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.

Trademark Management Specialists and Registrars

http://www.domaininformer.com/news/press/071031MarkMonitor.html

IP: Mark Monitor Technology Designed for Greater Control, Transparency and Management. With domain name abuse costing companies worldwide more than $1 billion in diverted customer sales and enforcement expenses annually, MarkMonitor®, the global leader in enterprise brand protection, today announced Domain Management.

***FS***  This is a terrific niche and a huge field of growth IMO. Markmonitor’s Keith Lim is a sharp operator and on my rumcake list this Christmas. It’s a sad reality that many IP owners just aren’t good at managing their domain names,  Markmonitor does a good job helping them out - certain law firms are getting better at filling this role as well..  I predict that Markmonitor will merge or get bought by a larger IP law firm one day …or perhaps acquire a larger firm themselves. If you own a registrar and are getting beat up competing at the bottom end,  look upmarket like these folks.  There are tens of thousands of companies worldwide who don’t understand names and need your help.  You understand names.  Lucky you.

Domain Name Related Trademark Over-reaching by Covetous Would-be Registrants

Mel writes:

“”Hey Frank,

Sam Adams (beer) sent a C & D letter to Sam Adams (real person) that is running for mayor for using two domains that “include their trademark”. They asked him to surrender the websites.

A company spokeswoman said “she didn’t know there was a real Sam Adams running for mayor when she sent the letter.”

The C&D can be seen here http://www.1190kex.com/pages/pages/md_sam_adams.php

AP story http://ap.google.com/article/ALeqM5jka4cLUDQ-DU29oFwZTCanMFyJ0A

I thought trademark was to “avoid confusion”. Unless the beer is running for mayor, I don’t see how there can be confusion.

- Mel”"

***FS***  Most of us try hard to avoid registering domain names that have TM intent or exclusive value to a sole distinctive entity. Problem is..  there is a finite supply of generic meaningful addresses in the coveted .com suffix..  You can’t have 50 domain blogs such as this one, 3 glossy magazines and national press coverage extolling the virtues of domain ownership without some people in the corporate-world saying..  “you know what,  these generic domain jokers may have something here ..  we better get our hands on that domain name we want!”  ..  Not all these folks sending Cease and Desist letters for “generic names” are mischievous or malicious…  some are just ‘daft’ or ‘arrogant’..  they wrongly assume that the names they covet are worthless to anyone but them or that they are somehow “entitled” to domain names, which they are not.

The best policy is to be firm but polite.. Explain that domain names such as the one they would like to unseat you from have a great deal of desirability to many different people, and for different reasons.  You may have paid thousands, tens of thousands or hundreds of thousands to acquire the single name which they covet.

There can always be mitigating circumstances which cloud ownership rights and this is by no means “legal advice”, but in half a decade I have never received a Cease and Desist letter which reads “We may be entitled to this domain name,  we’re not entirely sure but we’d like to chat with you about it..”  Unfortunately most attorney’s aren’t paid to be sensitive, caring or considerate of your feelings.. Often they will send the same form letter to a blatant ‘cybersquatter’ that they will to the owner of a domain name which their client “would like to own”, but has no more “right” to than you do.

If you own a domain name which you genuinely believe to be generic and your “common sense meter” goes off like a seismograph in San Francisco when you get a Cease and Desist letter..  then I’d suggest you seek some counsel from an attorney on your way to settling the matter.

Names That Mean a Lot of Different Things, For Different Reasons, to Different People

7mileDan writes: "Seven Mile bridge in the FL keys.. Thanks again for chatting last Monday.  Have a wonderful weekend..

Dan"

***FS*** Thanks to you Dan… this timely pic again illustrates what many of us in the domain industry intimately understand .. Generic domain names and name-phrases often have a great deal of meaning and desirability to different people..  and for many different reasons.

Skidmark could be something you lay down from behind the wheel of your CL 65, it could be something unfortunate in your Calvins, or it could be the name of that hot new alternative band.

Delta could be an airline, a reciprocating saw, or a frat-house..

United could be an airline, a moving company or any number of insurers.

Doll House could be something children have played with for 300 years..  or a registered trademark related to beer cozies in certain countries or jurisdictions.

The most contentious disputes relating to domain names usually surround these coveted generic words and phrases which have some combination of potency, meaning, B-Factor, and Je Nai se Quoi.

Railroad_baronsThe existing owners of such .com words and phrases, sometimes find themselves living modern-day scenes from a wild-west movie — similar to the turning point where ranch owners are run roughshod over by railroad barons who’s tracks came a few years later than those homesteaders.

The two-fold difference between ‘then’ and ‘now’ is the knowledge of those former inequities..  "We’ve seen this picture before"..   and .. today’s ranchers have more free cash-flow than their bean-farming predecessors. Today’s domain registrants are armed with lawyers, guns and money of their own; and while not walking around with a chip on their shoulder, they are willing and able to challenge covetous latecomers effectively via the UDRP and the courts.

Most of these accidental virtual-barons have vision exceeding their railroading counterparts.

This past weeks example of Cowboys.com drove that home for me..  After the attorney for the Dallas Cowboys came down with a case of "buyers remorse" relating to his $225,000 bid for that generic and valuable URL, his unpaid bid was bested by $100,000 (implying several groups of bidders) after word of the default spread to the street (NB: I had no hand in this).

Running_away_from_your_bid..Less known is the fact that at the previous Las Vegas TRAFFIC auction a bidder dropped his paddle and physically ran from the room after facing the winning bid for a name he couldn’t afford.  Another domainer chased that dead-beat out of the building in order to "buy" his winning bid at a premium!! — because "that" gent couldn’t get his own much higher bid in in-time. 

It’s this flash mob of hot-money and domain visionaries with wallets to match their cajones that showed me where the future of Internet media may lie. The domainer who can afford to beat all would-be comers. I’m impressed by those top tier investor registrants who aren’t in this business to pump and dump their own portfolios like many new registries..  They’re here to acquire your portfolio and consolidate the industry on the way to becoming the next great media franchise.

I believe the great media companies of tomorrow will have significant path-changing entanglements with some of today’s domainers..  Imagine 10 years of Google traffic payments and what you could do with that collective capital, coupled with interest and leverage from ongoing cashflow/operations.  Imagine 30-60 million curious walk-by visits a month from generic names that you aren’t ashamed to mention publicly.

He who has the gold makes the rules.. has always seemed like a crass statement of sorts to me..  but there may be some truth in that statement as it relates to domain ownership.. If you own a generic URL, you own the gold .. or the Internet equivalent. How’s that you ask?

People aren’t naturally pre-disposed to beat a path to cynthiasdollhouseemporium.com ..  they’re "inclined" to visit dollhouse.com; and they aren’t visiting myskidmark.com, they’re visiting skidmark.com; and they aren’t visiting hot-las-vegas-travel.com ..they’re visiting travellasvegas.com.  It doesn’t matter how many domain names get created, because only a certain percentage will ever get "organic" type-in traffic for the keyword weight, resonance or "gravity" of the generic name itself. Disposable looky-loo drive-by visitors that you can monetize without consequence or degradation to the visitor stream.  And if you own those names..  then you own that portion of the Internet..  well, the generic disposable traffic on the Internet anyway — which is the Internet that’s worth talking about.  Because if you own "that traffic" and you make a mistake with your hot software mousetrap or execution, you get a redo with even more free traffic.. It’s an opportunity without a shelf-life, and a parting gift in the form of break-up value to the name itself.

Free-form food for thought. Take the next week off if you already knew this stuff.

Trademark Law- What Search Marketers Should Know

Equity http://searchenginewatch.com/showPage.html?page=3627333

This is a topic that all domain registrants and paid-search marketers should familiarise themselves with.

Most of Amazon’s One Click Patent Rejected…

Amazon_2 Most of amazon’s one click patent rejected, because of evidence that another patent predates it. Amazon has the right to file a response.

http://www.news.com/8301-10784_3-9799269-7.html?tag=nefd.only

French Firm Loses WIPO Attempt on Atlantic.com

And so they should have.

http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-1063.html

Corporations such as this one in France are the Internet equivalent of ‘armed robbers’ in a convenience store..  They want your stuff,  stuff that could be sold to anyone for value..  and they don’t want to pay for it.

711 …Daddy’s got something waiting for you under the counter ;) ..  I’m in the process of litigating against a company that recently tried to defraud me via UDRP.  While my situation was particularly egregious, if we all resisted over-reaching in this way, covetous latecomers might think twice about doing something online, which they would never dream of trying in a 7-11.

Reverse Domain Hijacking Found in FCC.com UDRP

Jb_2 In the immortal words of Dr. Berryhill..  "This is rarer than a Blue Iguana"  (blue iguana’s are a Cayman Islands rarity)

""This is the first time in a long time that a WIPO panel found reverse domain
hi-jacking:

http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0770.html

Fcc.com - The Spanish complainant - a concrete company - didn’t mention what, if anything, the respondent was doing with the domain name.  Of course, if you look at the site, anyone can see that it is an RSS aggregator for stories relating to the Federal Communication Commission.

The Panel found this kind of creative omission to be abusive, regardless of whether the Complainant did it on purpose.  The money quote is where the Panel itself mentioned that a three-member panel pays closer attention to these things than a single member panel:

"[T]he Panel observes that if there had been no response, there would have only been one panelist (it was the Respondent who sought a three member panel) and it is known that some panelists take a more robust view than others where there is no response and some panels restrict their consideration solely to the papers before them. Accordingly, it is not inconceivable that a sole panelist might have decided the case without looking at the Respondent’s website and might have come to a different conclusion. […]

Anyone examining the Respondent’s website could see that it was a genuinesite and that anyone1 launching a complaint was bound to fail. The Complaint makes clear that the Complainant had visited the Respondent’s website. The Complainant mentions the fact that the Respondent’s website features revenue earning advertisements, but does not identify the nature of the advertisements; moreover, the Complainant uses the fact of those revenue earning advertisements (i.e. commercial gain) as a basis for its bad faith claim. The Panel is in no doubt that it was incumbent upon the Complainant in the circumstances of this case, noting in particular the nature of the domain name in question, to provide the Panel with sufficient detail of the Respondent’s website to enable the Panel to make a fair assessment." There are a couple of money quotes in the decision. ""

***FS***  Terrific decision and blog fodder

Polaris Enforces Its Marks

Tm_infringementCompanies getting more savvy to TM infringers,  guided by industry peers and battle hardened IP counsel.  Not all cases are as clear cut as this one Download wpp-polaris.pdf  .. I expect some legal pushback as the first registrant’s located in juridictions where ACPA doesn’t apply, start to fight back using a twist of arguments found in old cases such as webber grills (although that criteria was different) and draw on the inequity of search engine monetization of those same TM’s  via Google/Yahoo paid-search.

For years domain registrants have been preaching about the value and worth of domain names.  In a classic example of: "be careful what you wish for.. you may get what you want", companies around the world are starting to recognize that value ..  and are moving to secure the rights to obvious infringements of their brands/marks first.

Are all Land Developers Robber Barrons?..

My_man_kanye …Are all rap musicians gangsters? Are all stock brokers inside traders?..

http://tcattorney.typepad.com/anticybersquatting_consum/2007/09/are-domainers-c.html

The surreal exchange linked above asks the question if all multiple registrants of domain names (domainers) are ‘cybersquatters’.  Professor Eric Goldman of the Santa Clara University School of Law just looks bad in this one.

This is a professional who should know better than to try to paint anybody trying to profit with domain names in such an inequitable and unsavory light.

Quote: "Well, that’s one of the issues that we’re wrestling with in the field is whether domainers are cybersquatters and there’s been a strong split of opinion about that topic"..

***FS*** Translation: "Stories of hope and opportunity don’t sell as well.. These uneducated folks make more than me .. and I’m tenured!" Let’s redefine these entrepreneurs and question their motives."

Quote: "But I’m still wondering, and I still have an open investigation into how many people are really coming to these sites, not because of their fat fingers or their bad typing skills, but because of the fact that these sites are also indexed in the search engines"

***FS*** A simple call to Google will reveal that they aggressively scrub domain parking pages from the Google index.  Google wants to control web-search, and navigation is a part of that. Google gives domain registrants with ‘advertising only’ pages no-quarter..  and no traffic.  None of my merchantable traffic comes from Google links.. None of the domainers I know get any of their traffic from search engines. Google scrubs them like crazy.. and most don’t care. It’s not about ‘former site traffic’.  Most domainers want organic type-in traffic which comes for the keyword weight, gravity and resonance of the name itself. Not a former site or the activity at a former site.  It’s about the drawing power of the name-phrase as a generic beacon of interest.

Quote: "There’s a couple of reasons why I’m suspect about the long term viability of people typing in domain names into address bars. First of all, so many people got started doing that because if they mistyped things back in the old days, they would get pop ups and porn. And so a lot of people I think learned not to type in domain names into the address bar.. "

***FS***  Boy are you off the mark on this one. People have been typing domain names into the address bar since the dawn of the commercial internet when parking pages consisted of stick-men holding shovels and "under construction" signs - and still people came back and typed these domain names.  So now that domain registrants are serving targeted advertising and content mated to the subject matter of the name, they are supposed to get "less" visits? You’ve got to be kidding. How is this experience any different from searching at Google if the domain name paid-search results are themselves "powered by Google"?

Quote: "…So, instead of using the address bar in their browser, they will use a search tool bar or they will use the field at a search engine to type in the exact same text. So, I’m not entirely clear where these people are coming from."

***FS***  …and they’re interviewing you on this?  Aye yay yay… 

Bell Prof..  do I hear a bell?..  because you need some schooling on generic name domaining vs. bold-faced cybersquatting..  Normally narrow mindedness and ignorance don’t get my gall..  but you’re an educator and I expected some more free-form thinking from you.

The most zesty and inequitable part of the interview goes along the lines of:

Quote: "The trademark owner says if someone is typing in my trademark into their address bar, they are looking for me, and if somebody interposes between the consumer and me, and offers that user the ability to go somewhere else; for example, to my competitors; that person is stealing business from me ..

***FS***  The problem is: not all trademarks are created equally.. and anything can be trademarked by anyone. It depends on the date of the mark,  the class of services.. etc etc.  If somebody gets a trademark on the word "blue" for tshirts in 2007, that does not preclude the domainer and owner of the valuable URL blue.com from selling "paint" or "cheese". It certainly doesn’t make that registrant a cybersquatter. Unfortunately, that doesn’t stop the holder of the "blue" t-shirt word-mark from trying to unseat the legitimate registrant of the blue.com URL by incorrectly and unfairly maligning said registrant as a "cybersquatter".

Where_rubber_hits_the_roadMany parties can have a legitimate interest in a domain name for paid search or development and it is not for inequitable, covetous latecomers to say when a domain registrant should develop their name or how that name should be developed.

Accusing legal registrants of valuable generic domain names of running "an illegitimate business" is not a balanced or equitable viewpoint.

To be fair to this nutty professor.. he does redeem himself a bit with this ditty: "in theory, domainers are saying we know that you may have typed in something and we are going to try and help you figure out what you are looking for… That way, perhaps domainers are actually helping consumers get from where they try to go to their ultimate destination."

Again, not all domain registrants (domainers) who try to profit from domain names, deliberately target trademarks. Trademark rights can be claimed by ‘anyone’ for ‘anything’ and often those rights "can not" be claimed to exclude others from using the same generic word or phrase for an unrelated purpose.

Many of the domainers I know are essentially the largest trademark holders in the world..  they use intellectual property which they had the foresight to register in order to sell products and services on the Internet. If professor Eric Goldman can be shamed for anything, it’s failing to view these large scale commercial name registrants as trademark holders in their own right. 

The fact that many existing trademark holders world-wide missed the opportunity of their lifetime (and their children’s lifetime) to be first-to-register generic domain names similar to their marks does not give them the ability to rewrite history and unseat those who saw what they didn’t.

Thank God for capitalism, free enterprise, trademark law (precedent) and competing bay area universities with more open-minded teaching faculty.

More Lawsuits Target the Darkside

http://seattlepi.nwsource.com/business/331601_cybersquatting14.html

Strange_differencesThis is a gradual shaping and of the space, where portfolios of trademark names are driven deeper underground and forced to operate from faceless organizations in unreachable jurisdications. 

While I don’t subscribe to the philosophy of deliberately targeting trademark typos, I am struck by the dichotomy between the litigators (Microsoft) and their own philosophy of using obscure typographical trademark typos in non-resolving domain names (error search) as front door entry traffic fuel for their MSN portal.

The ACPA, while well intentioned, only forbids one of two nearly identical user experiences on the Internet.. The first happens in the search-engine toolbar or browser address bar, the second which happens in DNS is punishable in civil actions via the courts.

The world of Internet intellectual property is a strange, strange one indeed.

Rounders

http://news.portalit.net/fullnews_game-over-for-domain-squatter_144.html

Watsed_lifeProbably old news for those of you looking for hot domain tidbits…  An enterprising criminal (from my beloved Las Vegas of all places), figures out that high quality generic domain names are worth a lot of money and tries to defraud unwitting registrants with a  malicious ruse…  until he’s busted.

I just got UDRP’d (and beat) a similar culprit who is about to experience a change in lifestyle (due to lack of cashflow) and hopefully spend some time in prison.

This type of thing happens and goes un-prosecuted every day.  It’s important for registrants (regular people) to educate local law enforcement..  "Take the time to explain the crime"  ..  In my experience it’s not that law enforcement officials lack the caring to pursue justice in domain matters.  It’s just that you need to spend 20 - 30 minutes to clearly explain why and where a crime ocurred and the incredible amount of money at stake.

With your help, the bad guys will turn on their heel and run.  The bummer about the Internet (for the criminal element) is the undeniable paper trail..  Between payment method and access point (ip address) nothing is secret on the Internet.

USPTO Sued over Patent Office Appointment

Steve Morsa writes:

""Hi Frank,

Thought you/your readers might like to take a look at a lawsuit that myself and three like-minded brave souls just filed against the US Govt over their appointment of an unqualified 2nd in command to the critically important Patent and Trademark Office.

Given that trademark law is an important component in the domain space, it’s pretty relevant to our business/es.

The govt continuing to appoint unqualifed "leaders" to the USPTO is only bad news for us and all innovators…

Here’s what the WSJ says:

""UPDATE: U.S. Commerce Secretary Sued Over Patent Office Appointment

By Stuart Weinberg
Of DOW JONES NEWSWIRES

TORONTO (Dow Jones)–A group of inventors and patent lawyers have sued U.S. Secretary of Commerce Carlos Gutierrez, alleging his appointment of Margaret Peterlin as Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office was illegal and an abuse of discretionary power.

According to the suit, filed Monday in the U.S. District Court for the District of Columbia, Congress amended the Patent Act in 1999 to require that the Director and Deputy Director of the USPTO each have "professional experience and background in patent or trademark law." Peterlin’s appointment, announced May 8, violates the statute because she "lacks the requisite professional experience and background," the suit said. The suit was filed by Gregory Aharonian, a professional patent analyst and inventor; David Lentini, a patent lawyer and inventor; David Pressman, a patent lawyer; and Steve Morsa, an inventor. They are asking the court to order Gutierrez to dismiss Peterlin immediately and establish rules to assess what qualifies as a professional background and experience in patent or trademark law. They also want the court to order Gutierrez to appoint a replacement for Peterlin who fulfills those requirements.

According to the suit, the plaintiffs and other patent professionals sent a letter to Gutierrez dated May 26 requesting comment concerning the criteria used to identify candidates for the Deputy Director position. They also wanted to know how that criteria satisfied statutory requirements and how the appointment of Peterlin was justified under that criteria. As of July 9, the date the suit was filed, the plaintiffs have not received a response, the suit said. Representatives for Gutierrez weren’t immediately available for comment.

According to the suit, the USPTO has suffered serious deterioration in the quality of issued patents and trademarks, the timeliness of examination and trademark applications, and the overall morale of patent and trademark examiners due to senior management who lack professional experience in patent and trademark law. Peterlin’s appointment "perpetuates USPTO management’s inability to handle egregious delays in processing patent applications and halt the decline in the quality of issued patents," the suit said.

The poor quality of patent examinations harms Aharonian and Morsa by forcing them to pay from thousands to tens of thousands of dollars in fees to argue "spurious rejections" of their patent applications, the suit said. Suit Alleges Peterlin Not Qualified For Position.The suit alleges, among other things, that Peterlin has never drafted or prosecuted a patent or trademark application and never managed professionals who work in the patent, trademark, or information management fields.

Before joining the USPTO, Peterlin was Counsel for Legal Policy and National Security Advisor for the Speaker of the U.S. House of Representatives, Dennis Hastert, according to biographical information on the USPTO’s Web site. In this role, she advised Hastert, House and Senate leadership, and senior staff on legislative policy and strategy, including judiciary issues such as intellectual property protection, the Web site said.

Peterlin also served as general counsel to Richard Armey, majority leader of the House of Representatives, the Web site said. She clerked on the Fifth Circuit Court of Appeals for Judge Jerry Smith and also served as an officer in the U.S. Navy for four years, working in the communications field, the Web site said. She holds a bachelor of arts degree from the College of the Holy Cross and earned a law degree cum laude from the University of Chicago, the Web site said.

"Margaret Peterlin is well qualified for her job as Deputy Under Secretary and Deputy Director, having had direct involvement in oversight of the USPTO and every piece of patent, trademark, and copyright-related legislation considered on the House floor over the past five years,"the USPTO said in an emailed statement. "We will not comment further due to the pending litigation."

Intellectual property has become more central to the U.S. economy in recent years, as innovation supplants manufacturing as a key driver of economic growth. The number of patent applications has soared, climbing to nearly 444,000 in 2006 from 206,000 a decade ago. The deluge is at least partly responsbile for delays in processing patent applications, but Aharonian isn’t prepared to cut the USPTO any slack. Reached for comment Wednesday, Aharonian said the increase in patent applications makes it that much more important for the USPTO to have qualified managers in place to handle the massive flow of information. He said the USPTO has a long history of mismanagement at the senior level. This has led to strained relations with patent examiners and a "multi-year" inability to supply examiners with the computing tools needed to process patent applications in a timely manner. "The people at the top level of the patent office don’t have any experience with these types of managerial issues," he said. "So how can you expect any of them to solve the problems?"

-Stuart Weinberg, Dow Jones Newswires; 416-306-2026;
stuart.weinberg@dowjones.com
(END) Dow Jones Newswires
Copyright (c) 2007 Dow Jones &Company, Inc.""

Here’s what my area Scripps newspaper says:

venturacountystar.com/news/2007/jul/18/suit-filed-to-remove-patent-office-deputy/

And here’s the actual lawsuit:

www.bustpatents.com/peterlin.pdf

***FS*** Thanks a bunch Steve ..  Anything that makes the USPTO stronger is good for America and good for all individual and commercial domain name registrants, inventors and entrepreneurs.  Good luck with your action..  I hope it achieves those goals.

Firefox Takes IE Down Another Notch

Danno_2Danno sends spicy headline and link:

""FYI…July 17

http://networks.silicon.com/webwatch/0,39024667,39167861,00.htm?r=1

Best,
Dan"""

Ie7***FS*** The way I see it Microsoft / IE have two choices.  They can clean up their act (browser) and stop gaming people’s navigational intent via BS takeovers of your/my traffic to their "Live" property (this basically goes to improving the usefulness of their browser) .. or they can gradually perish as people like you,  I, Firefox, Opera, Safari and others work against them to undermine their position.  Nobody would work against them if they were delivering a better product or running a clean show.  If they choose the latter,  I expect even more nefariousness and acts of dsesperation as they go down at an accelerated pace.  Serious serious prediction.

Australian Press Delves Into Domain IP Issues

Danno Danno writes:

"FYI..,

Web of confusion between domain names and trademarks (AU)
http://www.theage.com.au/news/business/web-of-confusion-between-domain-names-and-trademarks/2007/07/19/1184559956079.html

Best,
Dan"

***FS***  Thanks Danno.

Ebay Builds Some Bad Karma

http://www.fool.com:80/investing/general/2007/06/18/ebay-stole-my-windorphins.aspx

EbadI have never liked Ebay’s IP approach..  they run software that sends out blanket bullshit CD’s to every registrant owning a name incorporating "eBay" including completely unrelated names like "prudhoebayrealestate.com". Companies with an entitlement mindset like this get no love from me.  I don’t buy or sell on eBay :)

Ebay was late, had no mark, they should have offered to buy the name (arms length) from Munarriz

Thanks to Mel Bass for the link!

Nefarious ISPs for $100 Alex…

AlexCedric writes:

"Looks like ISPs also reroutes mistyped URLs to their own pages: www.theregister.co.uk/2007/07/11/tiscali_dns_hijacking/ "

***FS***   Support an ISP of this variety and you support their illicit behavior. I view ISPs as monopolies of sorts, so when I see them pervert their user’s browsing experience like that it gives me the willies.  I would switch ISP’s or try to opt out of the scumwear if possible. Any download helper app can pervert DNS. There is no limit to the amount of parties who can try to force their software on your machine with promisses of "better experiences" which really aren’t.

CanaryIn the final analysis as more and more companies say: "I want to get ‘my’ crap on your machine to make money from ads", you will see a user backlash which brings many smarter folks home to the old DNS standard. Articles like this are a canary in the coal mine illustrating that most users rightly view helper apps and takeovers with disdain, for their lack of clarity and untoward shaping of user intent.

10 US Laws Domainers Should Be Familiar With

http://avivadirectory.com/domain-law/

Domain_lawsReposted on several other forums..  The authors of this piece turn out some good stuff related to domain names and domaining. They also wrote this ditty on how to get started in the domain business.

Very well written and lots of steak in there.  Drive safely.  :)

Urban vs Urban - Domains Disputes Go Country

http://www.nj.com/news/ledger/index.ssf?/base/news-11/118395530582520.xml&coll=1

DannoDanno sends link.  Thanks Danno :)

Quote: "…But the lawsuit might never make it before a judge. Last week, New Jersey Urban’s attorney said the two sides were in settlement negotiations, hoping to reach a compromise before the case goes to trial."

Two guys named Keith Urban… The country singer trying to unseat the guy with the same name who predates his ownership. This looks like a slam dunk (fluff about similar looking sites notwithstanding). The singer should lose.  Take heart Keith..  there’s a country song in there somewhere ..  "My truck broke down, my wife left me and I lost my domain…". ;)

ISP Scumwear to Replace PPC Ads on Functioning Sites With Their Own

Scumware Richard writes:

""tp://www.adzilla.com/Service_Provider_White_Paper.pdf

Lots of fluff, but here’s the meat:

Ad Optimization

Working with ADZILLA content provider partners, ADZILLA agency partners, or from local advertising secured by the ISP, this technology allows service providers to remove irrelevant content (advertising) and replace it with content that is more pertinent or even localized to the sbscriber.

Could be used to replace all your PPC links with their own.

- Richard""

***FS*** Thanks Rich!  ..  Ahhhh the scumwear play :)) - We’ll remove your "irrelevant advertising" and replace with our irrelevant — er..  "relevant" advertising. This is basically what fun-screensaver, drive-by download and scumwear apps have been doing for years now. I have seen companies try to launch this stuff at the ISP level before. In the grand scheme the ISP’s become a potential FTC targets for unfair competition as they roll this stuff out, they also risk alienating their users because the results aren’t always seemless..  From the publisher perspective it means impression based advertising becomes more important and also the cloaking of ad listings to avoid them being taken over by said scumwear.

Chalk this one up to trying to turn the free-internet into an ISP controlled Intranet. Seen it before and not a game-changer.

Gmail - Different Countries, Different Laws, Different Rights

http://pressesc.com/01183582507_gmail

Cuckoo_clockGerman individual predates Google relating to "Gmail" mark.  Said chap seeks to have Google stopped from using the mark in Switzerland too. Expect to see less cuckoo-clocks, complicated watches and fancy chocolate in the Googlplex from here forward. ;)  ..  Thanks for the link Dan and Josh

uTube.com vs YouTube.com Stays Alive

http://www.theregister.co.uk/2007/06/12/youtube_utube_alive/

I accidentally typed uTube.com yesterday trying to get to the YouTube site. So this is real.  More reasons to own a generic, descriptive non-made up name that nobody can claim an exclusive right to use.

Thanks sincerely for the link Dan !~  :)

Google Wins Fight For Gmail.co.in

Goog http://www.hindu.com:80/thehindu/holnus/001200706072067.htm

Respondent took deliberate steps to profit from Google’s brand. Not sure about the registration dates on this one. Thanks for the Link Dan.

Sex.com - The Book

Adam sends link: http://sexdotcom.info/  (thanks Adam!~)

Sexdotcom

Citizen Hawk Locates a Weee Turd in a Sea of Poop

http://www.domaininformer.com/news/press/070521CitizenHawk.html

Quote: "CitizenHawk, today reported that there are over 10,000 cybersquatting domains infringing on the trademarks of ten of the top US retail bank web sites".

SnowbirdOh my Golly!! .. Quick .. call the Coast Guard, the Mayor and the ‘Legion of Super-Heroes‘.  While I don’t mean to sound flip about this, it’s remarkable that Typo locating services like Citizen Hawk are capable of finding a handful of bank typos while completely overlooking the 200 million+ collective typos of every single website, when people mistakenly enter .xom .cpm or .con and other typos to the right of the dot.

That traffic often flows to Google via Firefox or to Microsoft’s LIVE property via their IE browser.

The wholesale inequity of ‘browser domain-typo takeovers’ like these is as glaring as the pasty posteriors of the snowbirds on my beach, yet Citizenhawk can’t seem to find that with both hands. While there’s no gentrifying deliberate and malicious typosquatting,  the real question I see here is: What flavor do you want your typosquatting…  little nefarious operator?.. or Microsoft/Google who get the error search if the name doesn’t resolve?

Google Win’s Latest Circuit Round of “Fair Use” Thumbnail Image Case, Against Perfect 10

http://www.newsfactor.com/news/Google-Wins-Appeal-in-Perfect-10-Spat/story.xhtml?story_id=101009BTU8LZ

Let’s hear it for free thumbnails of hot models.

Utube Capitalizes on Youtube

Utube_2Great post on Jay’s Blog about the owner of Utube.com which is an industrial tubing and supply company that had the good fortune of acquiring a domain name that is very similar to Google’s wildly popular Youtube.com site.

Situations like these are murky.  As an individual domainer I would not want to build my fortunes on a portfolio of similar situations like these, because owning this name for nothing more than the third party monetization of the name could be argued as typosquatting (law open to different interpretations depending on circumstances surrounding each situation and content displayed).

WalmartIn this tubing company’s case, they have a company/mark which predates Youtube’s. This is the Internet equivalent of building your tubing company on the vacant lot next door to the Walmart super-center and capitalizing on the drive-by traffic.

These situations are much more common than you’d think and illustrate the problem with trademark holders over-reaching for all conceivable variants of their brand (where others may have a legitimate right to use).