Less than Genuine Deals in the Domain Industry, Propaganda, and Bloggers Role in it

Morning Folks!!

What I will describe is nothing new. Been with us since the first shill bid at an auction. But what you are about to see will make even shills turn red. Company wide shills. Fakers.

We all do our best to get a running start when starting a new business. But when does a running start touch fraud? Or at the least misleading folks into believing something is more successful than it really is? In the domain industry seems way too often. And with what is coming, they may all do it to SURVIVE.

So these are prearranged deals with "Friends" and "Associates" and others that are FAKE. That are NOT an arm's length deal. That are simply to put out there to FOOL you. I guess it is not up to me to point out each case. Why should I take the risk? But I will do this so that you will be on alert. Some are going to be desperate and they will have to resort to fake sales to even stay in business.

They will feed bloggers the headlines and they will repeat, repeat, repeat. So the bloggers do THEIR dirty work. Hook, line and sinker.

Which brings me to one of my favorite quotes from Mark Twain. "A lie is halfway round the world before the truth has got its boots on."

So lies spread fast while the truth sometimes has to be searched for. And they use domain bloggers to spread their lies.

Does the blogger have any responsibility in this? Interesting question and there will be interesting answers. I know they just want to "Play nice". But where exactly is the line?

Don't be a victim. At this stage most of you should be sophisticated enough to spot this crap. They play on your emotions and fears and dreams. Just be on the look out and separate the genuine from the fake. How do you know. Don't believe 99.99% of the BS you hear. Maybe a couple will be caught red-handed and will discourage others.

I am a numbers guy. I can spot BS numbers a mile away. The propaganda whores are going to be at full strength within the year. Fake deals, fake headlines, fake success and using unwitting bloggers and others looking for new content to drive the getaway car.

Rick Schwartz

What Elements Make an Everyday Item have GREAT Value? Become a Collectible? An Investment?

Morning Folks!!

If you were to study the markets for antiques and collectibles you would certainly see the domain market quite differently. If you understood these industries you might understand how I see things. Something that is rare MAY have value. But something that became rare usually once had tons of that item all over the place and they slowly disappeared until the realization they were virtually gone. They become from everyday to rare and THAT is where value and growth comes from. DEMAND. Demand and limited availability causes prices to rise. This phenomenon is not controllable for the most part unless you are De Beers.

This clusterf*ck that ICANN is in charge of and the delays show how poorly thought out this entire mess is. Delays are very costly to those with new extensions. The meter is ticking and the overhead is accelerating and not a DIME is coming in. But what does ICANN care? They ain't De Beers.

And what happens when for many this is the bridge to nowhere other than collapse? How does one collapse figure into the other extensions? That will be a factor. What happens when an extension collapses? Nobody can say there will be no fallout because we just don't know.

What we do know is there will be consolidation as we already see. Some registries will make a profit. But what EXACTLY does that have to do with DOMAIN INVESTING?? Collecting maybe. But investing?

And for every successful .whatever there will be a .com counterpart swallowing up possibly a MAJORITY of their traffic and business. So I am looking forward to all this cuz I see nothing but great things because of where I am positioned. Where you are positioned. We have nothing to worry about. The poor schmuck that tries to build his empire on sand may have something to worry about.

The world is about sales and if I were to have come 18 years ago with the sole purpose of flipping for a profit, I would have been SOL pretty quickly. Markets and demand have to develop. This is like watching 1900 new hula-hoops coming to market. Instead of round they will try square and triangular. They will copy the greatest success of all time and repeat it 1900 times and everyone will become rich!

Not so fast.

Does not work quite like that.

And of course you will hear some BS releases about manufactured deals less than arm lengths deals and then some will swallow the bait. I have an entire post coming just for that.

Many domainers focus on a smaller and smaller subset of less and less targeted groups of people with lower and lower  spending power and wonder why they make no money. I just think that is a poor formula with unneeded and unwanted limits.

I PRAY one of these 1900 will break out and we have the chance for a replay. But to be honest. I think the next big extension is one that has already been around for a very long time. That extension will just get a second look because next to most of the .crap that is coming out, they look pretty damn good.

If we were in Vegas, the odds makers would not give you very encouraging numbers. The odds of success if just ONE net gTLD came to market is watered down 1900 times with 1900 different directions. And 1900 companies with many sets of problems and some will go broke. Eventually you run out of other people's money. Eventually lots of things happen as failure is exposed.

Point is, study what has become valuable in the past and you will find out what a DUD looks like. There are missing elements here. It's almost folly. Now I will exclude .Brands. They can have use but it is just that a USE! Their MAIN ADDRESS will still be Brand.com. The front door. The main Entrance. The door that can still lead to all others. Including .Brand but with few or no roads to .whatever.

Rick Schwartz

 

Confustion Factor 50 And Extra Ad Costs and Profit Losses

Morning folks!!

The "Confusion Factor" that is coming has a dollar and cents cost. Or Dollars and SENSE!

So let's draw a line in the sand where transformation to an Ortrich occurs. (There goes Rick with another bird)

Yup, that's right. Those that think there is NO EXTRA COSTS in promoting, marketing, branding, etc for .whatever are Ostrich's with their heads in the sand.

So The ONLY discussion is the percentage. The FACTOR!

Now if we go by Mr. Johnson with Overstock, you will see that would be a factor of 61%.

Well Rick, what does that mean?

Well for a simpleton like me it means that your advertising costs are actual cost multiplied by a 61% invisible tax. Because 61% of the folks went to the wrong place. So it costs more to get the same traffic when 61% get LOST or confused.

Now in time (assuming a company survives that long) you can cut that number by half. So now the invisible tax is only 30%.

But that factor does not stop there because there are other factors at play.

Where did that 61% go?

Well if you have a competitor at the .com, he is a happy camper because his ad costs just went down by as much as 61%. So not only are you feeding your competitor, you are giving him great leverage and buying power at YOUR expense. You are helping him grow. Helping him find better help and able to pay more to keep that help. You are basically doing one of the stupidest things I have ever seen in all the years I have been in business. And ignoring over a DECADE of evidence.

Don't be an Ostrich!

But I am thrilled many disagree. I wish them great success on whatever counterpart of my or your .com they choose to build their empire. They will each empower me/you and that factors in to the equation. Factors. There is more. This only touches the most visible elements.

Content will determine success. After 20 years folks are more sophisticated. I will admit that the extension will have little to do to deter folks from doing business with you if and when they actually find you. Attention spans are very short. If you are willing to have you competitor sitting at your front door and greeting each person before you do and in many cases diverting them to his store, then one of us is missing something. Likely you and your customer if you are an end-user.

I could write about this all day long because there are so many pitfalls and great opportunities to profit from idiocy. That is even before we talk about just how undervalued domains still are. When they rise to par with the prominence and prestige of a real world counterpart, you will see an explosion in prices. I believe gTLD's are the gun powder for that explosion. The "Confusion Factor" will be the fuel for that explosion. Patience is still the key ingredient.

Any business that has a GAPING 61% leak will either RETHINK their strategy like Overstock.com with Overstsock.co and Wantable.com  with wantable.co or GO OUT OF BUSINESS! No entity can survive a 61% loss. No entity could survive a 50% loss. No entity could survive a 40% loss and few could survive a 30% loss. And if you are a happy camper because you only lose 25% of all your traffic and all your business and pay 25% more for advertising, then you too will soon be out of business or WORKING FOR FREE FOR YOUR COMPETITION!

Overstock.com FIXED their problem the day that they stopped promoting Overstock.co.

Wantable.co FIXED their problem the day they acquired Wantable.com.

End users can fix their problem before there is a problem by understanding what the "Confusion Factor" is and why it should be avoided. The BEST and maybe ONLY way to get on a .whatever and succeed is to own the .com because then at least your leak factor is ZERO because you leak to yourself and not your competition.

Now there will be HUNDREDS of .whatevers that will disagree. Their employees will disagree. So the NOISE is about to be overwhelming and while many will try to discredit me, they will be discrediting themselves as the EVIDENCE mounts.

Rick Schwartz

 

 

2 Years Since First Contact About SaveMe.com

Morning Folks!!

2 years and HUNDREDS of THOUSANDS of potential customers ago (August 2011) I had my first contact with the infamous Poster Boy, Márcio Mello Chaves.

7 months later I am served with a WIPO action.

So here is THE blast from the past that articulates how this will all unfold before it actually did.

My friend never asked himself the single most important question. "What is the value of a new customer?"

Since it has been my experience that a bounty of $3-$5/per new lead is paid, then I can estimate just how much this POOR decision not to engage me on a business level has cost his company. Plus the loss of time and growth.  And of course some may read the story and conclude there are other companies to do business with. DUH!!!

See I am about SALES and this was his single biggest, NON ENDING, reservoir of new customers for him anywhere in the world and he poisoned that well because instead of getting NEW customers, saveme.com just tells the CONCLUSION of a FAMED REVERSE DOMAIN NAME HIJACKER and then the chips fall where they may. That is the risk a REVERSE DOMAIN NAME HIJACKER (RDNH) takes. The fallout is never ending.

But it all started with this post in March 2012:

http://www.ricksblog.com/2012/03/marcio-mello-chaves-is-a-wolf-in-sheeps-clothing-and-i-am-going-to-make-him-famous/

Decision with this post in June 2012:

http://www.ricksblog.com/2012/06/marcio-mello-chaves-labled-a-reverse-domain-hijacker-in-savemecom-case/

And won't even end with this post today. It lives on because Saveme.com is the lightning rod that protects other domains. And that has GREAT value!

And while Márcio Mello Chaves has never contacted me since the decision, I am hopeful that one day saveme.com can become a profitable domain again. But until then, it serves a much bigger purpose!

Rick Schwartz

 

The Best and the Brightest are Fewer

Morning Folks!!

What happens when a society fills all their employment positions with less than qualified people?

What happens when a 45-year-old High School dropout has more knowledge than the grad with a degree or 2?

What happens when one know nothing teaches another know nothing and certifies them as qualified?

What happens in a dumbed down society in the face of other societies that are not dumbed down?

I don't have the answers today. I just have the questions based on what I am seeing.

The race to mediocrity.

Rick Schwartz

Is THAT Really Charity??

Morning Folks!!

We each have our ways of being charitable. To me, sharing what I have learned along the way is the way I give back. Personally I think it trumps dollars. Investing ones time is about as charitable as you can get. Others are directly involved with animal rescues and such.

To me it starts and ends with the old saying that goes something like this...."If you give a man a fish you feed him for a day. If you teach a man to fish you feed him for a lifetime."

But it goes deeper than that. Those that give fish for the day and doing it over and over again are not being charitable. In fact they are doing great harm. They would be better off eating it themselves then to do harm. If you were feeding some marine life or wild animals you could be fined. Why? Because it does harm.

Here is just one such example:

"Most people mean well and probably believe that they are helping wild animals by tossing them their snacks," said Ron Velarde, northwest regional manager for Colorado Parks and Wildife. "However, they are in fact causing more harm than good and we will do what we can to educate the public and discourage the practice, including issuing citations."

So make sure you are actually doing good instead of just feeling good.

Sometimes money is a shortcut. But it is just that. A shortcut.

So I just want to show you that some charity is not really charity at all. Where do you draw the line between charity and enabling? Enabling a negative result and not a positive result. You may be doing harm when you believe you are doing good. If you were to discover that, would you not want to change that?

The oldest law of man and animal that trumps all others is "Survival of the Fittest". We do what we can to help the less fortunate survive. That is also a very old law of man and animal.

Of course the worst is being scammed by some entity disguised as a charity. So I really have a hard time giving $$$ to a middleman with overhead when I can go direct and be more hands on. I think it was United at one time that took 90% of the $$$ and said it was for "Administrative Costs".  That changed the way people gave and chose a charity. If you give, you want to be certain it goes to the effort you choose. Today, United gives 90% and costs are 10%.

Point is, make sure your charity is going to the intended recipient or better yet, deliver charity yourself. In person. With a smile. YOUR TIME is the ultimate giving no matter which charity floats your boat.

:-)

Have a GREAT Day!

Rick Schwartz

Consuela, LLC represented by Erik Paul Belt of McCarter English, LLP, MA, USA, GUILTY, Reverse Domain Name Hijacking of Consuela.com

Morning Folks!!

Another great day for domainers!

Guys, your NAMES are in Lights!! Congrats! Way to go! Proud???

Hey Morons, it's called capitalism! If you want something you PAY for it you don't try and abuse the systems so you can STEAL it. So now you have to live with the consequences of you being labled a "Reverse Domain Name Hijacker" forever.

Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA.  Live with it!! Hope you are PROUD! You are now case #44 below.

I will repost the following post each and every time there is a Reverse Domain Name Hijacking Decision. The best thing domain owners can do is Tweet, Like, Post and/or Share. So just don't sit there! You CAN do something to circulate these offenders. So do it! That's REAL SEO! I need your HELP. I can't do this alone. Charity starts at home and that means protecting what is yours. 

Want to stop RDNH and get the $$$ instead of a NAF or WIPO action? THIS is the way to start. Someday there WILL be a legal and CRIMINAL penalty but until then there IS a social penalty if YOU CHOOSE. And believe me, the social penalty is MUCH more severe than a fine that can be easily absorbed and forgotten about. This is PERMANENT! THEY have to live with the social consequences of their actions. The best thing you can do is Tweet, Like and/or Share instead of throwing your hands up in the air and doing NOTHING! Doing nothing is what these little pricks count on! Let them know! I can only do so much and I need your help to DEFEAT this practice.

Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com

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

Here is the current list I have of RDNH cases with our newest inductee. 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 43 such cases so far of RDNH and this resource has 129 or more. 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. "

Case #43 Complainant is Aptus Tech LLC (“Complainant”), represented by Max Moskowitz, of Ostrolenk Faber LLP, New York, USA.  Respondent is Name Administration Inc. (BVI)(“Respondent”), represented by John Berryhill, Pennsylvania, USA

Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, has now been found GUILTY of Reverse Domain Name Hijacking. (RDNH)

"In this case, the evidence indicates that Complainant clearly knew that the disputed domain name was registered many years before it could establish rights in the KLIPZ mark and, thus, that it would not be able to establish that the disputed domain name was registered in bad faith, which is one of elements one must establish in order to prevail under the Policy."

Case #44 Consuela, LLC  represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com Respondent is Alberta Hot Rods (“Respondent”), represented by Ari Goldberger of Esqwire.com Law Firm, New Jersey, USA.

"According to the majority of the Panel, not only did the Complainant present its Complaint when it was obvious that it could not succeed, it actually pressed its case by submitting an Additional Submission which did not address the key issue raised by the Respondent.  The Complainant thus harassed the Respondent by pursing the Complaint after the Complainant knew it to be insupportable.

A minority of the Panel is of the view that reverse domain name hijacking should not be found without evidence of some knowing effort to seize someone else's intellectual property.  However, the minority accepts the majority’s view.

Consequently, the Panel finds that the Complaint was submitted in an attempt to the hijack the Respondent’s domain name."

 

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

 

Are you a Domain Wallflower or Are You IN the Domain Game?

Morning Folks!!

Many folks are wallflowers that sit on the sidelines and then they wonder why this and why that. I wonder wtf they are doing on the sidelines to begin with? The rate of unemployment is irrelevant when there is more opportunity today than at any point in the history of the world. Can you even get your heads around that?

I know these folks are charming, dress well and can talk smack. I know they can point and criticize. I know they can complain. I know they can be bitter. I know they can blame. I know they don't want to be where they are at but guess who is responsible for that?

They don't believe in opportunity or seizing it or making hay when the sun shines or Murphy's Law.

Profit is a dirty word. Sales are a foreign word. Start-up may be another name for looking for a paycheck.

Maybe it is time to get off their ass. Get out of their comfort zone. Do something different. Stop looking for other people's money and start making some of their own. How? Sales, Profit and something folks NEED, WANT and DESIRE.

Then again maybe they just won't. Because the best predictor of today and tomorrow is still yesterday. So wallow away wallflower. But if you want to get in the game, start by stopping and thinking of a long-term strategy that you can repeat over and over and over again.

Some folks exercise in the morning to get things going. I like to ruffle a few feathers and that gets me going! Why? Nothing happens until you get out of your daily comfort zone.

Have a GREAT Day!

Rick Schwartz

Not All Innovation Works Well. Yuck Yuck!! LOL!!

Afternoon Folks!!

Sometimes old things just work better than the new fangled counterpart. If you don't know the difference.......This will help you. 38 seconds to a very good LOL.

:-)

Rick Schwartz

Domain Industry FIRE SALE!!?? What Happened to Domaining and Investing?

Morning Folks!!

As I look around I think it is kind of sad that the domain industry itself has moved from an investment and development outlook to one that squarely focuses on selling. In many cases there are fire sales going on. Desperation has set in. You could see it coming 5 years away, but it is set in now. When your expenses are more than your income and the nest egg is gone or even low, then sell, sell, sell. Fast, fast, fast.

Just as I see the turnaround there are many that are stretched thin and making it to the other side is questionable. Believe me, I know what it is to have bills piled up and no dollars to pay. Been there. Done that. Got the t-shirt and learned what it was all about. So when I saw this one coming I prepared. I know it is still not over but the good times are in sight. Not years away. WEEKS away. Months away. Here. Now.

So folks can laugh at my 20 year plan. But think, just 10 years ago how much was different. In those days Microsoft and Intel led the way and set the pace. Well today those are not the first companies I think about when you think of forward leaning companies. I think of companies not even here 10 years ago or companies like Apple that were in trouble.  Google, Facebook, Twitter, Linkedin and a dozen others. Look at all the new companies in the past 10 years.

So  by the time the 2016 elections come, I will have made it to the 20 year mark and at that time you will see an entirely different looking Domain Industry. One that is aggressive again. Domains are like gold. When gold is going down, people sell. But there are also people there to BUY. The only difference is their horizon and time frame may be different from yours. Circumstance is key.

I see domaining as 2 piles. One filled with gold and one filled with tin. It takes no more effort and no more dollars to choose the gold. I say that because I often see worthless domains selling for the same or more than a domain with obvious value. To me it is just the clueless selling to each other and one gets stuck holding the bag. Tulips, that is all they are. Tulips.

The domain industry reminds me of the commercial a few years back where a guy buys a piece of art for like $50,000 at a live auction and the moment he buys it he tries to have it re-auctioned to the same audience. DUH! Sounds like many domainers.

Point is desperation is selling into a soft market making it softer. But it has little to do with domains and more to do with the financial condition of the domainer. The fear of the domainer. The uncertainty of the domainer. The uncertainly of the quality of the domains. Portfolios that are almost all getting smaller as domainers prune domains without value from their collections.

Ever been in a blizzard? How about a hurricane? The worst part of the storm usually hits just before the storm is over. It is when it is most intense. But that intensity is limited in time. Once it passes, it is over. Done with! Conditions change and improve incredibly fast.

20 years? Think of it as 20,000 feet. Imagine my view at 20,000 feet to see an overall picture compared to those at ground level. I can see and spot things that are  impossible for those on the ground to see. I see mountains and valleys and seas and deserts. I see a timeline for each. I see trails and dead ends and all the rest. So I chose to have this view. But I also have the ability to put myself on the ground and see and understand the mood and what is going on.

So while others are sometimes ready to throw in the towel, I am here to tell you that the first 20 years are spring training. These years are merely the building blocks to the future. Shifting from one era to another. Industrial to Technological to Informational and whatever is next or is already in motion and maybe already here.

It's never too late to start over ARMED with new knowledge. Imagine just starting over today. Make one great buy today. Oh yes, I know you are focused on selling, but if you started over today, you would have to start with buying. Even if it is buying time. Having an option on a domain. There are so many creative ways to do things with or without dollars. That is why I always say the first purchase is your most important. Do that for 365 days, start over each of those 365 days and I bet you change your destiny.

If you had dirty undrinkable water would you keep that or look to dump it and replace with clean fresh water that is drinkable? Sorry, you can't sell that dirty water. It is either worthless or is very low value water. It can easily be replaced. Don't worry about selling it. Dump it! Why waste your time and energy? Just dump it and focus on refilling with fresh water. You will die of thirst holding on to that worthless dirty water. Dump it out and start again.

Let's be clear. There is an INFINITE amount of worthless domain names. Infinite! On any extension. Infinite! However investment quality domains are limited. Huge, but limited. Many domainers have the worthless domain market cornered and they are going broke.

If your domains are solid, overreacting is your single biggest enemy. Hence, what goes on for the first 20 years is the BIG YAWN! Don't take it too seriously. Don't react because tin horns are feeling the pain of the reality they are now facing and the decisions THEY are forced to make. Worthless has a COST!

Have a GREAT Day!

Rick Schwartz