What 40 Years of Championship Surfing Taught Me

Morning Folks!!

Many of you don't know that I compete in Championship Surfing to this very day. Been studying waves for over 40 years. If you are a surfer you need to learn to catch and ride the wave. There is no difference whatsoever in business.

Waves Baby!!

And what do surfers do when there are no waves?

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Have a Beach Party and wait until there are!

That is what I do as well. When there is business to be had there is no time to sleep and play. However when we have slow times like these, I don't sit around and fret. I just keep a keen eye open looking for the next wave. I don't waste my time and energy when there are no waves. But guess what? Even 80% of the 20% do. Not knowing the difference makes a HUGE difference. Now you know.

As far as the championship surfing. Well I have never been on a surfboard in my life. But that does not mean I don't have the ability to see, feel and understand the thrill. Then apply that to something else called "Business". I just found one single parallel that changed how I view things and it has served me very well for many years. I am a business surfer and I go for the gold every single day of my life!

Have a GREAT Day!

Rick Schwartz

It May be 2013 for Some, but it is 2014, 2015, 2016 for Me.

Morning Folks!!

I know some people who walk and always look down at their toes and seem to always have bruises on their foreheads. Should I suggest they raise their level of their eyes to avoid that pain and the chances are the anger will be directed at the person telling them that. However a simple adjustment can change your destiny.

But let's be honest, we all have our heads looking at a different point in the future. Whether it just be for the hour, the day, the week, the weekend, the first of the month when the bills are due. April 15th when taxes are due. Sales this year vs last year and planning for next year.

My focus is probably all of the above. However I spend time each day planning for 12, 18 even 36 months into the future. I tend to "vault over" those canyons of bad business. That is the time I just sit back a bit and relax. Make hay when the sun shines and realize when it is raining you need to do something else or just go play.

Every TLD other than .com sells for less than .com. The counterpart of ANY domain name has more value with a .com on the end than .anything else. Guess what, it likely will not change in the lifetime of anyone reading this. So those that plan for 100 years from now, well you will be dead. The second coming seldom comes and when it does, it could be way past your life expectancy.

So in the late 90's and early 2000's when there was still PLENTY of .com domains around to build an empire, some focused on .biz, .info, etc and they are still waiting for their ship to come in. The POINT I always tried to make over the 15++ years is don't settle for the cheap seats when the box seats were there for the taking. Gold and diamonds were in the mine but some focused on the next big thing. TIN!

Tin has value. But when tin and gold sit right next to each other it is very hard to convince me that tin is better.

So here we are. .Whatever sells for 1%-10% of a .com IF you can even sell it. When and IF .whatever is EVER on PAR with .com, most reading this will be dead.    Here's to your health and wealth!

Have a GREAT Day!

Rick Schwartz

The BIG Domain Industry BOOM!

Morning Folks!!

Ever heard the phrase "The calm before the storm"? These historical phrases are tested over hundreds of years and uncountable events. They are the most basic and fundamental building blocks we have. They consist of common sense, history and knowledge.

So while so many domainers are jumping out of their shoes each day with fear and worry I am sitting at the pool WAITING for TIME to pass. What is coming is SO CLEAR to see why are so many missing it? Some folk are always chasing shiny objects and just like a shadow, they never catch it. And they don't learn either.

There are BILLIONS of dollars coming to OUR POND in the WEEKS, MONTHS and YEARS ahead. If you can't figure out how to grab some of them $$$$, then you could not get laid in a whore house with a fist full of hundred-dollar bills. So those wringing their hands all day and questioning everything they do are being TRAPPED by their own MINDS!

It's truly sad to see that we are each our own biggest enemy and/or obstacle. While we always lash out, it ALL comes from within. You can either be in control of human nature or you can be controlled and victimized by it. But make no mistake. it is all SELF INDUCED! A choice we make because we each have the POWER to change our will and our destiny.

Today you can choose to be a victim or a winner. 80% wake up every day as a victim and the other 20% reap the rewards that are just sitting there because of it.

So go cry in your soup. It's a HUGE leap for that 80%. Nobody likes being taken out of their comfort zone. So they are all STUCK!

STUCK is a choice. You can be a Mover and a Shaker. But the bullshit swirling around in the minds of the 80% paralyzes them into inaction. STUCK! Those folks only have time and energy to lash out. They are insulted by the reality of life. They take it personally. I am amused at first and then saddened that they are stuck, sit on the side lines, fear every decision and since they make bad decisions, they should be scared!

So the #1 problem that the domain industry has is the same that every industry has. There is an 80/20 mix and the 80 spend all their energy trying to bring down others while the other 20 spend their energy in moving and shaking and still have enough time to try to have others see the path to success no matter what you do in life, who you are or even where you came from. Today starts now. Each day starts. Who is controlling YOUR day? Me? lol Some guy on TV? Some BS in your head?

You can go to school for 1000 years. You can obtain the highest degrees. You can be the most brilliant person walking. You can have every gift in the world. But if you don't understand and control human nature, if you can't make good decisions, if you can't see past today and learn from history, then it is all trumped by those that can.

Who is a better boxer? The guy with a 9-0 record or the guy with the 100-5 record? Chances are the 9-0 guy has never been truly tested. Chances are the 100-5 guy has seen it all and has been tested. Learning how to fail may be the only path to learning how to succeed. And everyone yelling in the grandstand is 0-0.

So here is a time capsule type post. Business is slow right now. So what? It's called summer and for a lot of folks they have not enjoyed a summer in several years. Well, they are going to adjust and enjoy this summer and business will limp along like a calm before a storm. But come September and on until the following September, things are in store for a huge turnaround. By December 31st 2014 the talk of recession will be gone and the recovery will feel like a BOOM!

Have a GREAT Day!

Rick Schwartz

What is the Evidence that the Recession is Over or About to be?

Morning Folks!!

Look from 2008-2013 and you will find that this has been the first set of posts I have talked about a recovery and the recession being over. Today I will explain exactly what I see and tell you why NOW is the time.

If you paid attention in 2008 the way the top economists explained the DIRE time we went thru as a ball bearing on a shiny, flat 18" plate that a restaurant server may carry over his head as he walks through the dining room and the ball bearing was out of control, rolling all over the place and the fear was the ball bearing would fall off the plate and the economy would crash and be out of control. Well the economy crashed but they held control because the ball bearing never fell off the plate. Barely! They admit it was out of control.

So why is the recession over now or about to be as I will explain? Well now they DO have control again. Now they can MANIPULATE things. Now they will use their power to make sure YOU and ME pay for the calamity that was mostly man-made by the political class.

But here is the real reason. Lets look at a Lawn and a Drought.

So a drought comes and your lawn is brown. That is a recession. Just using water as an example instead of money. So the lawn turns brown in 2008. In 2009 not only is it brown, it is brittle. By 2010 there are patches of lawn missing and the drought continues. Then a bit of rain happens in 2010 and some green appears. But then it does not rain again and back to even more lawn disappearing. In 2011 it begins to rain again. So green shoots appear. Then again another 9 months with no rain and the lawn is brown and dirt spots. Then 2012 happens and the drought is still present but there is some rain here and there and there is some green here and there.

2013 comes and the drought is still present but there are some spring rains and there are some folks starting to get more aggressive. But there is still a hot summer to get thru in 2013 and the drought is still a very big problem. But after the summer, NORMAL seasonal rains are going to appear and the difference is that this time the rain will be enough to carry things through the winter of 2014. But the lawn is improving. It looked a lot worse in 2010. There was some false hopes in 2011 and 2012. We are in the process of bottoming out right now. Bottoming out does not mean it is over. It means that you can see the end and plan for it and take advantage of it. I believe we are at the point where the economy can sustain itself as we move into the next business cycle that starts in mid August and int September and then beyond.

How?

By understanding what the politicians will do to. What people will do. What business will do. What stagnation looks like. What stagnation is Stagnation is already in the rear view mirror even tho some are getting a glimpse of it right now because just like a big bad storm, the worst sometimes comes at the tail end.

Now, it is dangerous to talk about politics but politics is at the bottom of this heap of shit called a recession and politics only makes things worse. People make things better. Time makes things better. Change of attitude makes things better. When folks get sick and tired. There are other factors at work. Anger and frustration are playing into the equation.

So when you step back, look at HISTORY and what politicians do and the manipulation that happens, it becomes fairly easy to predict things. Elections then come in play and things magically happen.

Look, I can go much deeper into the weeds but unless you are paying very close attention to some of the hardest to find info, it won't make sense. But when I say the recession is over it is not over in the sense of there is a big honeymoon and roaring comeback. It is the fact that we have bottomed out or in the midst of a summer bottoming out. The fact that after a very slow and hot summer, business will finally heat up in a HEALTHY way. The last weak companies will collapse and disappear and the lawn will be cleared of those dead weeds and make way for a green lawn period. Droughts and floods. That is the way of the world. That is history.

Look, there are MAJOR fundamental problems. We can't control things we can't control. It's ugly. But that aside because inflation will solve some of that.

And then look closer to home in our little pond. By the fall there will be many gTLD's rolling out. Some will do business. Some will collapse. This is a grand experiment of a grand experiment that has yet to prove itself.  But it brings in eyeballs, coverage and dollars. Where is the downside? Oh I forgot, because of being a victim to human nature so may of you worry and fear stuff you should not worry about or fear.

If you look to history you will find out where to be BEFORE you need to be there. Getting there AFTER is just following the herd.

When things change they change faster than you can react. For example the DAY the market turns, real estate adjusts 10%-20% immediately. A bear turns into a bull and so does the price of doing business. And it is no secret that the most desirable and the most undesirable properties sell FIRST!

In  early 2009 I wrote about the Economic fog we were in. There was zero visibility. Today there is clarity. Some of it is not pretty. But it is pretty clear that true stagnation is long gone and recovery is finally under way regardless of the significant headwinds and summer to come. Speaking of  summer, folks are going on vacations they may have passed up during the past few summers because they are sick and tired of being sick and tired.

Have a GREAT Day!

Rick Schwartz

The History of Surfing Waves and the Connection to You Today. Your Destiny Awaits!

Morning Folks!!

There is a reason they teach history and there is even a bigger reason to pay attention to it. "Those that don't know history are destined to repeat it." Now they figured this out in the 1700's and I am sure even before that. So what is the excuse today? One of the oldest realities that has stood the test of time for HUNDREDS of years and today what is the excuse for not understanding such a SIMPLE sentence? A very powerful and simple sentence with huge ramifications for you and you own DESTINY!

So what happens when you don't know and understand history besides repeating it? Well the biggest thing is it makes you react to false positives. You chase shadows. You live in fear.

But it is a FACT that history does repeat itself. So if you know this FACT, there are ways to take advantage of life and situations because what is to come is not that hard to foresee because it has all happened before. Just a new set of players and a new set of circumstances.

If you are a surfer this means you ride the top of the wave almost all the time. Because you KNOW that WAVE, You have seen that wave before. There are all types of waves and when you time a wave right you do GREAT!  You bend destinty in your favor.

Have a GREAT Day!
Rick Schwartz

Save the Date. August 16th, 2013

Morning Folks!!

There has only been one other movie I have ever touted. The Social Network. If you have not seen it, I am shocked because there is a DIRECT LINK to domaining and making a brand online. So the only word that comes to mind is "Dereliction".  But you can easily fix it in SECONDS!

But this post is about "Jobs" which is the movie about Apple. Don't go see it to be entertained. Go to learn. One tidbit could be life changing. So I know what I will be doing on August 16th. I hope I learn just 10% of what "The Social Network" taught me. PRICELESS.

So if spotting opportunity is not your strong point, maybe being at the right place at the right time will help you understand.

Rick Schwartz

John McAfee Unleashed. Hilarious, off the Wall, Must Watch, Video!!

Morning Folks!!

My brother sent this to me a few days back and then I saw it in the news today. John McAfee released a youtube.com video that is VERY funny. VERY out there. Definitely worth watching. ADULT CONTENT!!


 

 

Enjoy!

Rick Schwartz

 

I Stated the The Recession Was Over on June 9th! Now Even Bernanke Agrees.

Morning Folks!!

So 13 days ago I pronounced the recession over with THIS POST!  "The Finanical Recession is Over. But a Recession of the Mind Remains and Lingers."

I followed up the next day with THIS POST. "Champions and Challengers."

So I was VERY CLEAR about where I thought we were/are.

Not all were on board.

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Then this week something happened.  Bernanke repeated what I had said just 10 days later. Did he call me?? Now make no mistake about it, the PAIN is FAR from over. But we are at the bottom or soon will be. This summer IS the bottom and when the fall business heats up, we are off and running and the BULLS are finally loose on Main Street and not just the stock market.

So let me try again.

The Financial Recession is Over. But a Recession of the Mind Remains and Lingers. That's a GUT call. It was then supported by folks that are "Experts" just days later. Gut can trump all. Gut allows you to react before the facts unfold. That is called opportunity and opportunity is the key ingredient to making money and having a success.


Have a GREAT Day!

Rick Schwartz

My Fastest Growing Domain Name. 10,000 Daily Type-ins and Growing.

Morning Folks!!

Every once in a while I download all my stats and look at a detailed view and study them. I did not have to study long as I got to the very last name on the list of domains in that specific portfolio and got struck in the eye? A domain which several years back was getting 750-1000 daily uniques is now getting more than 10x that. Or should I say 10xxx that?

I should also say thanks to ICM Registry and .XXX since they are one of the reasons my traffic and earnings have increased 10 fold.  Just LOVE CONFUSION!!!  So that is why I NEVER see the gTLD's as a threat. I see it as an OPPORTUNITY!!!! And why wouldn't I? I have PROOF, DATA, STATS and EARNINGS!

Human nature and human behavior is easier to predict than the stock market or the ponies. I have been seeing it for a very long time on a multitude of things in many industries because they are all the same. Every pond has their big fish and water.

Now let me take it one step further. I can ABSOLUTELY GUARANTEE that the owner of xxxyyyyyy.xxx does not get 1/6000 the traffic than the xxxyyyyyy.com gets. But of course that is because I am drafting off .xxx as an entire TLD and not the .xxx domain itself. That my friends is important information and $$Valuable$$ information with the coming gTLD's. Lots of $$$ to be made, but not in the way many think. And if my  xxxyyyyyy.xxx does 10,000 a day I can guess that xxx.com is likely much much more.

Have a GREAT Day!

Rick Schwartz

Ryan P. Boggs of Digi10ve.com found GUILTY of RDNH

Morning Folks!!

When will these folks learn? 2 more people with "Scarlett Letters" hanging around their neck forever!

DomainNameWire.com is reporting another  case of Reverse Domain Name Hijacking. This one with a twist.

According to their story:

"Ryan P. Boggs of the site Digi10ve.com filed a seven-sentence UDRP pleading with WIPO to try to wrestle the domain name Digilove.com away from Frank Schilling. The case was filed with the help of attorney Molly Megee Hankins, whose LinkedIn profile shows that she’s co-founder of Digi10ve.com" (Not exactly clean hands)

Hankins originally inquired about buying the domain in 2010. Boggs then followed up, offering to buy the domain “at a reasonable marked up price”. According to the response, Boggs offered $16,000 for the domain, which Name Administration accepted. Boggs withdrew the offer, explaining that the offer had been made to see what Name Administration would have accepted for the domain. He then filed a trademark application with the U.S. Patent and Trademark Office for “Digilove”. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. 

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon.

Harsh? You bet!! These folks join Procter and Gamble and any others. But P&G BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice.

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 41 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward.

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well.

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker"

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America.

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking.

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

Case #42  The Complainant is Ryan P. Boggs of Los Angeles, California, United States of America, represented by Molly Megee Hankins, ESQ., United States of America. The three person panel found (pdf) that Boggs “engaged in duplicitous dealings with the Respondent in relation to potential purchase of the disputed domain name”. "Complaint makes express and implied assertions that are false. These false assertions might have misled the Panel had not the Respondent provided the evidence, readily available to the Complainant, that refutes these assertions. Furthermore, it is simply not fair to require the Respondent to provide evidence establishing that the Complainant’s case is without basis when the Complainant must have, or at least should have, known this fact. The egregiousness of these deficiencies of the Complaint is compounded by the fact that the Complainant was represented by counsel. "

 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz