The Big .CON Becomes the Big .Gamble and WE can make the BIG .Money!?

Morning Folks!!

The Big .CON Becomes the Big .Gamble and that brings into play winners and losers. Those that will make .money and those that will lose .money.

To many it is obvious that this is poised to have a lot of losers. But only losers focus strictly on the losers. There WILL be winners. I expect most if not all will be surprised by the headwinds they face and the challenges we as investors and marketers KNOW they will have to deal with.

"This is sht and this is gold. Now you know everything." From the movie "The Jerk" with Steve Martin. That's domaining. Shit and Gold.

The marketplace is going to pick those winners. It won't pick the losers. They will die on the vine all by themselves.

Folks, this is the fun part. It takes 20 years to get to the fun part. History taught me that. Life taught me that. I think the extensions poised to do the best may be the ones around for a while. This breathes new life in .TV, .US, .info, .Org, .Me, and maybe even a .biz.

Funny how I am the out of touch one when it comes to some. But I deal in what is and in facts and many of them are using the unknown and hopes as a way to compete with a market that already EXISTS as opposed to one that MIGHT materialize. Some are always chasing shiny objects like dogs chasing a car. So with 1900 and an unlimited amount of dogs the first question you would ask is which one could really breakaway and be meaningful? None? 1? 10? 100? 1000? Which ones? Any?

There may be some limited gold in each of those. Maybe not. Flipping quick may be the best bet if .mobi, .xxx, .biz, .whatever are any historical examples.

.Travel has been trying to break out for a long time, their window of opportunity is in jeopardy as I see it. They have had a hard time getting this thing going when there was virtually no competition, how does it work now when 1900 others join him?

I have bought into many .whatevers. I have several hundred. But they don't pay the bills. They ARE the bills! But each year I weigh the new information and see how each domain fits into the future. Some I keep investing and some get cut loose. I would have been much better off flipping these domains, but flipping is not my game. Holding long-term is. I think .whatever is a flipping game and those that buy into the hype are your marks. I mean customers.

And with dozens or maybe hundreds of companies flailing to stay alive, there will be employment opportunities the likes of which this industry has never seen before. Lawsuits will be flying for many years to come just as the dust is starting to settle over .com land. A few MAJOR .whatever losses can expose another weakness that .whatever may have to face as folks get "Cute" about picking new names and infringe on others. It's all coming.

The calm before the storm. 1900 barkers barking. Some may know what they are barking about. Most won't. But they will have to spend money marketing or they will not break through all the noise. Like I said, MANY will die on the vine. Some will die because their .crap extension just stinks and has no commercial or social value. Some will die because their marketing sucks. Some will die because they have no marketing plan at all. But most will die because they will be buried before they even start. Smothered to death by the shear size and magnitude of what is coming and the timing that comes with it.

So while I see many failures, I also see so many ways to make money as things unfold. Those with cash will have investment opportunities. Those that have advertising space and visitors will have advertisers. In time those advertisers will be many more than the advertising outlets and things like that drive prices  and profits back up.

So while we have been at ebb tide for a very long time, that period is coming to an end and it dovetails perfectly as the economy starts regaining some of its umph. That's why I see things improving and possibly improving dramatically. Quickly. Strongly.

So while FEAR seems to be the driving force in this industry today, I only see opportunity in the unknown of what is to come. It .whatever craps out, .com goes thru the roof. If an extension breaks out, we all get to do what we know all over again. So where exactly is the downside other than confusion? Heads we win, tails we win. And if the coin lands on the side, we win. And if the coin gets lost, we win.

Need, want, desire. Those that keep that in mind are going to have a better time dealing with reality than those that want to ignore it. And you can have all 3 and still have a disaster. Like going on a blind date. The need, want and desire are all there, then the person walks in and need, want, desire headed out the back door.

Have a GREAT Day!

Rick Schwartz

My Oldest Historical Parallel Ever and How it Relates to You TODAY!

Morning Folks!!

As you know I often talk about Historical Parallels and how it relates to business and how you can take that parallel and see things you never saw before. And when you do that opportunity appears and you can take advantage of things first and if you do that you put yourself in a position to make money or at least have a really good idea of how things might unfold.

Well my very oldest, dearest friend Dave, sent me the very oldest parallel I have ever found. It is quite the story. I hope you enjoy a little Jewish humor! Sorry DomainGang! Thanks Dave!

Rick Schwartz

 


In ancient Israel , it came to pass that a trader by the name of Abraham Com did take unto himself a young wife by the name of Dorothy.




Dot Com was a comely woman, broad of shoulder and long of leg. Indeed, she was often called Amazon Dot Com.




 And she said unto Abraham, her husband, "Why dost thou travel so far from town to town with thy goods when thou canst trade without ever leaving thy tent?"




And Abraham did look at her as though she were several saddle bags short of a camel load, but simply said, "How, dear?"




And Dot replied, "I will place drums in all the towns and drums in between to send messages saying what you have for sale, and they will reply telling you who hath the best price. The sale can be made on the drums and delivery made by Uriah's Pony Stable (UPS)."



Abraham thought long and decided he would let Dot have her way with the drums. And the drums rang out and were an immediate success. Abraham sold all the goods he had at the top price, without ever having to move from his tent.


To prevent neighbouring countries from overhearing what the drums were saying, Dot devised a system that only she and the drummers knew.  It was known as Must Send Drum Over Sound (MSDOS), and she also developed a language to transmit ideas and pictures - Hebrew To The People (HTTP).


 And the young men did take to Dot Com's trading as doth the greedy horsefly take to camel dung. They were called Nomadic Ecclesiastical Rich Dominican Sybarites, or NERDS.


 And lo, the land was so feverish with joy at the new riches and the deafening sound of drums that no one noticed that the real riches were going to that enterprising drum dealer, Brother William of Gates, who bought off every drum maker in the land. Indeed he did insist on drums to be made that would work only with Brother Gates' drumheads and drumsticks.


 And Dot did say, "Oh, Abraham, what we have started is being taken over by others."  And Abraham looked out over the Bay of Ezekiel , or eBay as it came to be known.


He said, "We need a name that reflects what we are."


And Dot replied, "Young Ambitious Hebrew Owner Operators."


"YAHOO," said Abraham.


And because it was Dot's idea, they named it YAHOO Dot Com.


Abraham's cousin, Joshua, being the young Gregarious Energetic Educated Kid (GEEK) that he was, soon started using Dot's drums to locate things around the countryside.


It soon became known as G*d's Own Official Guide to Locating Everything (GOOGLE).



That is how it all began.  And that's the truth....


Yuck Yuck!

Didn't like it? I can sell you a sense of humor. ;-)

Enjoy the day!!

There IS a HUGE Penalty for Reverse Domain Name Hijacking!! More Severe than Dollars!

Morning Folks!!

There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.

When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.

So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!

Go to Google or go to Bing and search for Márcio Mello Chaves or Marcio Mello Chaves.

THAT is how SEO REALLY works!!!

RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!

Search procter and gamble domains. You no longer get a list of domains they own.

So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount".  But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!

The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.

So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.

Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!

I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and  life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??

Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.

Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process. 

I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!

Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would  take real balls to fire P&G. They might lose the account? Wonder if they were fired?

So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!

And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.

Rick Schwartz

 

 

And just for the sake of republishing for this post and July 4th. Here is the current list I have of RDNH cases. This list that the NEXT SCHMUCK gets to join and LIVE WITH!

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

 


 

 

 

Success, Failure, Fear, Progress. No Guts No Glory! Happy 4th!!

Morning Folks!!

It was July 4th 1996 that I picked as the day to make a provocative post about domains and their value. There was no aftermarket back then. But I would share what I learned including the domain names and the earnings. Few of course even believed it. But those that were informed knew. I did that again in 1997, 1998 and 1999 and it became my annual July 4th post. That along with a post every morning and banter back and forth throughout the day and sometimes all night before opening my own board using the exact code that ynot used in 2000. I was surprised anyone even joined in the conversation. But they did. The landscape has certainly changed since then. So my perspective is different from many.

Ynot was one of the first globally active collaboration forums in which folks were doing TENS of millions of dollars in business and competitors working together is what fueled much of it. It was focused on adult because there was yet to be a mainstream for the most part. There was a pond but the ocean had yet t appear.

Here is an illustration that 1000 posts could never put into words. Some folks think they are "Progressive" but somewhere along the way they fear progress. It's like an all or nothing for them each and every time and more often than not that type thinking leads to nothing. A loss. A loss with nothing to show. No progress. So it is defining to see where folks come down on the following illustration. I have said for years and you see it all the time, if you are afraid to fail that means you are terrified to succeed. Here is how I see it.

owenjuly

Winston Churchill said: "Success is the ability to go from one failure to another with no loss of enthusiasm".

Have a GREAT Day!

Happy 4th of July and Enjoy the Summer!

Rick Schwartz

 

The “Off Season” is Now in Full Swing!!

Morning Folks!!

Let's face it, summer is here and we are distracted. The world is distracted. But the distraction each summer looks different. I remember back to the summer of 1997 and 1998 and 1999 and at that time the average college student or traveler did not have a laptop with them. Most did not even have laptops at that time.

So college kids would get summer jobs at resorts and unless they passed an Internet Cafe, were largely unconnected. Of course that changed but it took TIME. About a decade. Now it is exactly the opposite. We are almost all connected everywhere we go and anywhere we go.

But that does not completely overcome the summer slowdown because the slowdown is caused by a slow down in BIG decisions. However big decisions are still being made and some big decisions are just being fostered.

We have TRAFFIC in October because that is when the business cycle is in full swing. That was the reason in 2004 and the reason today. It makes it easier to have a success because it is October. Just a tiny example. I am sure you have many of your own.

The point is the calendar plays a big role in business and if you don't understand that you will be sprinting when you should be walking and you will be walking when you should be sprinting.

Timing starts with the calendar. Introducing a new Snow Sled to the market in late March in Florida shows bad timing and bad location. I think I might pick November/December in Vermont or Colorado. No difference? Please! And that's my point. Recognizing simple little differences that add up to BIG things.

Have a GREAT Day!

Rick Schwartz

 

JointVentures.com Bulletin

Morning Folks!!

This note has just been sent out to all JointVenture.com clients and since I did this all so publicly I think you are entiled to see it as well.

Rick Schwartz



Dear Friends, Colleagues and Clients.


The decision to take on 3rd party domains came as a result of a discussion on RicksBlog.com back in the early fall of last year. I personally thought it would be the right time and having domains even better than my own would help give us credibility and accelerate our vision.


Well instead of accelerating our vision it actually led us off that path just a bit and as you will read further below the delay of the new gTLD's factored in as well.


Business to me is a very solemn obligation. It is even more so when I deal with third parties. And even more paramount when I personally know most of you and even those I have not met, we have had a healthy amount of chat and emails etc so we do know each other.


So your domains became a priority. We have worked diligently for months developing these pitch pages for each and every domain. But the further we got down the road the more overwhelming the task became.



We spent many days and hours with the sales team trying to train them to be effective and professional. Most important to me was "Do no harm". I know some types of marketing will lower the value of a domain so we were very sensitive to that. And while we had 2 or 3 go getters, there was just nothing to get at this moment.


I had hoped at this point to have several successes to point to that we could build on. I can't do that.

I had hoped by December 31st that we would have presented enough evidence and enough successes for you all to swing with us for another year. But I can't do that either.


In fact, I can't even ask you for the next 6 months. We are not out to tie up your property and so I hear-by release each and every one of you and the contracts we have with you effective July 1. I would hope you allow us to pursue any active contacts. There are a few names we have ongoing and active negotiations on and I want to ask those folks to stay on board.


Dispensaries.com & MarijuanaDispensaries.com, SEOConsultant.com, CRMSoftware.com. But these all have multiple parties interested and we have ongoing and active negotiations. Deals are all within reach and we are working to get those deals.


There are a few others like Rings.com, Disrupt.com and Nope.com that we have had some talks but nothing concrete yet and think movement will occur.


So while I would like to keep running with those domains, not up to me. I know we have planted a lot of seeds on many other domains and in time they may sprout.


Our current clients can even forward us future inquiries if you would like me to respond in your behalf. I still see GOLD in them thar hills! But if the timing is wrong, I would rather preserve our relationship until the day when the timing is better. There is NO QUESTION that domain leasing or lease/option is the way of the future. I still see it happening by the end of next year. But it is too far off on the horizon to ask you to tie up your assets any longer.


Bottom line, we were not able to meet our own goals that we set. Bigger is not always better and scaling back to regroup and get more proof of concept on my own domains before doing anything with 3rd parties is the right thing to do at this point.



I am all about timing. I saw the future last fall and jumped on board. As you have seen, Leasing has become the buzzword around over the last 6 months or so. It is still coming. Delayed but not canceled. And that is why I would rather release our obligation now and have the ability to come back when we are ready and the future is a little closer.


I want to thank each and every one of you so much for believing in us and I am sorry we let you down. Truly sorry!! It weighs heavy on me personally as we promised so much and delivered so little.


It was not from lack of will, desire or belief. Many of us have given what we had as we were "All in" and we reached deep looking for a success. I still think a success lays in the future. I will still be trying to blaze that trail a little bit each and every day. But reality trumps what Danny Welsh and I see when we are talking about YOU and your assets and the TIME to accomplish what we set out to do.


So effective immediately the JointVentures site will be pulled down in the coming days and I will be replacing it with something else. I have not abandoned my original idea of Joint Ventures or leasing domains. In fact I am working on a brand new site that will be online in the next few weeks. More streamlined and hopefully more effective. Maybe more geared to PURE Joint Ventures as this is where at least we have the ball rolling and have had some limited success.

It saddens me more than words can say that we let you down. We created as much momentum as we could and it caught on. We took the lead on leasing premium domain names in a new direction and the marketplace was just not ready to buy into our concept. YET!!!!!!! 

 

But I still maintain that day will happen and I still believe that that gTLD's will be the catalyst for that event. We expected them to start rolling out in April-May and planned a T.R.A.F.F.I.C. event in May in Las Vegas to capture that excitement. 

 

We almost lost our shirt on that show in Las Vegas but it came together and we pulled it out and it was a success for the attendees. But as we all see the delays, it won't be until October or beyond before we will see what we expected to see months ago. That was the KEY component in my timing and expectations throughout this. 

 
So it is so long, not good bye. Delayed but not over. Just waiting for the universe to catch up with the future. 


Rick Schwartz aka Domain King®

Chairman, CEO & Co-founder
JointVentures.com


You Need Brains, Ideas or Money to Play the Game.

Morning Folks!!

You got to come to the table with some THING. If you come late to the game then MONEY is the equalizer. Pretty simple. To catch something early money helps but it may not be as important or there may be ways to leverage your IDEA but that takes BRAINS! That takes a lot more than money because you are seeing something that has yet to materialize and money alone can not make it appear. You have to have some vision. Some futuristic thoughts. Some experience that you can draw upon that shows you a vivid picture that is so clear you just can't understand why everyone can not see it.

So when you see things early, the pay to play is a lot less than when it is visible to all. But then of course you have to endure lots of stuff. But who cares? Major leaguers get called all types of vicious names but they are on the field earning millions while the folks in the cheap seats are spending millions and the full circle is that those that are yelling are also the ones that give value to those on the field to earn those millions in the first place.

Confused? I have no idea why. It is a pretty simple process that plays out in so many different arenas plus the arena of life itself.

Success come with how you approach things. If the approach is flawed than success is virtually impossible. Even with a perfect approach, success is not an easy thing to achieve. Successful people fail more than anyone. But to an untrained eye in the grandstand it is a failure. But for those playing the game on the field, they know how many swings they need to take to get a success. Not only does a .333 baseball player make millions and become famous for failing 2 out of 3 times, he is also swinging the bat and failing 3x when they strike out on just one at bat. So the ONLY way to learn success and have success is to embrace and understand that failure to some is just step closer to success for those on the field.

Have a GREAT Day!

Rick Schwartz