The Domain King's® thoughts on domain names, web traffic, increasing web sales, success, life, and plain-old Business & Marketing 101. Nothing happens until a sale is made!
Wow!! Been quite a week! Between wrapping up the Las Vegas show, the red-eye home then opening up the October, Annual Show, and recuperating from the last few weeks, this is the first time I have had time to have some time. Was this really one week? I think this week started some time in mid May! ;-)
Just a quick note to let you know that reservation choices for the Ritz for the October T.R.A.F.F.I.C. are now open and online.
Here is the link for an Oceanfront King Room at $295/night. Run of house goes for $275.
There are a limited amount of these rooms so book now.
Show dates are October 20-23rd with Cabana Networking beginning on Saturday the 18th.
Rooms with 2 double beds are the hardest to get and should be booked early as well.
The hotel will run out of rooms before we run out of tickets. So secure your choices early.
This is a 5 star oceanfront hotel built in 2007 with 192 rooms. We will sell out the hotel.
We have outgrown this hotel as you will see and that is why we have a new and larger venue for 2014 and 2015. We will announce the venue later this year. But it is somewhere between Delray Beach and Havana. ;-)
It will be hard to compete with the service level of the Ritz-Carlton. They have graciously hosted us in 2011 and 2012 and is only hotel other than the Venetian in Las Vegas that has hosted 3 or more of our 26 shows. So before summer distracts you, make your plans early and get the most out of TRAFFIC. As folks will tell you when we say T.R.A.F.F.I.C. MEANS B.U.S.I.N.E.S.S........we deliver!
There is not a word here that I can say that matters more than those from attendees.
They decide whether the show was a success or not.
They decide if it was worth leaving the comfort of their homes.
They decide over the course of the weeks and months ahead whether they got value.
And they decide whether it is worth coming back or not.
So I can only say things from our stand point.
The group was stellar.
They were upbeat and enthusiastic.
There were some 40-50 new faces. Many from outside the USA
The hotel was first class in every way.
There were lots of places to go to comfortably network.
Some of the greatest Rags to Riches stories you will ever hear. Makes you want to slap silly some folks with no excuse whatsoever.
More spouses in attendance than ever before.
I want to thank each and every speaker for taking their time and energy to share things that sometimes are not easy to share. Well done!
Shane's mom was a rockstar and I never even got to introduce myself to her because she always had a crowd.
I was getting Freddy Von Schnauzer withdrawl but Bailey stepped up to fill in some of the doggie love.
I missed most of the show because I got a severe case of food poisoning at Olives the night before the show started.
I was no fan of Todd English before so you can imagine how I feel now as I am still recovering from a Tuesday night "Killer" meal.
And as I got off the red eye this morning I had one red eye on the October show that is just 4 months away and the $995 early bird expires tonight.
The other red eye focused on doing this all over again the exact same time, place and venue next year in Las Vegas.
Also a tip of the hat to the Bellagio staff that was flawless and to the physical hotel itself which as just beautiful in every way
My only tip is when you order eggs for room service, get them fried as the scrambled eggs arrived DOA each and every time and were uneatable.
Glad to be home and now we get to start working on the Fort Lauderdale show tomorrow.
But right now I am exhausted and I am sure I have loads of company.
So let me just say I hope those that attended got great value and those that did not, I hope we see you either next year in Vegas or in October in Fort Lauderdale.
You can read DNJournal's play by play highlights of the show here, here, here, here and here.
If you can't handle the truth then stop reading and go buy a comic book. I have stated for years that the bar to entering domaining is very low and when you look at how some look at their business it becomes obvious.
Even domain flippers are selling collectible and unique assets with an income producing potential with a global presence. Except many of them don't know it. They think they are selling a PRODUCT they buy for $100 and sell for $200 or $300. They mark it up like inventory. Inventory??
So this caught my eye. 'You devalued your domains by offering them everywhere for sale: forums, brokers, flippers, your mom. Hold them locked up like a virgin in a harem, next time.'
Copyright DomainGang.com:http://domaingang.com/domain-news/71-reasons-why-your-domains-suck/
Well those words are PRICELESS. The #1 challenge the Domain Industry has always faced is being a whore to make a sale and never understanding the TRUE value of a domain name. I have talked about it before. For many years. But Lucius put it in a very succinct sentence.
This week I used the Beep.me domain as an example. A $2000 sale of a domain could EASILY be worth INTO the 6 figures. First of all wtf is anyone or any company selling a domain like that for $2k?? A PREMIUM domain name worthy of much better then a $2000 sale. So sales are going down not because business sucks but because of things like this. All these companies should have QUALIFIED folks on staff to comb thru domains like this and not let them slip thru. Problem is the 50 people on the planet that may be qualified to do that have their own gigs and the last thing they need is a job.
This was just easy pickins for me because I think it was a good illustration. And if Beep.me has no value then the 1900 .whatevers don't either. But a 'Natural' is a 'Natural' and THAT is the key to any .whatever. If it is just a word with a .crap extension it will always be limited in value and business if any at all. But the top .whatevers will have some 'Natural' sounding things that have a chance. But that is the extent of it.
Half of you will jump on .crap and put a crappier name in front of it. Shitty.Crap. Which at least has MEANING! If you put Shitty.Crap out there I guarantee it is self explanatory. May not work as well with unrelatedwordsstucktogether.crap
Don't even get me started. I just see some companies undervaluing their assets in a way that is unfathomable to me. But that is their business and not for me to say this or that. So I don't want these companies to take offense. I can list many. Maybe all. Not that bad for a domain investor. But I have the ability to look at it from their side of the table and the least these companies need to do is isolate 6 and 7 figure domain names.
MOST domainers would flip that domain for $5k in 24 hours. BAD MOVE!!! At LEAST know the difference between a $5 domain and a $250,000 one. $100,000 on a rainy day. Fine, don't agree. But then you are no domain investor either. Maybe it is $25,000 or $50,000. Doesn't matter.
The point is even if you are a domain flipper this business is MUCH MORE than doubling or tripling the price against your cost. It is understanding you are in the diamond business whether you want to be or not and all diamonds are not the same. Beep.me is a diamond to somebody.
If I had the time I would open my own appraisal service and charge folks $250 each for a no bullshit Rick Schwartz valuation. Of course the ones I certify as 'Pigeon Shit' would make the owners very unhappy. lol But I would have to focus on domains with a minimum value of $25,000. But who has the time?
I have said for years that the only difference between a $3000 call girl and a $50 corner whore is the asking price and the value they put on themselves. I have seen beautiful $50 street whores and some homely $3000 call girls. (Seen, not used lol)
But domains can be truly measured for value in a number of ways. The automated ones are silly. They don't work. They factor in many pieces of the equation but fail to factor in the key pieces. TheDomains.com did a piece where they valued the domains at the TRAFFIC Auction at $1.85MM.
Well I like to mental masturbate as much as the next guy but the TRAFFIC Auction list is not worth $1.85MM and if it is, some folks are going to get some incredible bargains.
Just to be clear…
Flipping is just short term investing. Nothing wrong with that at all. It’s a great way to make a lot of money. I just prefer the long term outlook because it is less work and I have the luxury of waiting and that was my approach from the get go so that’s how I roll.
But even that does not always work out as I lose money on domains sometimes too. lol
99% of the domains I see have very limited value. 1% have value. 1% of those have great value. So when you are in a diamond mine only morons talk about the glass. The pros are busy looking for the diamonds in all that crap pile of glass. They only talk diamonds. And hopefully the biggest and best diamonds they can find.
Point is to STUDY first and then decide to sell or hold. Do you know how many emails I get from people that got a domain 5 SECONDS ago?? Flip less and make more!! Work smarter, not harder. Good luck!
It's May Day!! T.R.A.F.F.I.C. is now on the radar screen and it starts 4 weeks from TODAY!!! As you know Thursday is the middle day and the day we sell most rooms. We are looking thin now on Thursday as well as the days before the show. We are in single digits left there and we can't add to our block.
At $159 you may save staying somewhere else but the diggs are not as good, you will waste a lot of time in Taxi lines and you will end up paying more for less and getting less out of the show.
If there are any problems, please lmk.
We won't run out of tickets but we will run out of rooms. So I URGE you to make your reservations for the hotel FIRST and do it soon. I will give an update on Friday or earlier if events warrant it.
And we can ask this. If Donald Trump and this company, Avaya Inc with 17,500 employees, tried to HIJACK one of his properties, what do you think the response would be?? I think I am FAR from being harsh. I think he would take this company to task publicly and shame them and each of those 17,500 people that are standing by as this was allowed to happen and now where are the repercussions?? Who made the decisions to HIJACK a 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.
Avaya Inc. a company with 17,500 employees worldwide, is the latest company to be found GUILTY of Reverse Domain Name Hijacking. Another MORONIC internal decision soiling the reputation of a company by resorting to an attempted theft instead of the negotiating table. These tactics are going to do LONG TERM DAMAGE to companies engaging in it. Avaya Inc joins a growing list of companies that resort to THEFT when they see something they want. A DISGUSTING practice that now all 17,500 employees of Avaya Inc can hold up as a measure of their CHARACTER!
Harsh? You bet!! But if I were one of those 17,500 employees I would want to know what MORON or MORONS at Avaya Inc sold CLASS down the river??
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!
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.
I have 39 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.
The PUBLIC now OWNS the reputation of each of these companies. They are 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.
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.
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 #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 #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 #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 isPersonally 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 underUSD 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.'
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.
SeeNetDepositVerkaik 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 alsoLabrada 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 isHorizon 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 lastest 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); andAvaya 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 Coming Soon FUCKERS!!!
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!
Simple question today. Normally we start T.R.A.F.F.I.C. at 9AM. But in Vegas we are thinking of starting as late as noon. So the question is when would you like to see the show hours. Please take the poll below and let us know what you think. On May 1, I start working on the schedule in earnest and want to give you what you folks want and fit into the Vegas nightlife.
NOTICE: I have gotten wind of a couple companies, company teams and a few individuals setting up shop in Vegas to leach off of TRAFFIC during the show. Your reputations, not mine. Just one level above RDNH for me.
JUST TO BE CLEAR
So if you or your company needs to save a few grand, this is not the place to do it. Those savings will be very costly. Howard and I work way too hard to sit idly by. So on the record, for the record. If they cheat us, they will cheat you.SIMPLE!
And of course I will publish each and every name of the companies and the individuals. So Don't do it! Stay home or come thru the front door. ZERO TOLERANCE! Coincidence? We will let your peers decide. Just so we are clear. If you engage in this activity, EVERYONE gets to know. This is a serious show where many people paid a lot of money to attend and you are taking advantage of them. NO WAY!!
Been a long and rewarding journey in the 16 years since I wrote my 'Business Plan'. Every once in a while I look back and see the progress and see if I am still on the right path. Time really IS my best ally. Just remember this post is before there was PPC. Before Google was founded. Before mainstream was even viable on the net.
So I had a thought. What happens after a company is found guilty of REVERSE DOMAIN NAME HIJACKING? Well I think it opens the door for a suit targeting THEIR INFRINGING DOMAIN NAME. How's that?
I believe that will hold water and maybe that is the penalty and we don't need a law. We just need to start biting back and that is EXACTLY what I will use as a strategy on the next case. Imagine taking THEIR domain using the same techniques they did except we actually have a leg to stand on as they copied US.
If they start a knife fight we have the right and the ability to go nuclear on them.
No matter what counterpart of the .com domain others get or got, I thought of each idea before they did. I love that registrations are time stamped. Imagine how much harder it would be without that?
So Whoopie-doo, but I/we thought of your idea YEARS before you had a clue about the idea yourself. So fight me/us or join me/us. I/we will win the fight and you will still end up joining me/us. Why? Because it is in YOUR best self interest and the sooner you recognize that the FASTER and STRONGER your company will grow. Or not. Because at some point it will be ME that will be competing against YOU. Or it will be me and your competition fighting you in the marketplace. So a potential asset could become a threatening liability. Is it worth the risk? Ask Borders. Ask these folks who risked their reputations to get the .com.
Like I said there are an infinite amount of ways to climb this mountain. While others tried and died, I studied it. I decided what the TIME SENSITIVE things were because in 20 years I could just imagine what would be going on trying to grab a domain name.
So I started by securing the land first. And as I acquired the land I began to lay the path for where it would someday lead to. Of course everyone laughed at the fool looking 20 years down a road they could not see 20 days in front of them. I even explained how this was a 'Unique moment in time'. Well that moment has passed and we are in for 1900 re-inventors of a once in a lifetime phenomenon that will likely never repeat itself in the same form or fashion.
And yes, many will find success there. But that success will come in different forms at different times and it will be CAPPED. They can try and change the course of the river, but they will always end up right back at .com because without .com they will always be missing THE most important piece of the pyramid. The global piece. The credibility piece.
So go .whatever.
It is not a threat, it is an opportunity that leads everyone back to .com.
.com holders, your traffic will go up with each and every success. It may be years to see that success. But you are the big beneficiary. They all work for YOU! Me! They are our visible partners and we are their invisible partners. But when they never came to the table, that was a MISTAKE!
So as an industry we are going to have to endure a lot of predators from this point forward. But we do have the power to fight back and we have the power to slay the giants and we will and have.
Most importantly, as my 20 year vision starts unfolding, and that has already begun, then I will have dozens if not hundreds of examples to point to as partnerships that have flourished and are growing and the most important ingredient was having the patience and waiting 12 years to begin that part of the journey back in 2007 when the writing was on the wall. Now going on 18 I can clearly see everything on the horizon from my vantage point. That vantage point has been tested and tested and tested and it is a keen vision most of which has already unfolded. The cake is out of the oven and the last process begins of decorating and transformation.
And when I get accused of them all being 'Parked Pages', I can point to dozens or hundreds of examples of my visions and while others pissed away untold billions of other people's money, my sites will just be gaining notoriety and you will see what an overnight success looks like and why those 'overnight successes' take 20 years to be recognized.
And do you hear those footsteps? Those are the army of domainers that know what is coming.
Danny Welsh and I have been working face to face this week for the FIRST TIME since we launched JointVentures.com. Pretty amazing to get this far and have our FIRST face to face discussions nearly 6 months into this project.
By tonight we will have spent about 45 hours together getting systems in place and starting next week you will see some visible progress and for the first time you will begin to see the vision we have and what we are going to do to change the lives of every domain investor reading this that have lease quality domain names. I just got his 2011 Christmas card in January 2013 because I only check that particular PO Box 1 or 2 times a year.
The seed for all this was planted Last April 29th and before that. Matter of fact, I have seen evidence this week that Danny started working on this over a year before he ever contacted me. Last April 29th he wrote me an email. He also wrote 19 more. He figured it would take 20 emails to me to get to 'Yes'. Well he basically got to yes on the first email as it appears below. And as they will say someday....The rest is HISTORY!
I only have one mission and one goal and that is by December 31, 2013 to demonstrate to an industry an old and very profitable direction. We are going to change lives and we are going to do it right in front of you just like we have done so far. But by T.R.A.F.F.I.C., which is just 8 weeks away, your doubt will be washed away with what we will make public at that time. Then every single domain investor will start kicking themselves for selling a domain for $1000 that had the capability to earn $1000/month.
'Hey Rick, You may remember my name...or not.
But I assure you, before it's all said and done we WILL be joint venture partners.
I've made a number attempts to reach you in the last 3 years since stumbling across your blog and realizing the power of the 'starving crowds' you managed to find and gain leadership of by securing so many amazing keyword-rich domains with “type-in traffic”-- while all the Madison Avenue 'branding experts' do boneheaded things like spend millions on SuperBowl commercials for crap image impression purposes.
And since I've tried to reach you with emails, letters, calls, blow up posters in the mail, at conferences, Christmas cards, you name it. If I knew where you lived I'd probably hire a coordinated team parachute group to drop on your front porch with my message because my desire to work with you is very strong. ;)
It's the same thing I've been saying, trying to get your attention. But in the last couple years I've significantly increased the value I could bring to any joint venture with you-- most specifically in the realm of copywriting (ie salesmanship in print), having written salescopy for over half a dozen client projects that exceeded one million dollars in sales so far.
Let me use my skill as a copywriter and in building joint venture relationships to help you match audience to content.
I know I can develop one of your type-in traffic domain audiences into a more profitable income stream.
Give me a chance?'
My Response:
Hi Danny,
Let me know your idea and how you see it unfolding.
'Rick, my desire to work with you is enough that frankly wherever you feel a motivated individual talented in copywriting and joint venture deal-making could add the most value is where I’d like to begin doing business with you.
I have read in your blog that you have this goal: “I just want 100 different running businesses that require no time.” I believe there’s plenty of opportunity for me to use my skills to make money in partnership with you by helping you reach that goal.
While I could give you a thumbnail sketch of a half-dozen different ideas to propose for monetization of one of your single domain names— which is likely the kind of proposals you receive most often— I’m confident you already know one or more certain domain properties or verticals in your portfolio that is under-performing compared to potential-- where a degree of effort, creativity, and salesmanship by someone like me could significantly increase income without work or hassle to you.
Here’s how I might see that possibility unfolding…I’d like to work with you in 3 capacities, each of which would serve and support the other, and in the following order of execution:
1. Passive joint venture attraction: Allow me to create a salesletter-style “offer” of your partnership program for companies that would like to leverage your significant traffic sources in a certain vertical and in exchange pay you ongoing residual revenue share and/or equity stake per your preference. I believe an easy and quick testing roll-out of this idea could be accomplished with minimal time investment on your part simply by re-positioning www.jointventures.com -- and any other JV-related domains you may own-- with a copy of this offer letter. The letter would include the following: a primer on the power of type-in traffic, vertical industries available for targeting, figures of average visitors in each, criteria for partnership, and a solid qualifying application—all of which I believe I can achieve from my observations and notes of your stated goals combined with a short conversation with you to ask some questions to make sure my understanding is accurate and uncover some metrics and facts you believe might help me ‘sell’ it in print. In addition to writing the letter, if you feel appropriate I would like to serve as an initial qualifying “filter” to protect your time and negotiate with inquiries initially. Upon success of such a test, I would propose broadening the sources of traffic by pointing relevant domains to a vertical-specific version of this partnership offer letter to receive joint venture inquiries that are laser targeted proposals. As proof I can do this, I offer the following experience: I have written a salesletter for a client whose joint venture networking summit has attracted 100-200 attendees each time it has been held at a price point of $1495 (happy to send you a PDF if interested), so I really feel like I understand the JV mindset and value of companies partnering together. Each deal earning more income through the new joint venture than the existing domain asset does via parking would be one more business towards your goal of 100.
2. Active joint venture prospecting: Let me actively target companies offering products and services perfectly matched to the audience visiting select generic domains of yours, and in partnership with you, take on the responsibility to solicit ideally suited operating businesses that have solid prospect-to-sale conversion track records, negotiate with them, and close revenue-sharing deals. For example, if you told me that you’ve always felt a set of specific domains in your portfolio with significant regular traffic could earn much more income-- but actively pursuing another monetization opportunity is not compatible with your existing lifestyle or time limitations-- give me a chance to create a monetization joint venture on your behalf for each. As proof I can do this, I offer the following experience: I have successfully negotiated a number of lucrative joint venture deals in real estate, information affiliate marketing, and others (albeit admittedly none so significant yet as some of yours). I believe an easy and quick testing roll-out of this idea could be accomplished with minimal time investment on your part simply by your providing me with verbal authorization to represent 5-8 of your existing domain portfolio, with you of course as the final say on any deals struck. Upon success of such a test, I would propose allowing me to recruit a team of other such active joint venture prospectors. Each deal earning more income through the new joint venture than the existing domain asset does via parking would be one more business towards your goal of 100.
3. Joint venture & advertising commission sales team: Upon success of #1 and #2, let me recruit, train, motivate and manage a commission-only sales force who would operate a telephone sales effort responsible for actively presenting your domain name portfolio partnership and advertising options to strike revenue-sharing JV deals and/or sell advertising on your behalf. As proof I can do this, I offer the following experience: my real estate business partners and I have received to date over 1100 applications to work for free in our apprenticeship program at MMMChallenge.com. This was managed with resources, influence and opportunities that are small in comparison to yours; thus, I am confident recruiting a quality group of salespeople on your behalf can be managed without a great deal of input from you. Each joint venture deal created would be one more business towards your goal of 100.
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