The Blind Leading Those Who Can Not See

 Beware of Domain Name Traffickers. by John F. Letchford: (From the Archer and Greiner Intellectual Property website.)

Excerpt: “”Domain parking sites collect and index additional links where domain name registrants share revenue generated by web traffic but do not directly compete with the holders of similar legitimate trademarks or brand names. Registrants of parking sites typically use computer software to automatically register expired domain names and then ‘park’ those domains on pay-per-click portal sites..”
http://www.archerip.com/beware-of-domain-name-traffickers/

***FS*** That statement above is just wrong. That is not a “typical” parking practice. In fact if anything in this author’s piece is “typical” it’s the incorrect use of industry lingo and vernacular serving to cheapen a well intended piece summarizing the ills that plague the domain industry..  It’s unfortunate that some IP wonks (intentionally or unintentionally) throw the baby out with the bath-water, lumping domain parking, legitimate monetization and domain name investment activities with the darker ills of kiting trademarks and cybersquatting.  Reading this piece I was left wondering what kind of Internet folks like Mr. Letchford would have us all visit? There is no Internet without domain name registrants.  Shrill pieces which lump the good and bad elements of domain investment together, simply serve to flail their arms at decent newcomers wanting to learn more about the space.

I get the sense that the secondary domain “trafficking” or domain resale industry would surely be legitimate if it were controlled by “legitimate” clients like mother telco or father infrastructure co.. or aunt search engine – any legitimate brand really, who will pay the bills of IP ‘experts’ who know little of entrepreneurship and turn a blind eye to cottage industry American capitalism..  I have a good deal of disdain for those who come late to an industry, know little about the subject matter about which they write, then speak from an expert’s pulpit, only to place their feet in their mouths by mischaracterizing the space they profess to have knowledge about.

When Domain Managers Go Bad

Andy sends link: http://seattlepi.nwsource.com/local/6420ap_wa_microsoft_domain_fraud.html

   ***FS***  So much loose money and price swings in the domain business…  a perfect opportunity for ne’er-do-wells to profit..  Only one problem..  it’s hard to keep a secret on the Internet. Crime doesn’t pay..  especially online.

Thursday Linkfest

Invest.com bid up to 431k at Auction

auction is still live. 4 hours to go, as of 10 a.m. EST. Friday, Dec 6, 07  Reserve is 200,000 - 499,999. http://www.greatdomains.com/auction/auction_detail.php?language=us&auction_id=21998&tracked=&partnerid=32392

***FS***  Great name..  This is fully valued from a wildcat-return investor’s perspective.

Which domain extensions have increased in value the fastest. 

Between 2004 - 2007. http://www.domainbits.com/increase-value All the data:  http://www.domainbits.com/data

***FS***Summary:  Buy .com’s

Whizzbang: Where to buy domains.

http://www.whizzbangsblog.com/content/view/335/86/

***FS*** still find deals on SEDO.com,  Afternic.com and GreatDomains.com

Verisign states that 146 million domain names registered across all TLD’s.

12 million in the last quarter. http://www.dnjournal.com/archive/lowdown/2007/dailyposts/12-05-07.htm Josh

***FS***  Most of the 12mm new names were discovered through tasting ..  and (very very important) only 5-10% of all 146mm names are worth anything whatsoever.. to any more than one distinctive entity.  That means there are just 7 - 14 million investment grade names available to the world.. How many do you own?

Alvaro Albarracin goes on a .mobi speculation shopping spree.

http://www.conceptualist.com/2007/12/06/alvaro-albarracin-breaks-dotmobi-sales-record/

MUSIC.MOBI = USD 616K
GAMES.MOBI = USD 401K
SPORTS.MOBI = USD 101K
MOVIES.MOBI = USD 82K
PHOTOS.MOBI = USD 51K
VIDEOS.MOBI = USD 51K

Alvaro says “I am not planning on developing these names,  I am planing on selling these sometime in the near  future.” .. 

***FS***Sell Alvaro ..  run like the wind and sell.  This man will be joining Dr. Van Neeste in the land of irrelevance shortly

Pubcon coverage.  Domaining.

Effective Domain name strategies  http://www.seroundtable.com/archives/015575.html

***FS***  These are good beginnings..  bet that a handful of folks had the light-bulb domaining moment.. 

Domains and trademarks.

Clark Walton, Esq. - Domain Name Law http://www.seroundtable.com/archives/015574.html

***FS***  Synopsis of presentation provides interesting insight into lawyer’s thinking, tactics.. Most domainers I know don’t run from lawyers.. They have lawyers too  :)  In 7 years I’ve found that you are more likely to be challenged by an over-reaching lawyer on a legitimate registration that you are to be backed into a corner over a name you really shouldn’t own.

Bruce Clay’s take on Richard Rosenblatt’s keynote

http://www.bruceclay.com/blog/archives/2007/12/keynote_address.html

***FS***  I like Richard Rosenblatt..  He’s a one in ten million character..  One of the most charismatic people I have ever drank Patron with / met.

Pubcon coverage links above via Sahar.

http://www.conceptualist.com/2007/12/06/pubcon-coverage-effective-domaining-strategies/

***FS***  Thanks Sahar!

Domain industry events listed.  Til May 2008.

http://www.domainnews.com/industry-events/

***FS***Nice summary to bookmark on DomainNews.com

Domain Truffles.

Josh says: Michael Berkens talks about domains as commodities and collectibles.  As well, he highlights the notion of quality by briefly discussing buying oil paintings at a flea market as compared to going to Art Basel in Miami, where 500 million dollars worth of art is expected to sell in just 4 days. He likes truffles, too.  Btw, Michael, it was a dog and not a pig that found the giant truffle that recently sold at auction in Macau. http://www.thedomains.com/2007/12/05/domain-truffles-2/

***FS***Berkens is an attorney turned domainer..  He has great insight into the value proposition that meaningful generic names represent.  Love the truffle analogy Mike.

Moniker Pubcon auction results.

Monte continues to move auctions outside of the  domain investment community.  That’s a good thing. http://www.domainstate.com/showthread.php3?s=&threadid=84850
GrandPa.com - $55,000
FamilyServices.com - $45,000
MortgageRates.org — $17,000
BlindDating.com — $14,000
ComputerDiscounts.com - $10,000
More sales results of other names here: http://www.domainnamenews.com/events/moniker-pubcon-2007-auction-results/1328#more-1328

Tips for finding brandable domain names. 

by Bill Eisenmann.
Excerpt: “”Not everyone is looking for keyword rich, generic domain names. Many Internet startups are looking for a simple, catchy name or phrase to build their online identity around. Brandable, web 2.0 style domain names have gained popularity in recent years mostly due to the explosion of social-networking sites. http://availabledomainnames.com/2007/tips-for-finding-brandable-domain-names/

***FS***  Everybody wants traffic..  Everybody..  Whether they say it or not..  whether they know it or not..  nobody wakes up in the morning, says “I want to start a website that nobody will visit”.  Nothing happens on the Internet without traffic.  Generic keyword style domain names get a primer-level of organic type in traffic for nothing more than the keyword weight or gravity of the name itself.  Those are the “catchy”, “brandable” and “cool-sounding” names which constitute the 5-10% of all names registered which are worth anything at all..  Those are the names you want.

Domain Tools Auction

Jay responds to auction criticisms, reduces after auction pricing reduction for names that don’t sell to 10% reduction from previously stated 20% reduction, and drops his commission to 9 % from 10%. http://blog.domaintools.com/2007/12/auction-rules/

Joshsays: Read the post for more details and other info.  One of the things that Jay says is they they will do alot of pre auction promotion, to generate interest.  Thing is, the cut off date for name submissions is Christmas eve, and the auction is on January 3rd.  ?. Jay retains exclusive rights to sell the domain for 60 days after the auction.

***FS***  It’s his sandbox..  and he needs some kind of tool to discourage off-block sales after auction close.  Understand the sellers POV too tho.

Facebook bows to pressure about Beacon Ads.

Allows users to turn them off completely.  How many will turn it off?  Choice. http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9051119&intsrc=hm_ts_head
http://yro.slashdot.org/yro/07/12/05/2114247.shtml

***FS***  Josh Quitner was unfairly silenced on this..  It’s Facebook who deserved the slap-down IMO.  http://valleywag.com/tech/media/facebooks-foolish-foes-330424.php

Nokia to continue to invest in online services

.. to add value to their phones. http://www.news.com/Nokia-sets-eyes-on-Internet-to-support-handsets/2100-1039_3-6221589.html?tag=nefd.top

***FS***  Nokia is in trouble long-term..  They don’t have the software..  Anyone can make hardware.

WIPO Increasingly Says Okay to Using Trademark Brands as Protest Tools

http://news.zdnet.co.uk/internet/0,1000000097,39291329,00.htm

This is the kind of direction we need to see more of..  It’s an unhealthy and unsafe dynamic when brand holders can beat you up because you told the world “their brand stinks” via a website which incorporates their brand-name.  Taken to it’s illogical conclusion, we’d have to invent codewords to talk about the products and services we dislike. 

“”There is a certain inevitability” that more and more of the sites will be allowed, according to Wilbers. Companies will have to go along with it, he said, because there are too many sites and alternate sub-domains to police their branding effectively.

“Whether they like it or not, the internet is being used for such purposes,”"

Ya gotta love Free-speech.  Power to the people..  What the Internet is all about.

Tuesday Linkfest

Police the Minority, Ignore Bigger Problem

 http://www.out-law.com/default.aspx?page=8738

***FS*** Out-law.com means well but can’t see the forest for the trees here.  An IP “expert” proposes a “Domain police force” to tackle cybersquatting.  Yeah..  that will stop all that stolen traffic..  sure it will bub.  Most “traffic” that gets incorrectly plumbed or stolen on the internet, does so at the portals and error pages, not on domains..  You can police domains, making individual registrants the whipping boy, but that doesn’t stop traffic intended for your site from being stolen in the browser or on portal sites..  John MacKenzie:  try typing out-law.dom or .xom or .cpm in your browser and tell me what your eyeballs see.  Who created that page? Why didn’t the browser correct you and send you to ‘your’ site?  The total amount of traffic taken to the right of the dot, far and away eclipses all traffic taken by cybersquatters.

Google.cm 

Redirecting traffic to new social network perfspot.com ..  type the name www.google.cm get a page that reports “the offering you are looking for can not be found”  (or something to thst effect) .. then *poof* get flopped over to http://www.perfspot.com/join.asp?p=80247&t=CD579

The Power of One Good Name

Courtesy of Bryan:  http://www.pehub.com/wordpress/?p=1782 Mainly this part: “”First up is 1-800-Diapers, or www.diapers.com, a baby products ecommerce company that has raised $7 million in Series B funding, according to a regulatory filing.”"

WeldingRobots.com sells for $50,000.

Very tight focus on this baby.  I’m picturing those robotic welders in car assembly plants.  I would imagine they are quite expensive to buy or lease. http://insidedomaining.blogspot.com/2007/12/domain-name-weldingrobotscom-50000-sold.html

***FS***  Speciallized domains are often the most valuable for that reason

Domainers Magazine

…to offer access to online version of mag for free in Jan 2008. http://www.elliotsblog.com/index.php/2007/12/04/domainers-magazine-anniversary-gift/  the mag : http://DomainersMagazine.com/

***FS***  I think it’s only natural for a business publication about digital topics to be in digital form
Miriam Ellis writes that Homestead.com will not allow you to point your domain name that you purchased from them to a different hosting company.  She lists 12 tips for those planning to use a template-site-building company. Based on this archaic restriction, I would Never
register a domain name thru Homestead.com. http://www.searchengineguide.com/miriam-ellis/homesteadcom-your-domain-name-with-strin.php 

iPhone has .09 percent of Web usage.

Josh says: Not bad, considering that the iphone has only been around 6 months.  It beats usage stats of Windows CE, Danger’s Sidekick and the Symbian S60 smartphone. http://valleywag.com/tech/stats/iphone-has-009-percent-of-web-usage-++-yes-thats-a-lot-329413.php

***FS***  This is a huge! a fraction of a percentage may not blow your hair back but this is a new device! It’s gotten this quick share because iphone allows you to easily and intuitively navigate using a real browser, keyboard and .com domains.  Give it time..  this thing will grow like the ipod.

Rumour:  FTC will approve Google’s Doubleclick

acquisition: http://valleywag.com/tech/acquisitions/ftc-to-approve-google+doubleclick-merger-this-week-329393.php

***FS***  A monopoly is born

Rumour: Li Ka-shing Foundation buys Facebook stake.

Invests 60 mil based on 15 billion value.  Gets 0.4 percent share. http://www.news.com/Source-Li-Ka-shing-Foundation-buys-Facebook-stake/2100-1030_3-6221258.html?tag=nefd.top

***FS***  Good for Li ;) ..  not so good for me..  I wouldn’t invest in this co.

Related from Javier:

“”A couple of weeks ago we were taking about Facebook, and how it may all cool down pretty soon. You may find interesting this detailed article (not mine) that exposes 15 reasons why Facebook is not worth 15 billion: http://mashable.com/2007/12/03/facebook-15-billion/ ”"

Monday Linkfest

Which tld should bite the dust?

http://www.domainersgazette.com/the-dot-what-tld-deathmatch/ 

***FS*** Domainer’s Gazette runs a refreshing poll ..  Should serve as excellent guidance to newbies.

Parking Transparency 

Whizzbang sets out a roadmap for Standards and Transparency for parking companies.

***FS*** I think true transparency is a pipedream absent some kind of leverage on the upstreams.  Nothing begets nothing tho,  so kudos to MG for writing.http://www.whizzbangsblog.com/content/view/333/1/

Elliot Silver interviews Jeremy Padawer.

***FS*** Jeremy is a legacy domainer I remember Chernoff mentioning the guy in the “way early” days ..  today Padawer has a very full time job in the toy industry, and also is quite serious about domain names. He’s been investing in geo names over the last six months. memphis.org, scottsdale.org, rye.com, abilene.org, tempe.org, and others. Josh says: Jeremy is sometimes very funny and outrageous. http://www.elliotsblog.com/index.php/2007/12/03/5-with-jeremy-padawer/

Madison Avenue’s Fear Of Domain Names.

By Stephen Douglas. “The truth of it is that Madison Avenue doesn’t want domains to compete with their abilities as an ad agency and undercut their client’s ad budget. pure and simple.” http://www.successclick.com/madison-avenues-fear-of-domain-names_2007_12_02/

***FS***  I personally think it’s less fear and more ambivalence or lack of understanding..  Most individual names get very little upfront traffic.  We live in an immediate gratification society.. One name 100 visits a day, nothing to get excited about ..  One name plus 12 months building to 10,000 visits a day..  that’s exciting, but it’s also uncertain and far off. Hence,  nothing to get fired-up about on Madison Ave.

Why some early stage startups fail.

***FS***  Valuable lessons here .. Written by someone at UnionSquareVentures.com. Excerpt: “”So it’s pretty clear to me that most venture backed investments don’t fail because the business plan was flawed. In my experience at least 2/3 of all business plans we back are flawed. Most venture backed investments fail because the venture capital is used to scale the business before the correct business plan is discovered. That scale/burn rate becomes the cancer that kills the business…. Regardless of whether you have taken venture capital or not, capital efficiency and bootstrapping are critical values. You must keep your burn rate low until you can show without a shadow of a doubt that you have a business model that works, can be operated profitably and is ready to be scaled. Then and only then should you step on the gas.”" http://www.unionsquareventures.com/2007/11/why_early_stage.html 

.NL Dutch Sedo Auction results.

Prices in Euros:
veiling.nl   ? 46.000
gezondheidszorg.nl   ? 16.500
luik.be   ? 3.500
kerstdagen.nl ? 3.250
hotelgids.nl ? 2.250
(not sure what currency that symbol is.) http://www.domainnews.com/aftermarket/2007120100/sedo-dutch-domain-auction-first-results/

Typo patrol

Someone is doing some pretty comprehensive research in the typo realm. http://www.domaindetectives.net/

Geo Leverage

Stu Maloff uses Geo targetted domains to help build his basketball camp business.  e.g. NewYorkBasketball.com http://www.dnjournal.com/archive/lowdown/2007/dailyposts/12-01-07.htm 

Sport.biz goes for $14,000.

http://insidedomaining.blogspot.com/2007/12/sportbiz-trades-for-10000-euro.html  Josh says: In my opinion, the value of certain strong or very strong single keyword domain names in some of the less popular extensions will continue to rise in value in the long run. One of the obvious reasons is that these kinds of words in .com are simply entirely out of reach for the vast majority of domain investors and people planning to build websites. Some will say that one should go for a two word .com with Sport or Sports in it.  Makes sense.  Some will say that the one word major keyword in a less popular extension is more important to their branding approach.  Makes sense. Personally, i’m not a fan of the way .biz looks or the meaning it has.  Sports.biz would have been much stronger than Sport.biz.The new owner of this domain should also get SportBiz.com, if they haven’t already.

***FS***  I much prefer names like these..  sportsworld.com sportsweb.com ..  certain think names plus ‘world’, ‘web’, ‘net’, ‘biz’ have a generic value and resonance simply because they make sense as generics but have a brandable quality about them. Would rather own those as a .com than own a further afield ext.

Microsoft buys Webfives:

Excerpt: “”The move comes just days after Microsoft took part in a panel discussion on the types of companies it would look to acquire. Managing Director Mark Wolfram had indicated that the Entertainment and Devices area might be ripe for an acquisition.”" http://www.news.com/beyond-binary/8301-13860_3-9827802-56.html?tag=nefd.top

QR Codes. (Quick Response)

QR codes were originally developed by Tokyo-based Denso Wave Inc. and are common in Japan. When published in print form - on billboards, transit ads, vehicles or other media - consumers can then take pictures of the images and have them converted to links, phone numbers or other advertising messages. “The basic function is to eliminate typing and allow you to take a code off paper media and any media that’s printable and transfer it to an electronic form,” said Greg Hayden, chief technology officer for Toronto-based Luna, which is in talks with Canadian carriers - which it will not name - in hopes of making the technology available to Canadian businesses. http://www.itworldcanada.com/a/Departmental-and-End-User-Computing/de822e9f-d9c7-49d1-97d2-be7f4d946767.html If i understand this correctly, one could use a symbol or image for one’s domain name, and this could be converted into the actual URL, when a cell phone or PDA user takes a photo of it.  If true, some very interesting possibilities could transpire around this!  This is whatcha call a good idea. :)

Six Apart sells Live Journal to Sup, a Russian media company.

Be careful how you treat your content contributers. http://valleywag.com/tech/livejournal/six-apart-exiles-its-troublesome-child-to-russia-329031.php

WIPO coming to Canada?

*** From October 17, 2007
http://www.domainnews.com/general/2007113022/the-wipo-is-coming-to-canada/#more-1828
http://www.slyck.com/story1601_Canada_to_Strengthen_Intellectual_Property_Throne_Speech

***FS***  .ca registrants take warning.. WIPO proceedings in general favor the complainant. In no other business do you loose the rights to your property for running afoul of a civil reglation..  it’s par for the course in the domain biz…  for now. 

Sahar gets it on with cars.

http://www.conceptualist.com/2007/12/01/weekend-getway-with-south-florida-toys/

***FS***  Nice to see you enjoying life bro..  It’s short ;)

Tia Gives Some Tips/Tools

http://www.tiawood.com/news/internet-news/free-411-and-other-handy-google-experiments-for-doma.html

***FS***  Some neat tools and assorted domaining good-stuff  ..  Thanks Tia!~

Friday Linkfest

Half the planet has cell phone plans. 

3.3 billion of them. How long before half of those people have full browsing on their phones? Pretty quick, i imagine. http://investing.reuters.co.uk/news/articleinvesting.aspx?type=media&storyID=nL29172095

***FS***  edge, bluetooth, .mobi, gsm123..  this all bullshit.  I’m an early adopter of almost all useful things tech and I predict mobile browsing (in the lean forward shopping “sell people stuff” sense) goes absolutely no-where,  “Nooooo!! - Whhheere!!”  unless it’s iphone Safari style full browser style browsing..  AND ‘until’ battery life or power consumption gets WAYYY better.. Incidentally I’ve stopped using a Blackberry and am back to a regular flip-phone.  “A fool and his money are early on mobile” ..  Wait for the standard to establish itself (to provide a certain foundation), wait for the invariable bust from overbuilding..  then pick up the pieces on the cheap after.
 

.ASIA/ IP Issues

1. CNN: “The .Asia rollout shows in many ways how the Wild
West days are dwindling for cyber-squatters — known as
“domainers” — to mine high-value names.”

***FS***  Yawn..  Buy .asisa to flip and make money ..  don’t build your house there.  If .asia is a winner ‘in asia’,  then IDN’s are doomed..  if IDN’s win then ascii asia is doomed.

2. “To brand owners it can be a bit of a nuisance as they
have to keep registering to protect their brand name,” say
Lam of IP Mirror.

http://edition.cnn.com/2007/BUSINESS/11/28/digital.dotasia/

Josh opines on Trademarks (#2 above)

“”Comments like this often fail to communicate the bigger picture.  Imo, Brand owners that own generic word/public domain word trademarks like Apple, Amazon, Sun, Love, etc, should have no monopoly on the many possible uses of those words in public discourse and in non-confusing /non competitive trademarks or service marks or copyrights. I’ll go one step further and question the ethics of granting famous trademark status on any single words in the public domain.  Much has changed over the last 10-15 years with respect to the use of language and words because of the Net.  Many things need to be re-examined now, and in the future, including whether famous trademark status and it’s enormous power on single words in the public domain should continue.

What’s much more of a “nuisance” than certain brand owners thinking they have to register their single word public domain trademarks in every single TLD, is the sheer audacity they have to think that they own and should control that word that originated in the public domain, and be given special rights that supercede the use of that word by the general public or those that want to use that word in non-competing and non confusing trademarks or servicemarks or copyrights.

In other words,.. and in my opinion,.. when a new TLD opens like .asia, trademark holders of single words that are obviously in the public domain should Not be given special privileges to register those domain names before anyone else from the general public.

On a different but related tangent,.. if someone hypothetically registered the domain name Love.com, in 2000, and chose to simply put the word Love on their webpage or not activate the site. And in 2007 someone created a bar of soap and trademarked the word Love for that bar of soap,.. it is absurd and unreasonable that the trademark holder for the word Love, that is related to the bar of soap, should have any power to wrestle away the domain name from the current owner of love.com because they have a trademark related to a bar of soap.  Trademarks should not trump use of words in the public domain, or domain names of those same words that may be idle/not in use.”"

Down Under

Aussie domain investors have a night out with the Fab crew.

http://www.whizzbangsblog.com/content/view/331/1/

***FS***  I wish Australia was closer

Related:

.Au registrations pass the million domain mark. http://www.dnxpert.com/2007/11/30/registrations-of-au-domains-surge-past-the-1-million-mark/
 

Memorial

Elliot deals with a personal tragedy.  A good reminder about what’s important. http://www.elliotsblog.com/index.php/2007/11/29/life-lesson/

***FS*** Heartfelt condolence to you sir.  It’s important to take stock in our lives and be greateful for each day.
 

Team.com sells for $ USD 300,000.

http://insidedomaining.blogspot.com/2007/11/teamcom-scores-6-figure-domain-sale.html

***FS***  Das alotta money mang..  But not for that name.  I think it’s probably fair value..  I could actually picture myself purchasing that name and I’m pretty cheap.  There are not many 4 letter.com names that are meaningful..  I purchased Note.com for $115,000 in New York recently..  That name seemed high at the time,  now I feel like I’m in-the-money.  That’s the domain biz in a nutshell..  Overpay for anything good and eventually it looks cheap.
 

Facebook begins to bow to the pressure

But still doesn’t allow a complete opt out of their ad system. http://valleywag.com/tech/online-advertising/facebook-caves-to-beacon-critics-328280.php and here: http://www.news.com/8301-13577_3-9826664-36.html

***FS***  I don’t use Facebook.  Millions do..  I think it’s a sideshow that will soon blow away or blow over. Nobody goes on about Myspace like they used to either..  These co’s get valued like fireworks in full explosion. Investors willing to pay anything for that one glorious moment,  which passes shortly.
 

Some bad names chosen for these companies.

e.g. :  qliktech.com  http://croydonian.blogspot.com/2007/11/shortage-of-sensible-domain-names-is.html

***FS*** Don’t buy names like these…  Need not say more
 

100 Great Domain Blog Posts

http://www.virtualhosting.com/blog/2007/domainer-required-reading-100-great-blog-posts/

***FS*** 1 or 2 from me..  I must be slipping ;) ..  Which is a good thing..  It’s great to see a space becoming so vibrant and viral with domain chatter..  This is a great industry.  It’s wonderful to see more folks discussing it openly and learning tricks and tips from each other.

Thursday Linkfest

New Logo Suggested

Domainer’s Gazette kindly offers so possible alternative logos for me :) http://www.domainersgazette.com/an-alternative-logo-font-for-frank-schillings-blog/ .

***FS***  I’m sincerely flattered ..  kind of like my folksy craigs-list style font.  But change is good.

Typo Partnerships 

Whizzbang hypothetically plays with fire around TM infringing domain names. http://www.whizzbangsblog.com/content/view/329/1/

***FS*** Many trademark holders are terrible domain managers, suing or UDRPing for a name only to loose it to benign neglect or to poorly execute (using the traffic poorly) after winning the name from other registrants.  Maybe domainers will go to work for mark holders,  but doubtful the markholders will trust unrelated registrants to look after their names through some kind of syndicated honor system..  although I had Michael’s same thought a few years back.

Domains Worth More than Traffic Flow 

Elliot cautions against using revenue multiples when buying a name. http://www.elliotsblog.com/index.php/2007/11/28/why-you-shouldnt-use-revenue-multiples/

***FS***  I agree with Elliot..  certain B-Factor can skew name values, well above traffic value.  Mortgages.org gets 1 unique a day..  what’s that worth in traffic :)

Marchex

Russell Horowitz and Bill Day from Marchex to present keynote address at The Kelsey Group’s Interactive Local Media 2007 (ILM: 07) Conference at the Hyatt Regency Century Plaza in Los Angeles, CA. http://www.marchex.com/press/20071126.html Josh says:  I never get tired of local.
And when i do get tired of it, and need a nap,.. i nap locally.

***FS***  I like Marchex’ portfolio of names..  have seen the before after effect of their growth..  these folks are “doing stuff” .. and Russ is super clever..  still not crazy about the zip codes..  well selfishly I am because I own zip code com/nets ..  but beyond that am not sure..  Looking forward to seeing the fully executed play though.

Domain Auctions

Incidentally, nap.com goes up for sale today as part of a group of name for sale at Great Domains. Starts at 2pm EST. There’s some other good names in the group as well. http://www.greatdomains.com/search/searchresult.php4?auctionevent=Greatdomains

***FS***I like asia.net, fattuesday.com, hangover.com, warlock.com, onlinecasino.net “and” nap.com

Domain News claims Google ranks ccTLD domains higher

when the searcher is in that country. http://www.domainnews.com/general/2007112906/benefits-of-an-international-top-level-domain/#more-1808

***FS***  That’s a simple logical algorithmic parlor trick..  I’d be shaking my head incredulous if Google “wasn’t” doing that.

100 year .com domain registrations.  

From August 2007.  http://www.smartinfo.com.hk/en/newsinformation.php?id=57  Josh asks:  “”Unless something’s changed with ICANN, i don’t think this is a true 100 year registration at the registry.  I could be wrong. ?”"

***FS*** Correct!  Verisign Global Registry Services (keeper of .com/net) will only allow a registrar to renew 10 years out.  The other 90 years is a contractual promise from your registrar to you and is only as good as that registrar and it’s long term solvency.  Stay away from deals beyond 10 years.

Internet War

About 120 countries are developing ways to use the Internet as a weapon to target financial markets, government computer systems, and utilities, Internet security company McAfee said in an annual report. The report said China is at the forefront of the cyber war. It said China has been blamed for attacks in the United States, India, and Germany. China has repeatedly denied such claims. http://www.news.com/World-faces-cyber-cold-war-threat%2C-report-says/2100-7349_3-6220619.html?tag=nefd.top 

***FS***War is fought over resources..  which get paid for with money..  so ultimately war is (almost) always about money (when not about money it’s about religion/beliefs).. That obvious statement out of the way, I think the Internet is already changing our World as good/bad new travels to all people..  no matter where they are and allows them to make decisions more rapidly..  In the final analysis it is harder to suppress the truth “with” free information and the Internet enables that flow of free information.

Canadian student maps brain

Plans to use the way the brain works to power a search engine for images. http://www.computerworld.com.au/index.php/id;1891450207;fp;16;fpid;1.

***FS***  Now this is a crazy good idea..  Wonder what images I would generate if I ate ice-cream wayyyyy too fast :)  Wonder if I could broadcast those images across thousands of domain names..  Better yet,  What if I didn’t eat ice cream too fast,  and just started thinking about images for each of my names..  I could pre-populate images across all my names in a few weeks using the power of thought alone!  Hope this kid hurries up..  I’m not getting any younger.

Big Multifaceted Action on Bad Actors

  In the Washington Post no less:

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/28/AR2007112801679.html?hpid=moreheadlines

As reported a few weeks ago this is a very thorough action targeting certain practices and practitioners.

Quote: “”The complaint names three registrars as defendants — BelgiumDomains, CapitolDomains, and DomainDoorman — as well as what Dell claims are nearly a dozen Caribbean shell companies that allegedly served as the entities registering the domains. “”

The rumor is that several of these registrars would buy obvious trademark domains that get traffic..  Keep them active and resolving to paid-search parking pages powered by Google .. and then dump them on day 5, only to repurchase them at another one of their registrars for another five days..  Like a piston engine, churning through obvious “problem names” never paying for them and pawning of the brand intent traffic.

More: “”According to one example cited in Dell’s lawsuit, on May 25, 2007, DomainDoorman registered “dellfinacncialservices.com.” On May 30, the registrar deleted the domain from its stable of Web site names. Minutes later, that same Web site name was snatched up by BelgiumDomains, which then dropped the name on June 4. That same day, dellfinacncialservices.com was grabbed by CapitolDomains, which in turn relinquished it on June 9, the same day that site was re-registered again by DomainDoorman.  The complaint further charges that the registrars created and controlled a series of shell corporations in the Bahamas to act as the entities registering the domains, including Caribbean Online International, Domain Drop S.A., Domibot, Highlands International Investment, Keyword Marketing Inc., Maison Tropicale, Marketing Total S.A, Click Cons Ltd., Wan-Fu China Ltd. and Web Advertising Corp.”"

“Thank God” they chose the Bahamas and not the Caymans..  I’ve got enough confusion problems in my neighborhood.  The bummer reading this list of co’s like “Highlands International Investment” is that all these co’s actually hold good generic domain names as well.  In fact Highlands related co’s were held out as the 2nd largest holder of domain names back in 2001..  These guys own a lot of really good stuff. 

  I’m surprised a suit this thorough didn’t name Google as a co-defendant..  Then again,  maybe it’s not that surprising because Google offers a well liked product, has a lot more money; and a search partnership with Dell that allows Dell to share in the profit when its users engage in “right of the dot” typosquatting on Dell keyboards.  It’s funny because one day Dell could find itself on the defendant’s side of the courtroom defending unfair competition charges relating to shared typosquatting profits on keyboard fat-finger search partnerships.

The single biggest thing that struck me reading this story and lawsuit, is how the domain holder is such a patsy in this.. like a mule in the drug trade. 

I remember hearing about conversations at the Puerto Rico ICANN meetings relating to domain tasting.  Attorney’s for corporate clients like Dell were pleading with ICANN to “do something” about domain tasting. Rather than engage in a constructive dialog about the tasting problem and creating a timetable to stop it, ICANN basically stonewalled these lawyers.. “We’ll do a PDP to study the problems” .. (code for we’ll ignore the problem for two years) … What a pity.  Let’s hope these registrar’s above don’t fail due to this lawsuit, leaving millions of retail registrants in a Registerfly-style lerch because of ICANN’s shortsighted ambivalence.

  Why would ICANN ignore an obvious problem?  Everybody profits on this:  Versisign makes millions on this defendant’s portfolio of typosquatting names (on his  kept registrations) and assured renewals on good names from the “churning”..  they don’t want ICANN to change the rules.  ICANN gets considerable fees on each of the millions of kept registrations too, so it turns a blind-eye, promising to “study the tasting problem” (basically ignoring it), Google makes millions and millions more fencing the so called “stolen traffic”..  especially frustrating because the plaintiff is permitted to steal that same type of traffic with impunity in keyboard redirect applications which send same traffic to the same “fence”; Google.

And the cybersquatter, makes money too.. but he or she takes all the risk!  What a deal!  :)

If any good comes from this action it will be that the chain above gets people to re-examine and discuss.. to rethink the tasting issue and wholesale inequity of typo error-search takeovers ..  ICANN’s hands are not clean in this,  neither are Verisigns. Google’s hands simply can’t be considered clean and I view the Plaintiff as a thief punishing another thief…  Should the alleged ne’er-do-well registrant take the fall alone?  Let’s see what the courts say and what the river brings.

Wednesday Linkfest

Guy.com

Sells for 1 million. 3 letter .com’s with good/great useable meaning are rare. Another compelling week for reported sales. .Net and .Org are the steady climbers. From:  DN journal weekly domain sale reports.http://dnjournal.com/domainsales.htm 

***FS***  I remember men.com selling for 1mm couple of years back.. Men.com is 100X better than Guy.com ..  There’s the domain biz in a nutshell.

Classmates.com filing for IPO.

http://www.domainnews.com/general/2007112804/classmatescom-filing-for-ipo/ 

***FS***  50 million signups and 3 million paid users like the name or don’t care what it’s called. Many folks aren’t crazy about it (the name).

Revenue domains. 

What should you pay?  : Whizzbang.  http://www.whizzbangsblog.com/content/view/328/1/  Gilmour keeps ‘em coming. Here he gives rough
estimates as to what he thinks revenue domains are worth, purely based on the rev, and not the potential brand value of the name.  He wades into potentially TM infringing names territory and different types of non infringing generics.

***FS***  I remember Rick Schwartz offering $8 per unique per month back in the early days ..  or maybe it was per week..  Anyway,  what a long way we’ve come.  Expect other investors to start paying closer attention to this stuff after the Name Media IPO.

Dell vs. Florida Registrars.

http://blog.domaintools.com/2007/11/dell-vs-florida-registrars/  Josh says: Domain tasting or testing is not inherently a bad thing.  It depends on how it’s used.  Example: If you are setting up a blog or a start up company and are trying to figure out what name to use, you might brainstorm 50-100 different names, or more.  Considering how blisteringly fast names are being registered, I don’t see anything inherently wrong with registering those names ASAP, and then deleting those you don’t want during the 5 day taste/test period.  Having a small charge for doing so seems reasonable to me.  There’s a difference between the bathwater and the baby.

***FS*** I’m inclined to agree …  this is a different issue though..  second hand chatter alleges kiting obvious marks between registrars, large scale tasting and keeping deliberate TM’s without screening.. etc.  Haven’t read the whole complaint,  but this is a big action.  Here’s to hoping for a peaceful and amicable settlement that makes the space better.

Elliot offers up to $50,000 for a US city .com domain;

population should be 50,000 or higher.   (”city”.com,  nothing else.)

http://www.elliotsblog.com/index.php/2007/11/27/wanted-us-city-com-domain-name/

***FS*** It wasn’t that long ago that one could have probably got a name like this for much less.  Is this a bubble price, or reflective of the importance of the Geo space?  Josh says the latter.  (It’s worth noting that he’s a big fan of geo and thinks geo is very compelling.) I’m a big Geo fan too..  but some of this is just related to inflation..  We live in a world awash in US Dollars. Some of that “money supply”/liquidity phenomenon is making itself felt in in the domain business,  although it’s a lot less than in other sectors.

WeAreSanDiego.com sold to San Diego Union-Tribune.

Seller is Stephen Webb. http://www.domainnews.com/general/2007112723/san-diego-union-tribune-purchases-wearesandiegocom/ Some folks mocked Stephen Webb when he recently launched IamDomainNames.com.  He’s now leasing IamSeattle.com to the Seattle Space Needle folks. He just may have struck a likeable little vein here. Congrats to Stephen!  As an aside..  I see the day when the flurry of derals like this (domainers selling names to traditional media) is so thick and wide that it no longer can be reported in detail like this.
 

Brookstone.com offers realtime 3d store walkthrus.

(Uses Kinset.) http://kinset.com/brookstone.php  Many web spaces/sites in the future may be realtime 3D.  The smart ones will continue to offer 2D as well as 3D.  The viewer will decide what they are in the mood for.  Currently, most realtime 3d on the web still has that cartoonish look. In 2-5 years, full blown photo realistic/cinema realistic 3D will be here on off the shelf desktops and laptops. 

Josh says: ”"I’ve been waiting for this for over 20 years.  I’m old.”"    ***FS*** You and me both bub.

Valleywag: Scripps to sell Shopzilla.

They paid 525 million.  They want 525 million. http://valleywag.com/tech/shopzilla/scripps-to-sell-its-search-engine-327209.php 

***FS*** I go to So Cal with my family at Christmas and Scrips has educational institutions and charitable stuff going on all-over San Diego.  It’s a good thing Scripps has a lot of money ..  they bought a bag of smoke when they bought Shopzilla and they are now trying to find another party to hold that bag.  You should have bought domain names folks because:

A) You would have an asset with burn-down value

B) You would have made money on that asset

C)  That asset would pay you dividends without the moving parts of thousands of staff  ..  and.. *drum-roll* 

D)  You probably wouldn’t be Selling that kind of asset.  I should really charge for this info…  sheesh.

RentYourSoul.com

Start up company guy wants to rent your soul for a week.  Swears he’s not the devil.  Will give you 10 bucks and donate 10 bucks to a charity of your choice, selected from his list. http://www.news.com/8301-10784_3-9824150-7.html?tag=nefd.only 

***FS***  Anything that gets people giving is a good thing.  I read this story and donated $1000 online to World Vision.  You should give too..  Because if you read this far down my linkfest, you’re probably a serious domainer and are making a pretty good living..  You’re blessed..  Count yourself lucky and pay something forward today. :)

Recreational Cybersquatting and Error Traffic Double-standards

http://www.informationweek.com/news/showArticle.jhtml?articleID=203100004

  Microsoft (NSDQ: MSFT) has filed a trademark infringement suit against a California dentist who has registered more than 40 Internet domains with names similar to the software maker’s products or brands. The domains registered by Dr. Saed Said are “identical or confusingly similar” to Microsoft’s trademarks, the company claims in court papers filed in U.S. District Court in Northern California. The domain names registered by Said include aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info, and XboxMarket.mobi.

***FS*** I predict a price increase at this dentist office and(or) extended hours soon.  In my view these are just terrible domain names,  they would get no natural traffic..  They aren’t typos and many folks like this dentist gent truly don’t understand the line of acceptibility relating to trademark style domain names.  I’ve met Microsoft’s IP counsel and he struck me as a pretty fair, decent guy..  so if they’re going after this dentist,  there must be more to the story, resistance to reason, a patern of intentional abuse or something more to have Microsoft go to court over it..

Longtime readers of this blog will know my view that Microsoft’s policy of taking over trademark intent search strings and unresolving domains in it’s browser do not help our space, because it highlights an incredibly hypocritical double-standard relating to what is correct and acceptable behavior.  Forbidding cybersquatters from registering domain names like aMicrosoftShop.com while permiting Microsoft to take over aGoogleshop.xom, .dom or .cpm in its browser is just not reasoned or balanced..  It’s bad form and glares of unfairness..  I am not condoning cybersquatting, but would be a much bigger Microsoft supporter if they stopped stealing obvious domain extension mistypes in their browser’s address-bar while attacking those who they view as stealing from it. A little fairness balance and equity goes a long way to building good-will.  Esp. since this inequity is so bold faced, glaring obvious.. (insert your adjective here) to any fair minded person.

Elliot’s Blog on Domain IP

Elliot interviews Brett Lewis, domain attorney.

Brett: “One does not choose to be a domain name lawyer.  It chooses you….What is it about the field that interests me? Every case is like a puzzle. A lot of detective work goes into building or defending a case, and it is fun to find those pieces and put them together. It is also very satisfying to represent people who have been unjustly burdened by a demand letter or a UDRP Complaint.”

http://www.elliotsblog.com/index.php/2007/11/26/5-with-brett-lewis-partner-lewis-hand/

Must read.

2 IP Related Tidbits From Danno

 DannoThis sh** is not going un-noticed,..

“Senators Push for ‘Serious Scrutiny’ of GoogleClick Deal by FTC”
http://www.marketingvox.com/archives/2007/11/20/senators-push-for-serious-scrutiny-of-googleclick-deal-by-ftc/?camp=newsletter&src=mv&type=textlink

and…

Not your everyday UDRP Case. (winner for the good guys)

http://www.dnforum.com/f26/sold-dropped-then-udrp-buyer-2-thread-251832.html#post1305753

***FS***  This is good stuff…  I guess the more the light shines on the importance of online media and paid-search,  the more sensible minds come around to thinking about balance and equity relating to consumer and registrant rights.

Nat Cohen beats ‘Public Enemy’, wins WIPO, and keeps Geometric.com

  http://www.elliotsblog.com/index.php/2007/11/21/geometriccom-wipo-victory-with-dissent/

Geometric is a word that is in the public domain. Public Domain. Any one with a trademark or registered trademark on the word, (e.g. Geometric) should not be able to exclude other people from using the generic word in ways unrelated to their mark.  Every person on Earth has a right to use the word Geometric as it relates to the natural meaning of the word. A registered trademark on a generic word or descriptive phrase should not usurp the rights of a third party, the public, to use the word, or for other companies to use the word in non competing or non confusing ways. We all get to share it.

Public Domain.  It’s the cornerstone of the ability for humans to communicate with words and symbols.  If we lose that, we are screwed.

Over-reaching trademark holders are the modern public enemy.

Calvin Ayre, the Domainer’s Best Friend

http://www.calvinayrelife.com:80/a-case-of-first-impression-could-see-the-last-of-domain-seizures.html

   Summary: Calvin brings his wallet to bear, challenging over-reaching ne’er-do-wells who would covet his names.  He plans to argue that “domain’s are not property” and that domains which contain his trademarks are not subject to seizure as assets..  He’s rolling with precedent so should be a piece of cake.

Quote: “”If the defendants’ lawyers are successful with this important motion, that could make legal history by creating a new law for the benefit of all Internet domain name and trademark owners out there in cyberspace. Take it one step further… We are a media company and this is an important domain rights case not only for our industry, but for all commerce on the Internet so there will be ongoing coverage of this case on my blog.”"

***FS***  I now have a reason to read Cal’s blog. This case’s outcome has far reaching consequences for thse who steal traffic to the right of the dot in error search..  If he can get a court to define what rights a generic nameholder has, then it would be helpful when protecting those rights against covetous entities and error search takers in .cm or .dom or .xom via claims for interference with license, unfair competition etc.. I wish Cal luck with this one.

Rube Goldberg Reinvents the Domain Name

http://blog.snipperoo.com/2007/11/death-of-the-do.html

  SummaryA guy who could have bought billions of dollars worth of domain real estate by applying his foresight (but didn’t) now declares “domain names dead” and hypothesizes that we will abandon domain names in favor of Rube Goldberg inspired Universal Search Locators (USLs) which will take over as the foundational elements of the web.. 

While I could actually see some variant of this trying to marginalize domains in the next 50 years,  in the end I think the obstacles are so many and the challenges so daunting that nothing could actually “do away” with the usefulness of domain names.  Consider:

—You would need to have Google agree on a global standard with Microsoft, Yahoo, Sina, Baidu and all other competing search services so that the experience of USL’s is uniform. You wouldn’t want to type Snipperoo at Baidu and get to Widgettown instead.

 —Even if you got everybody to agree on a standard you wouldn’t have mail because email runs on domain names.  This chap would surely argue that we could all abandon our email in favor of search engine messengers.. but those would have to run on a globally universal standard too.

— After clearing the initial hurdles above, you’d just have to convince every existing site owner to adopt your new platform and abandon their trillions on global collective branding in domains (think of every business card, bus bench, billboard, TV commercial, directory you’d have to change)

— You’d have to persuade governments of the world to cast away their national heritage embodied in (CCtlds)

— You’d have to convince Verisign to roll over and play dead.. or just buy them.. ditto with PIR (.org) and Affilias..

— Microsoft, Mozilla, Opera, and Safari would have to give up their browsers because we wouldn’t need them.

It’s funny to read posts like this because search engines actually search for domain names.. It’s a symbiotic relationship. Without a name there is nothing to search for  :)

In fact it would be easier to just buy all the available domain names from large name holders around the world..  a few billion would roll up 60% of the most visited sites on the net.

Quote: “”The idea here is that as your content is broken up and thown out into the four corners of the web, that is where you come to reside. You no longer have a central address, you only exist where you end up. If you are good, you end up in some very powerful places. If you are bad - well, we all know what happens on the web if you are bad.”"

Those “Places” will need to have a unique location of course..  There is no such thing as a “place” without a unique location..  and on the Internet you need a Domain name to have a unique location – unless you want to start typing-in IP numbers that is.

This guy needs to lay of the over the counter cold medication.  Sahar calls bullshit too..  Next.

Legal Action Foreshock

Industry scuttlebutt has it that a fairly large multifaceted legal action is coming down the chute involving, potentially, scores of litigants and defendants, multiple domain registrars and registrants.  As I understand the matter, it will seek to make a federal case out of folks who have tasted names using an active parking page to monetize Trademark typo domains which were held and monetized during the short term 5 day grace period before being deleted..  or deleted and re-registered…  This has been brewing for some time but I’ve chosen to blog about it now because the word is out in the community - several outsiders are now chatting about what will surely be a messy situation. 

If you don’t deliberately/accidentally taste and monetize large swaths of trademark typo domains you should be fine..  But if you’re a retail registrant who has names at an ICANN accredited registrar where large-scale tasting has occurred, you may have issues with that registrar..  This could potentially turn into a mess for ICANN if a Registerfly situation occurs where innocent retail registrants are caught up within a registrar which starts to implode as a result of legal action stemming from this mess. It would be unfortunate if a registrar is somehow taken down (hardware seized etc) and can’t function for a some period of time, or can’t serve it’s retail registrants.

The stage has been setting for a larger battle relating to domain-tasting and may have been avoided if tasters had not activated and monetized during the 5 day grace period or if they had pre-screened large swaths of overt typos.. keeping only generic typos or longertail generics.

  Of course, none of this speaks to the inequity of error search traffic which acts in precisely the same manner as the typo domain names targeted in this action..  Unfortunately for all legitimate registrants, it is much easier for litigants today to pursue an action related to domain names than it is to pursue an action related to ill-gotten error traffic taken via ISP or Browser.   That will be a story for another day. If anything,  this serves as a harbinger of things to come. The lines of “right” and “wrong” related to monetizing error traffic and trademark-intent traffic are being defined for us..  The writing is on the wall.

Brand Protection and Domain Names

Equity   Erik J. Heels writes about Brand Protection and domain names. 11 point strategy.

http://www.abanet.org/lpm/magazine/articles/v33/is5/an16.shtml

The Relationship Between Trademark Holders, Cybersquatters and Verizon/MSN Style Error-Search

  … This graphical illustration neatly sums up the hierarchy  … What flavor do you want your trademark violations, Calico or Tabby? Trademark intent Internet-traffic comes to domain names even if those domain names do not exist..  Think about what happens in your browser’s address-bar as you and millions like you type invalid domain names and search strings.  Think about where the traffic flows…  It always goes somewhere whether the name is ‘active’ or not.

Verizon Error Search Domino Effect: Turning the “Free Internet” Into Compuserve / Prodigy

Jbb Dr. John Berryhill takes us on a brief turn down memory lane and posits on the potential ‘tit for tat’ relating to the hijacking of user intent:

 “”Recall that when Sitefinder was operating, there was a BIND patch (put out by Vixie?) that would detect Verisign’s synthesized DNS results and “re-fix” them as NXDOMAIN.

So, you now have the stage set for a genuine tug-of-war over DNS results.

Move 1:  Verisign turns Sitefinder back on thus “trumping” Verizon.

Move 2:  Verizon counters by looking at DNS results coming back with Sitefinder IP addresses, and “takes back” those addresses, re-pointing to
Verizon Superpages.

Moves 3 and 4 can go in a couple of directions.  You also have to take into account the browser people, and their take/reaction to all of this.

For example,

Move 3:  MS patches IE to detect either Verizon or Verisign shenanigans, and points the browser to MSN Live Search.  Mozilla does the same thing, and points Firefox to Google.

Move 4:  Everyone decides that as long as DNS result tinkering is “fair game”, they all configure their systems to screw over domain registrants doing PPC the old-fashioned way.

Move 5:  “The Internet” becomes Compuserve circa 1996.

The somewhat amusing collateral upshot is that Verizon and Verisign - as Internet advertising service providers - finally get to square off on whose trademark is confusingly similar to whose (if anyone is keeping score on my “bold predictions”).”"

***FS*** This Verizon thing is just bad.  A common-carrier - a modern utility really.. placed in a position of great power, with great responsibility, taking over user intent and hijacking the browsing experience on a wholesale level for financial ends.  This type of unfair competition sets a poor example for others in similar positions of authority to follow.

Ebay Over-reaching, Wirefraud?

Richard writes:

   “”A little over-reaching here, No?  

Based on this precedent, seems to me that ICANN Registrar, NameBay.com might need to change their name…..

Court Rules for eBay in Case Against Perfumebay.com EBay blocked retailer Perfumebay.com from using a Web site address ending with “ebay” when an appeals court ruled it was trademark infringement. Perfumebay, a seller of designer perfumes over the Internet, can’t use the domain name Perfumebay.com because the presence of “ebay” in the address confuses consumers, the federal appeals court ruled in Pasadena.

Read more: http://www.siliconvalley.com/news/ci_7382918?nclick_check=1“”

***FS***As a domain name registrant..  I’ve always disliked EBay spamming me with automated cease and desist letters for any possible permutation of domains containing eBay regardless of the meaning of the name…  names like citybythebay.net, chesapeakebayfishing.com..  It’s like they didn’t even look at the list..  And if they’re doing it to me,  they’re surely doing it to others.  I might have paid $10,000 to acquire chesapeakebayfishing.com for all they know..  So if they defrauded me out of my name by making bogus allegations in an electronic mail message, does that not constitute interstate wire-fraud?  Would love any IP counsel to chime in.

Velcro Upheld as Distinctive Mark

Danno Danno writes:

“”Velcro defies generic claim in domain name battle http://www.out-law.com/page-8608

Dan”"

***FS*** I think this was the right ruling..  Velcro has surely taken on secondary meaning in popular culture but the manufacturer has consistently sold it’s product and by no means abandoned their mark..  They have created something of value and deserve to be able to protect it.  That said, this is a great example of many battles surely to come as descriptive names become more coveted… and scarce.

Verizon Damming Error Traffic Upstream

Mel and Rob write:

Verizon is now in the typo redirect game.

http://www.consumeraffairs.com/news04/2007/11/verizon_search.html

  Quote: “”Although Verizon opposes net neutrality, it has also said repeatedly that it would not block content or favor its own offerings over rivals–although it now appears to be doing just that”"

***FS***  What’s funny is that Verizon has been at the forefront of litigating against domain registrants who take over typo domain names like VeriznPhones.com..  Most error-traffic is comprised of typo-variants of existing websites, so one could argue that Verizon has now become a typosquatter themselves, taking over inactive searches (non resolving urls) and selling advertising on the backs of these wayward visitors as it “helps” them navigate elsewhere.  I can picture this whole thing coming to a head in the courts as companies like Marchex.com or IAC.com who own thousands or even tens of thousands of small sites have their rights violated daily by backbone providers diverting visitors intended for their sites to other ad sites. Big class-action clouds looming. This kind of unfair competition rarely stands for long.  Too many stakeholders affected in too many ways. It certainly makes one question Verizon’s rights and obligations as a common-carrier . I am picturing lots of sprintphonebok.com misspellings going to Verizon parking pages and how that might make Sprint feel :)

At the very least Verizon should have to make a tobacco-ad style disclosures to their customers (next to paid search results) that their Internet browsing experience has been diverted to advertising created by Verizon and that their customers accept this pseudo Internet experience as a term of service.

Opt-out here: http://netservices.verizon.net/portal/link/help/item?case=dns_assist&partner=verizon&product=fios

Common Law Rights and Trademarks in Domain Names

http://ask.slashdot.org/article.pl?sid=07/11/04/0239245

A slashdotter creates a blog at thesimpledog.com and gets challenged for the name by the owner of simpledog.com ..  He asks, “Can my Google adsense advertising “which I don’t control”,  but which is serving ads related to simpledog.com cause me to loose my registration rights in my similar name.”  What about “my rights”?

     This is an area of the law that isn’t fully tested or developed yet..  If your car goes speeding down the road,  the police officer writes you a ticket he doesn’t get to keep your car.. If I place a billboard in my front yard, the city may fine me because of an ordinance which prohibits that, but they don’t get to take my house.. Why should the simple act of serving an advertisement (that you don’t control) cause you to loose the generic common law rights in our name?

I think there will be some legal tests on this before all is said and done.

In the mean time, if you get a cease and desist letter via post or email, consult with an attorney.  It costs covetous entities little or nothing to send a baseless and threatening letter via mail or over the Internet.  They are hoping you’ll roll over..  

While it’s clearly un-couth to deliberately target trademark intent strings which you have no rights to, you should hold you head high and stand confidently that anyone can register a generic domain name and use it within the law. You have rights too.

Tradema