Domain Name Law Show with Todd Ryan, David Michaels and Jeffrey Neuman - Episode 217 - Special Guests Sten Lillestrom, Dr. John Elliott (4/29/25)

The Domain Name Law Show is hosted live every Tuesday at 12pm PST/3pm EST on X Spaces by Todd Ryan @abcproductions, David Michaels @davidmichaels and Jeff Neuman @jintlaw. Running time is 60-75 minutes. Everyone is invited and welcome.SHOW #217Special Guests: Sten Lillestrom, Dr. John Elliott Tuesday, April 29, 2025 @ 12pm PST/3pm ESTShow Outline A. Show Intro by Todd 1. Greet Audience and Introduce Co-Hosts 2. Make General Announcements 3. Share Show AgendaB. Special Guest Sten Lillestrom 1. Todd introduces Mr. Lillestrom (NextVenture.com) 2. Todd introduces Sten's colleague, naming expert Dr. John Elliott (ElliottVerbal.com) 3. Sten shares his business background and domain investment experience a. What services does Next Venture offer? 4. Dr. Elliot shares his background and introduction to the naming space C. Topics 1. Blog Post: What are we even talking about anyway? a. Understanding the term "generic" i. sleeptopia.com case ii. Sniglets (Rich Hall)Elbonics: The actions of two people maneuvering for the armrest in a movie theater.Peppier: The waiter at a fancy restaurant whose sole purpose seems to be walking around asking diners if the want ground pepper. iii. medaxis.com case b. The meaning of "distinctive" 2. Blog Post: Four explanations for the nature of namesD. Questions for Mr. Lillestrom and Dr. Elliot 1. You argue that dictionary inclusion should not be the primary test for genericness. What alternative framework would you recommend for panelists or courts to assess whether a term is truly generic? 2. How can UDRP procedures better account for natural word formation and creativity when respondents do not participate, to avoid unfair assumptions of bad faith? 3. How could trademark law be refined to better recognize linguistic creativity without undermining protections against genuine cases of cybersquatting? 4. You propose that "meaningfulness vs. meaninglessness" might be a better test for distinctiveness than "common vs. unique." How do you envision courts or panelists practically applying a "meaningfulness" test in trademark and UDRP contexts? 5. You argue that brandable domain investors often create value through legitimate, general appeal without targeting specific trademarks. How could UDRP procedures be improved to better distinguish between good-faith brandable investments and bad-faith cybersquatting? 6. Given the ambiguity courts face in classifying names as descriptive or suggestive, do you believe trademark law should be restructured to better align with linguistic realities, and if so, what specific reforms would you suggest? 7. Tell us about your introduction to and sales history with brandable marketplaces Brand Bucket and Atom (formerly Squadhelp), and your relationship with these platforms today. 8. You shared a lot of great domain investing data and sales information on X. Why did you close your X account? 9. What kinds of names do you think will hold their value best over the next 5–10 years? 10. In you opinion, what makes a name strong enough to be protected by trademark law? 11. From a linguistics perspective, what advice would you give domain investors when choosing names that will both resonate with users and stand up to legal scrutiny if ever challenged? 12. What mistakes do you see domain investors make when picking names from a branding and language perspective? E. Todd Closes the Show