted Youtube.com typos in our study receive. Conversely, if Google had targeted the top five typos that receive the most visitors, it could have recovered over 90 percent of traffic, or more than 35 million annual visitors, that are exposed to these survey scams. That would have gone a long way in protecting YouTube’s users, and in turn would have stemmed a significant portion of the damage that these scams have inflicted on the YouTube brand.
But on the bright side, Google is clearly aware of the survey scam problem, and the UDRP Panelist reached a fairly open-and-shut decision. These two factors bode well for the company, should it decide to pursue more of these typosquatted domains.
Last week, FairWinds launched a new service called FairWinds Intelligence, a patent-pending revolutionary new domain name infringement and management technology. Intelligence utilizes the Domain Name Intelligence Engine (DNIE), a software that identifies, categorizes and quantifies infringing domain names, and when combined with our advisoryservices, helps clients make real-time decisions about which domains to recover.
Years ago, when we first entered the business of domain name strategy consulting, we knew the field would be constantly changing. In fact, that's one of the things that excited us about it. We knew we, too, would have to adapt in order to continue providing our clients with the best advice in the most time- and cost-efficient way possible.
Other automated domain name monitoring tools have been around the marketplace for a while now. Because FairWinds has such a trusted relationship with all of our clients, we have been privy to the best and the worst tools that others offer. Unfortunately, we've observed that the vast majority are overpriced and frankly, inaccurate in their categorizations of infringing domains. Moreover, they do nothing to actually prevent or combat cybersquatting for the clients who use them.
In the past, we rejected the idea of developing our own tool, largely because here at FairWinds, we are branding, marketing and legal experts, not software developers. But then we met Desvio, a technology provider based in Silicon Valley that is comprised of a small group of highly skilled engineers. But the Desvio team is more than just talented technologists – they truly understand the bigger picture of cybersquatting and the impact that it can have on businesses outside of the realm of the DNS. When we met Desvio, we realized now was the right time to take the leap and develop our own tool.
The result was an easy-to-use dashboard interface where clients can access and view all of the domains classified by the DNIE, receive real-time notifications and manage the workflow to recover valuable domains. We're very pleased with the end result, and can't wait to begin rolling it out to clients.
For more information on the new Intelligence service, visit our Services page on the FairWinds website.
Last summer, FairWinds published a whitepaper on the cost of typosquatted domains for the 250 most popular websites. Through our calculations, we discovered that typosquatted domains cost those websites, in total, millions of dollars per year due to unnecessary advertising costs, lost sales, and poor user experiences.
Yesterday, Bloomberg Businessweek ran a story by Tom McNichol detailing the threat the typosquatting poses for companies. McNichol cited our study, "The Cost of Typosquatting," in that article to illustrate how pervasive and damaging the problem is. It's a great article that really gets at the heart of the problem, so we recommend giving it a read. You can also check out our most recent typosquatting study, which identified a link between social media typosquatting and online survey scams.
Here at FairWinds, we are all too familiar with the threats that typosquatting poses to brands in terms of diverting or stealing customers; exposing those customers to scams or malware; diluting brand image; and other potentially harmful activities. But a recent article in Wired describes a new level of typosquatting malfeasance. Researchers built a program that used typographic variations of major companies’ domain names to set up email servers, and collected over 20 gigabytes of misaddressed email over a period of six months.
The intercepted emails all contained what the researchers labeled “doppelganger domains,” named as such because they closely resemble the target domains, with only slight typographic variations. The emails revealed information like employee usernames and passwords; legal documents; trade secrets; and even highly sensitive network information that could easily be exploited by hackers.
The research revealed that as many as 151 of the Fortune 500 could be vulnerable to this type of email-grabbing scheme. Many “doppelganger domains” of the largest U.S. companies have been registered by parties in China, perhaps for corporate spying purposes. In addition to stealing information, cyber criminals could also use these typo domains to stage man-in-the-middle attacks on two companies that are corresponding.
And as is the case with other manifestations of typosquatting, the researchers concluded that companies can avoid this type of scheme by proactively registering and reclaiming typo, or “doppelganger” domains.
Late last week, Facebook filed a lawsuit against 25 typosquatters over domain names that are typographical variations of Facebook.com.
Last summer FairWinds found that over 48 million visitors per year are diverted away from Facebook by typo domain names. In the lawsuit, Facebook contends that the “defendants’ schemes…diminish the goodwill associated with Facebook and its marks, injure Facebook’s reputation, breach enforceable agreements between Defendants and Facebook, interfere with Facebook’s business, and unjustly enrich Defendants”.
In a study that we are currently conducting, we are researching the prevalence of survey scams on typo variations of social network domain names. Some of the most common typo or keystroke mistakes that Internet users make lead to surveys promising prizes like iPads or gift certificates in exchange for answering questions. Unfortunately, these surveys systematically steal users’ personal information and, unsurprisingly, no prizes are distributed. This is plaguing the most popular social networks, including Facebook, Twitter, LinkedIn and YouTube. We will be releasing the study later this month, so check back with us.
This week, FairWinds published a paper that was the culmination of research into the prevalence of malware among typos of popular websites' domain names. We discovered that hundreds of these sites expose users to computer-infecting viruses, invasive spyware, or information-stealing Trojan horses.
Typically when we study typosquatting, we focus on the fact that the typographical errors that Internet users make while typing in the domain names of popular websites can cost the companies behind those sites millions of dollars in lost revenue and unnecessary advertising fees. However, in this most recent investigation, we found that users are at risk as well.
In total, we found instances of typo domain names that spread malware across the sites of 82 major brands. These include brands like Google, Microsoft, USA Today, The New York Times, AutoTrader.com and Travelocity.
When a cybercriminal exploits a recognizable and trusted brand name to spread malware, it can be extremely misleading to Internet users, and we have found that they may direct their anger toward the company in question. The FBI backs up these findings:
“We see it all the time,” says Supervisory Special Agent Charles Pavelites of the Internet Crime Complaint Center (IC3). “People believe what they see on the Internet and in emails. If a consumer visits a copycat site hosting malware that looks like it belongs to a legitimate company, he or she is more likely to believe that whatever harm is incurred is the company’s fault.”
When it comes down to it, brand owners must be diligent about enforcing their brands in the domain space and protecting their customers. When malware is involved, that goes beyond protecting against monetary losses to protecting customers and delivering the best online experience, while protecting brand equity in the process.
A UDRP Panelist has, once again, sharply lambasted CitizenHawk for its mishandling of a complaint on behalf of one of its clients. The Panelist went so far as to find the client, Tiny Prints, Inc., guilty of “reverse domain name hijacking” (RDNH). Tiny Prints, Inc. v. Oceanside Capital Corp. c/o Web Admin, NAF Claim No. FA1007001337650 (2010).
CitizenHawk describes itself as a provider of digital brand management solutions; the majority of the work the company does involves recovering cybersquatted or typosquatted domain names for its clients, managing those domains, and defensively registering other domain names. It was founded in 2006 by Graham MacRobie, who is now the President and CEO of Alias Encore, a company that appears to have the same general business model.
One of the services that CitizenHawk touts is its ability to identify infringing typo domains of its clients’ brands. But it uses automated searches to perform this task, meaning it simply provides a laundry list of registered typo domains without discerning which are actually worth pursuing. While CitizenHawk avers that this approach is much more time efficient, removing the human element produces cookie-cutter results that are in no way tailored to their clients’ individual needs. The company takes the same approach in filing UDRP complaints on its clients’ behalf, hence its repeated failures to recover names and chastisement by UDRP Panelists.
In the Tiny Prints decision the WIPO Panelist noted that “this Complaint, prepared by Complainant’s representative, CitizenHawk, is so poorly drafted and difficult to read that the Panel found it necessary to study the exhibits and review online data to make sense of the allegations.” After denying the claim, it went on to find that the Tiny Prints and CitizenHawk had engaged in reverse domain hijacking since no proof of prior trademark rights had been submitted, even after the Panelist specifically gave them an opportunity to produce evidence after the complaint was filed.
Sadly, a prior CitizenHawk client had suffered at the hands of its production-style method of filing UDRP complaints. In Letstalk.com, Inc. v. Inofirma, Ltd c/o Domain Administrator, NAF Claim No. FA1002001310279 (2010) the Panelist said it was “quite troubled by the apparent carelessness with which the Complaint in this proceeding was prepared.” “[T]he Panel believes that it was prepared by some sort of automatic process with little or no human review.” In support of this it was noted that “[t]he Complaint includes an obviously false contention regarding the timing of the registration of the disputed domain name.”
Speculation now abounds as to whether Tiny Prints or Letstalk.com will pursue legal action against CitizenHawk for either malpractice or negligence.
Royal Pains is a television show on USA about Hank Lawson, a “concierge doctor” working in the Hamptons. During a recent episode, in addition to dealing with the usual gamut of medical maladies, the characters were also confronted with a case of typosquatting.
In the opening scene, Hank's brother (and CFO of their company, HankMed) Evan leaves a voicemail furiously explaining that when he accidentally mistyped “HankMed.com” as “YankMed.com” in his Internet browser, he was directed to the site of a rival concierge doctor, Emily Peck. As the scene goes on, he points out that the rival doctor also owns “HankMe.com,” “HankMes.com” and “HunkMed.com.” Take a look at the clip:
Emily assures Evan that she’s not doing anything illegal. But we all know HankMed could sue her under the Anticybersquatting Consumer Protection Act (ACPA), assuming the fictional business had registered the “HankMed” trademark or could otherwise prove that Hank had developed a reputation under that name (and fans of the show know that he definitely has). Unfortunately, Hank seems entirely unfazed by Emily’s actions...probably because they’re romantically involved. At least Evan seems to understand the gravity of the situation. Clearly typosquatting makes for high drama.
FairWinds recently released a study that calculated the cost of typosquatting for the brands behind the 250 most highly trafficked websites. The total included costs from visitor acquisitions, lost sales and impressions and also recovery of typosquatted domain names, and came out to $327 million per year.
A major source of losses for brand owners is pay-per-click (PPC) sites; when a company invests in paid search, its ads appear on PPC and other websites in addition to the search engine’s results pages. When an Internet user clicks on the sponsored link, either on the search engine site or another site, the company pays a click fee. When an Internet user makes a typo or keystroke error while trying to reach a brand’s website and lands on a typosquatted domain site that is leveraging PPC to monetize traffic, we have found there is an 18% chance he or she will click on the targeted brand’s link (meaning the brand suffers a loss in the form of a click fee for gaining the visitor) and a 7% chance he or she will click on a competitor’s link (meaning the brand suffers a loss in the form of diversion while another advertiser pays the cost-per-click (CPC) and picks up the visitor). The formulas that we used to calculate those losses are as follows:
For users who click on the targeted brand’s link:
18% x (Annual traffic per domain) x (Average CPC) = Advertising costs for the target brand
For users who click on a competitor’s link:
7% x (Annual traffic per domain) x (Average CPC) = Advertising costs for the target brand’s competitor
Originally in our calculations, we used an average CPC of $2.74 for each formula. Given that we could calculate the CPC for the specific keywords in this study of 250 sites, we leveraged today’s Google estimates for each keyword CPC rather than looking at an historical average for a broad range of keywords. Because there was a range of CPC and traffic values that could have created bias, we then extracted the weighted average CPC across the dataset. We determined that $2.03 was the weighted average CPC for all the sites included in our study and therefore, $2.03 is the actual cost the site owners incur when a visitor lands on a typosquatted parked page and clicks on their link. Ultimately, this is the amount of money paid by the advertiser and shared by the contextual Internet advertising provider and the owner of the domain (and sometimes an intermediate party such as a domain parking company).
Obviously, this reconsideration alters our final calculation somewhat. With the new average CPC, the total cost from ad clicks on typosquatted PPC sites in our study is $187,288,458 per year. When added to the costs of lost sales and impressions, plus domain recovery costs, the re-calculated total cost of typosquatting is $364,276,874 per year.
If it’s not already apparent in the scope of this study, this figure applies to the 250 sites that we studied, and is not a comprehensive measure of all typosquatting (that figure would obviously be much greater). To read the updated paper with an in-depth discussion of the damage that typosquatting inflicts on the 250 most trafficked websites, visit the FairWinds site for the entire paper, or the revised section for a discussion of how we calculated the sample set CPC.
Southern Company (Southern), a Fortune 500 company that provides energy related services in the South, filed for an injunction against Dauben, Inc, a corporation that owns over 600,000 domain names, to suspend its use of the domains sotherncompany.com and southerncopany.com. Southern, which is a Fortune 500 gas & electric utility, had filed a lawsuit against Dauben over the registration and use of sotherncompany.com and southercopany.com—Southern claimed that Dauben was engaged in typosquatting and was therefore in violation of the Anti-Cybersquatting Consumer Protection Act (ACPA). The district court found that Southern was likely to prevail in its lawsuit and awarded the injunction to prevent any further damage to the company until the matter was officially resolved.
An appeal filed by Dauben, however, vacated the injunction. The appellate court found that the district court was too quick to assume the likelihood of Southern prevailing in its lawsuit against Dauben. Looking to ACPA, the appellate court determined that Dauben may succeed in its defense using the Act’s “fair use” clause and that the district court did not adequately consider how Dauben’s use of the domains caused “irreparable injury” to Southern.
I’m not a trademark lawyer, but in reading the decision, the language that particularly struck me centered around the appellate court’s dismissal of the “irreparable injury” claim. The appellate court stated that the district court inaccurately assessed the confusing similarity of the typo domain names to southerncompany.com and determined that “the likelihood of confusion test in trademark infringement law is different, and more comprehensive, than the test for ‘confusingly similar’ under ACPA.”
CADNA has been pushing for a more comprehensive ACPA for years now. In order for ACPA to be an effective piece of legislation—in other words, a piece of legislation that creates a deterrent against cybersquatting, which is what it was intended to do when it was passed a decade ago—it needs to be brought up to date. Cybersquatting techniques have evolved and continue to evolve; we need ACPA to evolve along with them or else cybersquatters will continue to find loopholes to avoid accountability.