The Rick Schwartz Domain Name and Traffic Blog: RicksBlog.com – Home of The Domain King®

Morning Folks!!

It's not much more than 60 days to T.R.A.F.F.I.C. and that is when my attention begins to focus on setting up the agenda. I don't do it alone. I reach out to all domainers and ask them constantly what they want to hear about? What issues are important to them? Who do they want to hear from? What discussions will help them expand their business? How are they going to make money in the future?

Many of us were 100% reliant on parking a few years back. When the bottom fell out, domainers went to work in new directions with new ventures. They just not sit and do nothing. I know personally I went from 100% of my income to now less than 1/2. It did not happen overnight. It took 4 years and then some. I am not done and you are not done.

As we begin to focus on individual domains our needs are going to change. Our direction is going to change. It is the reason we have always referred to ourselves as 'Developers' because that was where the road was eventually going to lead to.

With those thoughts in mind I am happy to begin to announce some of our speakers. Today, I am happy to report that Michael Ricciardelli of Bankrate.com will be speaking at T.R.A.F.F.I.C. 2012.

Michael Ricciardelli was appointed SVP, Business Development and Consumer Marketing after joining Bankrate in September 2006. Prior to joining Bankrate, he was Vice President - Marketing & Media Sales at Apartments.com/Classified Ventures where he managed all marketing functions and online advertising sales efforts. From 1999 to 2003, he was Co-Founder & Vice President of Strategic Development for Insurance.com - venture funded by Fidelity Capital and sold in 2003 to Comparison Market. Earlier in his career, Mr. Ricciardelli also held positions in strategy consulting and business development at Fidelity Investments, and financial analysis at Salomon Brothers.

I think Michael has the credentials of somebody that can speak intelligently to our group and help us define and understand the elements needed for a great success with just one domain name in your portfolio. Guys like this are the hardest to get because the pool is so very limited of people that actually know what they are talking about. So it is never from a lack of desire.

I want to thank Alan Dunn for the lead and I ask all of you to think if you know anyone that fits the criteria we are looking for. That YOU are looking for. Together we have long tentacles and I think it is time to take advantage of those folks that you have crossed paths with or heard about. All I need is an email addy and a name and I will do the rest.

I don't think anyone can argue that the Domain Industry is at a cross roads. There is a new shiny object out there in the form of gTLD's and everyone is looking. We will too. We will listen to what domainers see and don't see. But we can't ignore the FACT that we as a group have more information and knowledge about domain names than anyone. We know answers to questions many have yet to think of. That has great value. We'll kick that ball around and see if any minds are changed.

And what is the fallout if consumer does not buy into it? What happens to all those that took the wrong fork in the road trying to invent the 'Second coming'? I'll tell you. They will end up in our laps. It will be for the consumer to decide but the ONLY thing that is going to truly motivate him/her to go there willingly is new and different content that can't be found anywhere else. So far nobody has been able to do that. Name your DOT. That is even before we address the issue of confusion which is an even bigger issue. Folks fear the unknown. So to take the fear out, information is the cure.

Many domainers are downright confused themselves let alone the consumer. They are questioning each decision they make like never before. Sales are forced. A deep breath and recharge at TRAFFIC is exactly what is needed to take the confusion away and add clarity by finding out the answers to your questions. Do business from strength, not weakness. Weakness costs 100x what TRAFFIC costs and can easily be spotted.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

I said in my July 4th post that I could clearly see where we are going now. If you compare that to my posts of 2008 and 2009 then you will see we have come a very long way. Clarity! While the fog is very real for many, I only see clarity coming.

But clarity does not mean life and business without turmoil and challenge. Clarity simply means you understand the turmoil and how it will come out, when it will lift and what the fallout might be. While others focus on one point in time or even yesterday, focusing on a period of time after that is much more meaningful and useful. So that is why I would call this summer the eye of the storm. Things are quiet on one side, but percolating on the other side with the ammunition and mood to explode at any moment. A very quite and tense situation worldwide.

This recession or downturn is different than any other in history because while folks may not have a steady job and thus no steady income, they do have income. That is much different than the recession of the 1970's or the depression when folks did not have any income whatsoever.

Poverty today does not look like poverty in the 1950's and 1960's. Without seeing that and understanding that, then you are dependent on the media and they have their own agendas. They have 'Dumbed down the news' on broadcast TV. They don't paint an accurate picture of where we are. Lindsay Lohan leads the news.

In the 1970's my dad was in his 60's and unemployed. I was in high school. One of my brothers just got out of college and looking for a job. The 4 of us lived in a 21ft trailer in Van Nuys, California. I took my showers in the mobile home park bathroom. I had no car. I had what I was wearing and my heart ached for my friends in New Hampshire.

I got a job a Taco Bell and learned how to make Taco Shells. And then refried beans. And then work at the counter. And that was after being rejected by Jack in the Box, McDonald's, Norms. I guess I was either too stupid to know how bad it was or I was too scared of life not getting better that motivated me. I also knew I wasn't going to get many dates without a little coin.

A computer, cell phone and a strong desire to succeed along with a work ethic that understands 18 hour days and 2 or 3 jobs is the way to vault over the masses that REFUSE to do that TODAY. Work creates self esteem and self esteem makes you want to do better and better and better. Mediorce or excellent?! Or CREATE your own path with those 2 tools that no other generation was fortunate enough to have or even dream of. Star Trek shit and folks still wallow in self pity!

That does not mean it is not tough out there. So what?? A REAL job is almost never advertised. You got to go in and get it! Create it!

There is no neon sign for opportunity. You have to learn to recognize opportunity when it crosses your path. It is invisible!! Train yourself to see the invisible. To pick out opportunity when it is there. That is what every successful person does. Period! And many create their own opportunity. But if you are not doing well and playing video games, time to toss the games!

Folks make a living of excusing failure. We spend more per capita in the USA per student than any country in the world and we are not even in the top 20 worldwide. That's a crime! That means something is broken. I don't want small classes of 30. I want large classes of 30 million. I would rather see the Steve Jobs of the world teaching those 30 million something of great value compared to somebody less qualified teaching 30 and hiring 1 million of them. One costs 1 MILLION times as much and gets a fraction of the result. DUH!!

Sorry, but I see a recession of minds and attitudes and dependence and integrity. I don't see a recession of opportunity.

Capitalism is on trial. Or so some think. But Capitalism will sustain an overwhelming win over dependence. Overwhelming! And when that event happens or perceived to have happened, then an avalanche of business will be unleashed. Scared money will make a 180 degree turn around.

I could point to many things to support my argument but I don't want to go all political. All I will venture to say is that I believe Romney will win by an 'electoral' landslide, the Senate will flip and the House will not look much different then it does now. A new course will be set and it won't look like the last administration or this one. If you don't agree with me, fine, but I guess we can look back at this prediction come November.

But between now and then, some of the most volatile months you have ever seen may be in store for us and will likely carry on into next year before it finally calms down and we begin to get on track. Nothing happens overnight but there will be a point that things will turn. If you wait for that point, you are already way behind. Anticipating when we hit that point is the way to score and score big. Get it wrong, it could be costly. Hope we get through London without major incident.

In times like this I look for a parallel in history and I have found one. Actually several. And in the few years I have been following these parallels, they have only gotten more intense. I guess that is only if we survive 2012.

The best news that I hope and expect will emerge is that sales and profits will once again be in vogue. Sales will be the driving force. Finally!! Profits will be paramount. Finally!! And that is why important and meaningful domain names will emerge as perhaps the #1 investment asset in the world. It's rightful and long awaited place! The foundation and brand of every future business.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

What I write on my blog is only half of the story. You, the commenter, provide the other half. I open up an issue and you close the issue. I bring up a few points and you folks fill in the rest of the points. I have a good pulse on things because I ask many people and get a wide array of feedback. Sometimes I play devils advocate.

So what are the issues that face you in the next 12-18 months? Today? Tomorrow? What are your challenges? What are your progress points? What does the gTLD's mean to you if anything? Are you in the black? Are you tapping into your savings?

I read that folks have lost 40% of their net worh since the recession began. Of course that becomes relative. If you are just starting out you are likely bucking the trend. If you have been out there for decades, then you may fall into this group.

What blows me away about this recession is I don't believe it is a recession at all. I see jobs with nobody smart enough or talented enough to fill them. I see jobs that are beneath students. (Sorry in my book, no such thing) Substitute 'Lazy' because while they think the job is beneath them, they don't realize that the experience they get they don't have to pay for and they can draw on those experiences long after they left that job and employ them in future positions. And they get paid for it!

What's the problem? Well they have to learn to show up. They have to be disciplined to get themselves there on time. They actually have to work with others and if they are a fuck up, they are gonna toss their ass out the door no matter how cool they are. Don't carry their weight? They will throw them out on their ass! Not the boss, the 19 year old coworkers that have to deal with it and do their job as well as theirs. I can't tell you how many 'Jocks' I have seen crying as their peers toss them out of a restaurant kitchen.

Sales are what drives everything and since the focus is not sales these days, that becomes the problem. Few understand or know how to sell. The art of selling. CEO's used to be the best salesman. Today it is the best accountant or lawyer or something else unrelated to sales. Sales are the top of the pyramid. Nothing in this world happens until a sale is made. I must have said that 20 times on this blog though the years. So I have to laugh at 'Start-ups' because their eye is almost never on sales and almost always on getting money. But with no sales, you are just supporting the guys that refuse to work for McDonald's. 21st century panhandling?

The real reason a company should be looking for money is because they can't fill the orders fast enough. Because they can't grow fast enough. Because SALES is pushing them. Because they need to expand and grow and make more money. They are already profitable and can't plow the money back into the business fast enough.

Today startups start with ZERO SALES! That ain't no startup, that's a personal charity.

Sorry for the ramble and rant. One thought just led to another and here we are. So what's your rant today? How do you see it? How does the overall mood play into your business?

Have a GREAT Day!

Rick Schwartz

Morning Folks!

Since the day I met Howard I have said that there would be a test case come along that we would have to win and set a standard that would serve to protect all other domains. That was 1999.

When I got this action on saveme.com, I knew that day had come. I knew instantly that this is where we would make our stand and this was the battle we wanted to fight. It was as much a gift as it was a fight.

This is one of the sweetest business accomplishments I have ever been involved in. The satisfaction of having somebody a world away GUILTY of Reverse Domain Name Hijacking! Trying to abuse the system to get what they wanted. Somebody that was warned about peeing on the electric fence and now the decision has been executed exactly as I wrote about when they still had a chance to reconsider.

To me this is just the start of this episode. The start of an era where companies, lawyers and others have FAIR WARNING that if they CHOOSE to go down this path, they too will be found GUILTY of REVERSE DOMAIN NAME HIJACKING just like Márcio Mello Chaves, aka Márcio Chaves, Marcio Chaves and his brother Heitor.

THEY will have to deal with the fallout and the stigma of being found guilty of an attempted hijacking for the rest of their lives as will their firm Almeida Advogados, Brazil. They had ample time and warning but instead pressed forward and NOW…..DEAL WITH IT! Deal with me NEVER letting anyone forget. It will be known and circulated far and wide. It will be used to set an example and a standard. The bigger your company is, the more you worry. The more you have to lose. The more the MEDIA will be interested. Should you abuse the system to try and STEAL what does not belong to you, BE PREPARED. Seize something through a system designed to protect legitimate rights by abuse, and you can do serious and permanent damage to your company and brand. If that happens, blame yourselves as this should be your warning shot.

I would like to hear a clear statement by Almeida Advogados, Brazil now that they have been informed that one of their lawyers has engaged and found guilty in this abuse of Reverse Domain Name Hijacking. Is it ok? Did you encourage or discourage this hijacking? What is the position of your firm on this matter and will you be engaging in this practice in the future? These are legitimate questions going forward that should have some clear answers or we just will come to our own conclusions. Will Almeida Advogados, Brazil, ever be a party to Reverse Domain Name Hijacking again? We will watch and see if this was just an isolated incident or something more.

I will fight to make this practice a crime with penalties. But until then, THIS is the way and the method to shine the light of day in this practice and make these cockroaches know it’s over. Sometimes you just need to scream bloody murder to get people to pay attention and understand just how widespread and disgusting this is. I was not the first to get a RDNH decision, I won't be the last, but I guarantee nobody else has used this GIFT in the dramatic way I will be using it.

The MAIN reason we got the Reverse Domain Name Hijacking (RDNH) decision is we sought it. We fought for it. Howard was clear and I was clear that anything less would be “The agony of defeat.” Just a win without the RDNH finding to ME would have been a loss. Not a loss, but a great loss. One of the top 5 losses in my entire business life. But a victory here would be a huge achievement personally and one I could share with everyone else that owns a domain name.

As I do my research, it is not often that WIPO uses the phrase “Reverse Domain Name Hijacking”. As far as I can see so far in my research, just several dozen at most. Most stop short at “Abuse”. Many because they just did not go for the RDNH in their response. Some would have won had they asked.

Nat Cohn has published a blog post and comprehensive list at
http://www.domainarts.com/2012/06/18/why-reverse-domain-name-hijacking-needs-to-be-a-real-penalty-and-the-most-comprehensive-list-of-rdnh-cases/

I think what will become more important than the actual cases are the parties that were found guilty and the firms they worked for and the companies they represented. I want to plaster those names all over the Internet with every opportunity I get. And should ANYONE be on that list more than once, they will be used alongside our poster boy!

Sure, it cost thousands to defend and I have lost thousands in lost revenue over the past few months. But that is the cost of doing business and I will get the money back by having this decision on record forever. THIS is my insurance policy for the next CLOWN! For the next would be HIJACKER. This is a vaccination shot that not only I can use but you can use. Don’t ever let it happen to you again when you have done nothing wrong and have not infringed on anyone’s mark whether existent or imagined.

I did not look for this fight. I did not want this fight. But when met with the reality and gravity of what was at stake for me, you and all, this HAD to be a fight to the death. The jugular. Without mercy. And not always in the best of taste. But that is how I do battle. That may not be your style and I respect that but that is MY style and it works for me. Results and everything else. Results that you can point to and promises I can keep. War ain’t pretty!! Rules go out the window when you are under assault. Our livelihood was under assault and the only option was victory and to be on record BEFORE hand so that I could carry out now.

I am not even sure if they understand the fallout to come that they caused. It could be torture. Not at my hands but at their own hands That is what gives me a license to do this. This is what gives me the credibility to carry out what I promised. My only mission is to spread the word about what happened. Ooops, not so good for these clowns. Each day that passes will get a little worse. The results for them and their antics will be known to all men.

But I still have what they want. I doubt their ego will ever allow them to reach out to me. They could still figure out a formula to rehabilitate their image. Maybe coming out and having a guest post here. A Mia Culpa if they choose. I guess we will really find out what they are made of now. I won’t hold my breath, but I do know how to turn a negative into a positive.

The reason I was so hard on these guys is because of the facts involved. Then when I learned that Marcio Chaves actually went to some WIPO Academy and classes that made it exponentially worse because he KNEW what he was doing. He KNEW he was abusing the system. He KNEW that this might be considered Reverse Domain Name Hijacking because he said so in his complaint. So this was no honest mistake made by somebody that over reached. This was a complete abuse of the system and he really should be sanctioned for it. But without that, WE have a responsibility to bring this up when necessary.

And for the next CLOWN, be prepared. I won’t fight in the way you expect. All I know is I will get the end result and all the bullshit in the middle does not count very much. There will be companies that go out of business after they try hijacking a domain they have NO rights to. This is quite different than a legitimate case where there are two sides and a judgment needs to be made. This is an attempted theft and worse. That is why the next guy is warned what is at stake. If they lose, they lose so big that their life will never be the same and there will be nothing they can do to fix that. If will affect more than them and their firms. The stigma will follow them forever. I warned beforehand what would happen and these guys did not heed the warning. Now it has unfolded EXACTLY as I said it would.

Do I feel bad? No way! They were going to change my life and so they were met with a force they never dreamed could be. When I focus on something, it is like a laser cutting through solid steel. The next clown pulling this is going to have it much worse than these guys. I am now armed with many wins and a CLEAR and UNANIMOUS RDNH decision.

Anyone have a graphic of a guy peeing on an electric fence?

The reason this decision was so important was because of the amount of levels and elements involved. Plus I raised the bar very high from the get go because of these things.

1. Can you establish “Bad Faith” from a domain registered in 1996 and a company born in 2010?


2. Can you establish trademark rights without even a trademark?


3. Is it “Bad Faith” when the other party contacts you FIRST to buy a domain name?


4. Is it “Bad Faith” when you blow the other party off as insignificant?


5. Had there been a loss here it would have been open season from all country codes trying to get their .com domain equivalent. It would have been devastating beyond anything we have ever seen because actors like Marcio could have used it in a wholesale manner around the world. Every .com would be in jeopardy.

I was happy to taste the thrill of victory because the agony of defeat would have been more devastating to me than I can even bear to think about. When you are all in emotionally, you are all in! I have taken their #1 weapon away and now we get to use it against them in the way they sought to use it against me.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

Welcome to SaveMe.com readers who are now coming to THIS blog post.

Bem-vindo aos leitores SaveMe.com que agora estão chegando a este blog.

Márcio Mello Chaves, aka Chaves aka Márcio Marcio Chaves foi considerado culpado de nome de domínio Apropriação indébita e má-fé por um painel de pessoa unânime 3 da Organização Mundial da Propriedade Intelectual (OMPI) em Genebra,

Tradução em português abaixo

I wrote this on May 2nd and have hoped I would be able to publish it in this form. I have to have 3 versions of this ready for when the decision comes down but I never was able to physically write the other 2. It would make me ill to even start. If you are reading THIS VERSION, we have reason to celebrate my friends as Marcio Mello Chaves, aka Marcio Chaves of buscape.com.br and saveme.com.br and brother Heitor have been labeled as REVERSE DOMAIN NAME HIJACKERS (RDNH)!! An attempted THEFT by an abuse of the system! Acted in 'Bad Faith.' GUILTY! If they did this in the real world, they would likely stand trial on criminal charges. That won't happen but most of us will agree that what they did was criminal whether acknowledged by the law at this time or not.

Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves has been found GUILTY of REVERSE DOMAIN NAME HIJACKING and BAD FAITH by a unanimous 3 person panel of the World Intellectual Property Organization (WIPO) in Geneva as he represented his brother Heitor Chaves and is now the OFFICIAL POSTER BOYS for Domain Hijacking and this type of attempted domain theft!! I do mean this literally. I will be having posters and banners made up with their images and ignite a worldwide campaign starting at T.R.A.F.F.I.C. Anyone looking these CLOWNS up will find out just what he and his brother Heitor attempted to do and got SPANKED! GUILTY! NEXT!!!!!

MARCIO CHAVES BROTHER HEITOR CHAVES OF BUSCAPE.COM.BR FOUND GUILTY OF REVERSE DOMAIN NAME HIJACKING. THEY WILL WEAR THESE LABELS FOR THE REST OF THEIR LIVES.

Feel free to display and distribute and point to this case when you are getting bullied. Don't take this SHIT from anybody EVER AGAIN! Big or small.

I believe not only is this a big win, but it is as clear and decisive a case of RDNH that has ever been decided. WE get to point to this episode for years to come as we have to deal with more and more predators trying to HIJACK our assets. This will not be the last we hear of this particular SaveMe.com case. This is a building block that will be used by me to protect other domains by creating case law.

I hope this case is used in other defenses and becomes a turning point in how folks approach this type situation. These folks are FRAUDS that tried a scheme that bent the spirit of the UDRP and it backfired on them in the short run and the long run. They have poisoned the well of negotiations and like they say in the old west, 'their money ain't no good around these parts.'

I think folks are beginning to understand that these decisons can affect the entire future of people and the days of terrible decisions will be less and less from this point on. I beleive there will be consequences for those that over reach on all sides. There is some definition that is now becoming visible. There will always be bad decisions, but there will be less of them and many will now go to Federal Court where standards are quite different and all eyes are watching.

You can consider this post and the one to come as 'spiking' the football in the end zone. I don't need to throw an elbow, I just need to shed light on this practice and use these CLOWNS as the vehicle to do it. HIJACKERS! So finds this world panel. Thieves in the social sense that got caught red handed for all their CUSTOMERS to see. In ink forever! NEVER to be trusted again!! That is their sentence! The Internet is about 'Character' and Reputation' and in this medium, they have destroyed both for themselves.

Today we celebrate a great victory. Tomorrow we start using the 2 x 4 with nails (metaphorically speaking) by spreading and circulating this story far and wide. I want to congratulate and thank my partner Howard Neu and all the other lawyers in the space that sent emails and offered their support. This was a huge victory and I can't put in words tonight what it really means. I only know what a loss would have meant and that would have been a very dark day for all. Howard's response was masterful, ballsy and we won BIG!

Since I met Howard in 1999 I told him of this case. I did not know which domain it would be, but I knew the case. I have prepared for years. I have written about it for years. It was only a matter of time and so it was. So these guys brought a knife to a nuclear fight and luckily it came late enough in the game in which panels are weighing things more evenly as so much is at stake!

D. Reverse Domain Name Hijacking

'In this case, the Panel is satisfied that the Complainant’s representatives were well aware of the importance of the chronological issue. The Complainant’s representatives are evidently familiar with the UDRP and both the Complaint and Amended Complaint make extensive reference to previous UDRP decisions. Yet the version of the Complaint originally filed simply ignored the issue of registration in bad faith, labelling the third factor as “Bad Faith In the Domain Name Use”. This must have involved deleting the reference to registration in bad faith from WIPO’s complaint template. After the Centre drew attention to this deficiency, the Complainant filed the Amended Complaint which belatedly addressed the issue of bad faith registration and, for the first time, invoked Octogen, seemingly as an afterthought.

Furthermore, the Complainant even predicted in the Amended Complaint that the Respondent would make an allegation of RDNH and so the Complainant clearly knew that it was skating on very thin ice.

The Complainant argued that RDNH cannot arise because the Complainant has merely sought cancellation of the disputed domain name, not transfer. The Panel disagrees. First, complainants should not be allowed to file cases known to be fatally flawed without the possibility of a finding of RDNH against them, by simply fine tuning the remedy sought. Second, as mentioned above, RDNH is defined as use of the Policy in bad faith “to attempt to deprive” a registrant of a domain name. If the Panel had ordered cancellation, the disputed domain name would in due course return to the domain pool where it would no doubt be subject to the attentions of the Complainant and others, with only a possibility that the Respondent itself might ultimately re-register it (assuming the Respondent sought to do so). Accordingly, the Complainant’s request for cancellation is no less an attempt to deprive the Respondent of the disputed domain name than a request for transfer would have been.

For the above reasons, the Panel finds that there has been RDNH in this case.

7. Decision

For all the foregoing reasons, the Complaint is denied and the Panel declares that it was brought in bad faith and constitutes an abuse of this proceeding.'

The entire decision can be read here.

As you all know I know ZIP about SEO. I contend it is about relevance.

Do a Google search of my friend and watch what happens in the days ahead as HIJACKER is added to the Prefix of his name just like Dr. would be used. The FIRST thing folks will find out about this CLOWN is that World Intellectual Property Organization labled him a HIJACKER of domain names and all the scrubbing in the world won't make it go away:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

As promised on the day this all started:

'Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!'

And how does his Law Firm, Almeida Advogados, Brazil, continue to employ him after this? Shouldn't there at least be some admission of wrong doing?? An apology? An offer to pay my expenses? I won't hold my breath but we will see if they actually condone and encourage REVERSE DOMAIN NAME HIJACKING by their actions. Courage or Coward? Almeida Advogados, Brazil you too have responsibilty and you too will pay dearly if you remain silent. Speak out now or NEVER!

Lastly, I want to thank the panel for a well thought out decision and for not being hoodwinked by the antics of the Chaves Brothers. It took time, courage and a willingness to look at the facts to make that comprehensive decision!

In this area I will be linking to other cases of Reverse Domain Name Hijacking as WE find them:

SaveMe.com

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment against GOFORIT 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 Haggenstrasse 45, 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 Trailblazer Learning, Inc. represented by Brett W, Caledonia, Michigan 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 the City 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'.

All of these companies will be 'Recognized' at T.R.A.F.F.I.C. They are going to rue the day they decided to engage in hijacking. 1000x worse than being called a cybersquatter. The tables have been turned. Deal with it!

Buscape.com.br SaveMe.com.br (2012-2013) Poster Company for RDNH) represented by Marcio Chaves of Almeida Advogados, Brazil

Congrats Guys! You have all been tagged as HIJACKERS!! You will never rid yourselves of this title and it will follow these companies, people around for a very long time. This is the beginning of the end for this disgusting practice you PRICKS. Explin to your associates, clients, family memebers and neighbors. Blame YOURSELVES not ME!

And let's not forget the Goofoff.com case and these CLOWNS! and what they tied to pull.

Here are all related posts I have made on these DOMAIN NAME HIJACKERS. The first step in the next phase is to assemble EVERY case of RDNH and list them HERE!!

Post #1

Post #2

Post #3

Post #4

Post #5

Post #6

The reason this was such an important landmark win is because of the clarity of the facts. Had this decision gone the other way, we all know the very foundation of legitimate rights to domain names would have been threatened. The domain aftermarket would have been under a cloud. The entire capitalistic basis and foundation that every single domain owner has would have been in jeopardy and ripe for the predators. Now they have been warned of what will happen when you engage in this activity. It will have consequences you, your family, your colleagues will have to explain and deal with forever.

Have a GREAT Day!

Rick Schwartz

Translation:

Márcio Mello Chaves, Rotulado um seqüestrador NOME DE DOMÍNIO REVERSE no processo Saveme.com!

Sinta-se livre para exibir e distribuir e apontar para este caso quando você está sendo intimidado. Não tome essa merda de ninguém nunca mais! Grande ou pequeno.

Acredito que não só isto é uma grande vitória, mas é tão clara e decisiva de um caso de RDNH que já foi decidido. Nós começamos a apontar para este episódio para os próximos anos temos como lidar com predadores mais e mais tentar seqüestrar nossos ativos. Esta não será a última vez que ouvimos deste caso SaveMe.com particular. Este é um bloco de construção que será usada pelo me para proteger outros domínios, criando jurisprudência.

Espero que este caso é usado em outras defesas e se torna um ponto de viragem na forma como os povos abordar este tipo de situação. Essas pessoas são fraudes que tentaram um esquema que dobrado o espírito da UDRP e saiu pela culatra-los no curto e no longo prazo.Eles envenenaram o poço de negociações e, como se diz no velho oeste, 'o dinheiro não é bom por estas bandas.'

Eu acho que as pessoas estão começando a entender que estas decisons pode afetar todo o futuro das pessoas e os dias de decisões terríveis será cada vez menos a partir deste ponto.Eu acredito que haverá consequências para aqueles que ao longo alcance em todos os lados.Existe alguma definição que está agora a tornar-se visível. Sempre haverá decisões erradas, mas haverá menos delas e muitos agora vão para Tribunal Federal onde os padrões são bastante diferentes e todos os olhos estão vendo.

Você pode considerar este post e o único a vir como 'picos' de futebol na zona final. Eu não preciso jogar um cotovelo, eu só preciso lançar luz sobre essa prática e usar esses palhaços como o veículo para fazê-lo. Seqüestradores! Assim, encontra este painel mundo. Ladrões no sentido social que foi pego em flagrante para todos os seus clientes para ver. Em tinta para sempre! NUNCA se deve confiar de novo! Essa é a sua frase! A Internet é sobre 'Character' e Reputação 'e neste meio, eles destruíram tanto para si mesmos.

Hoje nós celebramos uma grande vitória. Amanhã vamos começar a usar o x 2 4 com pregos (metaforicamente falando) pela divulgação e circulação dessa história longe. Quero parabenizar e agradecer a meu parceiro Howard Neu e todos os outros advogados no espaço que enviaram e-mails e ofereceu seu apoio. Esta foi uma vitória enorme e eu não consigo colocar em palavras esta noite o que realmente significa. Eu só sei o que é uma perda teria significado e que teria sido um dia muito sombrio para todos. resposta de Howard foi magistral, corajoso e ganhamos BIG!

Desde que eu conheci Howard, em 1999, eu disse a ele deste caso. Eu não sabia qual o domínio seria, mas eu sabia do caso. Eu preparei por muitos anos. Já escrevi sobre isso há anos. Era só uma questão de tempo e assim foi. Então, esses caras trouxe uma faca para uma briga nuclear e felizmente ele chegou tarde o suficiente no jogo em que os painéis estão pesando as coisas de forma mais uniforme como muito está em jogo!

D. Domain Name Apropriação indébita

'Neste caso, o Painel está convencido de que representantes do queixoso estavam bem conscientes da importância da questão cronológica. Representantes do queixoso são, evidentemente, familiarizado com o UDRP e tanto a denúncia como Alterado Reclamação fazer referência extensiva às decisões UDRP anteriores. No entanto, o versão da Reclamação depositado originalmente simplesmente ignoraram a questão do registo de má-fé, marcando o terceiro fator como 'má-fé no uso de nomes de domínio'. Este deve ter envolvido a supressão da referência ao registo de má-fé a partir do modelo da OMPI queixa. Após o Centro chamou a atenção para essa deficiência, o Reclamante apresentou uma queixa alterada tardiamente que abordou a questão do registo de má fé e, pela primeira vez, invocou Octogen, aparentemente como uma reflexão tardia.

Além disso, o Reclamante, mesmo previsto na Reclamação Alterado que o Reclamado faria uma alegação de RDNH e assim o Reclamante claramente sabia que estava patinando no gelo muito fino.

O queixoso alegou que RDNH não pode surgir porque o Reclamante não tem cancelamento só procurou o nome de domínio disputado, não de transferência. O Painel discorda. Primeiro, os reclamantes não devem ser autorizados a apresentar casos conhecidos de ser fatalmente falho sem a possibilidade de um achado de RDNH contra eles, por meio do ajuste fino simplesmente o remédio procurado. Em segundo lugar, como mencionado acima, RDNH é definida como o uso da política de má-fé 'para tentar privar' O titular do nome de domínio.Se o Painel tinha ordenado o cancelamento, o nome de domínio disputado faria em troca devido ao pool de domínio onde ele iria, sem dúvida, sujeitas às atenções do Reclamante e outros, com apenas uma possibilidade que o Reclamado se pode finalmente voltar a registrá-lo (assumindo que o Reclamado procurou fazê-lo). Assim, o pedido do Reclamante para o cancelamento não é menos uma tentativa de privar o Reclamado do nome de domínio disputado do que um pedido de transferência teria sido.

Pelas razões acima expostas, o Painel concluir que houve RDNH neste caso.

7. Decisão

Por todas as razões expostas, a Reclamação é negado eo Painel declara que ele foi trazido de má-fé e constitui um abuso do presente processo. '

A decisão inteiro pode ser lido aqui.

Como todos sabem eu sei ZIP sobre SEO. Eu afirmo que é sobre a relevância.

Faça uma busca no Google do meu amigo e veja o que acontece nos próximos dias como Hijacker é adicionado ao prefixo de seu nome apenas como Dr. seriam utilizados. A PRIMEIRA coisa gente vai descobrir mais sobre este palhaço é que Organização Mundial da Propriedade Intelectual rotulado ele um seqüestrador de nomes de domínio e toda a lavagem do mundo não vai fazer isso ir embora:

http://www.google.com/search?client=safari&rls=en&q=Márcio+Mello+Chaves&ie=UTF-8&oe=UTF-8

Como prometido no dia tudo isso começou:

'Márcio Mello Chaves, Heitor Chaves e SaveMe.com.br ..... Vocês vão ser os garotos-propaganda que acaba protegendo cada ponto titular do domínio com no mundo dos predadores e delinquentes como você. SCUM! Márcio Mello Chaves , você e seu irmão só fez xixi em cima do muro de alta tensão! mim. Mas você e que a empresa de terceira categoria que representam não podem pagar meu nome de domínio. Dotcom é REI! eu possuí SaveMe.com há 16 anos e você não vai roubá-la de mim nem de ninguém. Você e SaveMe.com.br estão apenas sendo exposto como os predadores que são. Talvez essas táticas trabalhar para você às vezes não, aqui. Nem nunca mais. Vamos ver o que seus próprios clientes têm a dizer quando isso vai viral. Você abriu esta lata de vermes. negócio com ele! Aqui é a sua página Linkedin por isso, se você receber um e-mail dele, corra! '

E como é que seu escritório de advocacia, Almeida Advogados, Brazil, continuar a empregá-lo depois disso? Não deveria ser pelo menos alguns admissão de fazer errado? Um pedido de desculpas? Uma oferta para pagar minhas despesas? Eu não vou segurar minha respiração, mas vamos ver se eles realmente perdoar e incentivar NOME DE DOMÍNIO Apropriação indébita por suas ações. Coragem ou covarde? Almeida Advogados, Brazil você também tem responsibilty e você também vai pagar caro se você permanecer em silêncio. Fale agora ou nunca!

Por último, quero agradecer o painel para uma decisão bem pensada e para não ser enganado pelas palhaçadas dos Irmãos Chaves. Foi preciso coragem, tempo e disposição para olhar para os fatos para tomar essa decisão abrangente!

Nesta área eu vou estar ligando para outros casos de Nome de Domínio Apropriação indébita de como vamos encontrá-los:

Caso # 1 é o nosso amigo Scott Dia da Digimedia que ganhou um R $ 100 + julgamento contra GOFORIT Entertainment, LLC, que é um Hijacker NOME REVERSE DOMAIN.

Caso # 2 Rain.com Chuva Media LLC envolvidos no Domínio Apropriação indébita

Caso # 3 CinemaCity.com Prime Pictures um Hijacker Nome de Domínio Reverso

Caso # 4 CollectiveMedia.com Coletivo Media Inc. é um Hijacker Nome de Domínio Reverso

Caso # 5 Elk.com ELK Acessórios Pty Ltd. de Preston, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 6 ForSale.ca Globo Media International Corporation é uma Hijacker Nome de Domínio Reverso

Caso # 7 Kiwi Mess.com sapatos Empresa polaca é um Hijacker Nome de Domínio Reverso

Caso # 8 Goldline.com Goldline International, Inc é um Hijacker Nome de Domínio Reverso

Caso # 9 K2R.com K2R (removedor de manchas) é um Hijacker Nome de Domínio Reverso

Caso # 10 CarSales.com Limitada carsales.com.au de Burwood, Victoria, Austrália é um Hijacker Nome de Domínio Reverso

Caso # 11 Proto.com Proto Software, Inc., New York, New York, Estados Unidos da América, representada por Byron Binkley é um Hijacker Nome de Domínio Reverso

Caso # 12 TrailBlazer.com Trailblazer Learning, Inc. representado por Brett K, Caledonia, Michigan é um Hijacker Nome de Domínio Reverso

Caso # 13 DreamGirls.com Dreamgirls, Inc., Tampa, Florida, representada por Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, de Los Angeles

Caso # 14 Mexico.com Consejo de Promoción Turística de México, SA representada por Bello, Guzmán, Morales Y Tsuru é um Hijacker Nome de Domínio Reverso

Caso # 15 Windsor.com Windsor Fashions, Inc., Los Angeles, Califórnia, representada por Abraham M. Rudy, esq. e Julie Waldman, esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills,

Todas essas empresas será 'reconhecido' no tráfego que vão lamentar o dia em que decidiu se engajar em seqüestro. 1000x pior do que ser chamado de cybersquatter. As tabelas foram transformadas. Lidar com isso!

Buscape.com.br SaveMe.com.br (2012-2013) da Empresa Cartaz para RDNH) representado por Marcio Chaves de Almeida Advogados, Brazil

Rapazes Congrats! Você têm sido marcados como Hijackers! Você nunca irá livrar-se deste título e ele seguirá essas empresas, pessoas ao redor por um tempo muito longo. Este é o começo do fim para esta prática repugnante você aguilhões. Explin aos seus associados, clientes, memebers familiares e vizinhos. A culpa não vos ME!

E não vamos esquecer o caso Goofoff.com e estes palhaços! e que eles amarraram a puxar.

Aqui estão todos os posts relacionados que eu fiz sobre esses seqüestradores Nomes de Domínio. O primeiro passo para a próxima fase é reunir todos os casos de RDNH e listá-los aqui!

Mensagem # 1

Mensagem # 2

Mensagem # 3

Mensagem # 4

Mensagem # 5

Mensagem # 6

A razão que esta foi uma vitória como marco importante é por causa da clareza dos fatos. Se esta decisão foi o contrário, todos nós sabemos o fundamento dos direitos legítimos de nomes de domínio teria sido ameaçada. O pós-venda de domínio teria sido sob uma nuvem.Toda a base capitalista e fundação que cada proprietário tem domínio único teria sido em perigo e maduro para os predadores. Agora eles foram avisados ​​do que vai acontecer quando você se envolver nessa atividade. Terá conseqüências você, sua família, seus colegas terão de explicar e lidar com sempre.

Tenha um GRANDE dia!

Rick Schwartz

Morning Folks!!

In the days ahead the new .whatevers will be revealed. Many of you will have domains that are instantly worth millions more than they are today. Millions. Now that does not mean they will recognize that fact. But water runs downhill no matter what some might believe or want to believe.

So a Huge Pizza Place opens on 59 Atlantic STREET. But you own a tiny hole in the wall pizza place at 59 Atlantic AVENUE. He advertises, you grow. He advertises more, you grow more. He gets pissed, you laugh your ass off. He gets more pissed, you laugh harder and harder and make more and more. You laugh because you know you never did anything wrong and while the other guy is pissed and it is directed at you, he should be pissed at his own actions. Not you, who did nothing and was just the beneficiary of life. You got lucky! You were then smart enough to capitalize on it. That's what you do in a capitalistic system.

You expand your business because you are doing so well and the other guy is barely surviving. The last thing you want to do is see that guy go out of business. On the other hand, if he does go out of business, he has built an incredible business for you. Maybe you will even take over his location because he never understood that he may have been able to buy your little hole in the wall before he built his place and avoided all this. Maybe it never crossed his mind. Maybe he did not know. Maybe this or maybe that. But if he could rewind, maybe that would have been the best decision. Maybe that would have made a difference and a different outcome. Maybe?? BULLSHIT! As I have stated over and over and over again, success or failure comes at the very start of any journey. Here is a perfect illustration of a guy sailing from New York to London and ending up in Africa then blaming some third party not even on the ship or connected in any way, shape or form.

Gotta love what is to come. Many are going to get angry when they discover how it really works. Whether online or in the real world. If you want to have a really good chance of success in the real world, build a hamburger stand next to the steak house. You'll do just fine.

But this is nothing new as I showed above and how about 800 numbers and 855 numbers. 800 is the .com equivalent. This is not the most vivid comparison. But if one guy is 800-OIL-CANS and the other guy is 855-OIL-CANS, the 855 guy is going to lose a percentage of traffic not only to the 800 number but in this case, his competitor.

.whatever without the dotcom will make some folks instantly rich. It truly is a lottery. Not one any of us knew would be this big or uncontrolled. But the sanctioned 'Clusterf*ck' is coming. .Property increases the value of Property.com. Period! How much? Well that depends on may factors. First whether the .Property will even become a viable extension. Of the 2000 +/- extensions coming online, I don't see more than a handful enjoying much success and I predict rapid and massive consolidation as some of these folks collapse under their own overheads.

Now let me be clear, there is always money to be made with things that don’t work. There will be a market and an aftermarket. The argument is the size and importance of that market. The viability and the longevity. The profitability and all the rest.

You can be certain that the majority of extensions will fail. That does not mean those that survive will be meaningful. I would be thrilled beyond belief to even see a potential candidate to rival .com. Possibly .web or some other generic extension that makes sense and has something to offer. But that is a tall task and you would have to have one hell of a marketing plan to pull it off. That said, you can never predict what the consumer will REJECT! I mean without some compelling original content, most folks will quickly realize that the .whatever is just another backdoor to .com and it will be over before it starts.

I know several folks we all know are going after hundreds of extensions. I don't wish any of them ill and I hope they prove me wrong. If I can identify any that I think could work or have a reason to work or a plan to work I will speak out in support. But when I have facts that say 61% leakage, I will point to that as well. To me it is a poison pill to those that don't know better. But hey, that's business. People have the freedom to make mistakes.

I always look to the history of radio, TV, AM, FM, Stereo, Telephone, Cell Phone etc. There will always be parallels.

Here is a post I made on Thanksgiving Day of 2000. An ancient post in domain years. This would be BD. Before Domaining. See if that compass lines up today. See if I could have written that post this morning. But it was clear to my eyes 12 years ago and before then. I always knew there would be great expansion. But what does it mean? That is the question and my answer then is the same as it is today.

“For those that think there are no more GOOD .coms......then the chances are you couldn't get laid in a whorehouse. :-) Just means you are not creative enough or have given up too early. :-(

For ANY other .whatever, the ONLY thing that will make it prominent is heavy advertising by MANY different companies. So far TRILLIONS have been spent on .com. Let us project .com spending for 2001. TRILLIONS!!! .net......maybe a few million, .org..............maybe $50 million On the others, your guess is as good as mine but I don't see MILLIONS. Even down the road.....they will ALWAYS want their .com version of whatever they end up with.

The more extensions that come out, the more valuable .com will be.

Look at it this way. porno.com does well. Let's say porno.tv comes along. If he spends millions on advertising........don't I benefit as the .com owner? And if he becomes big enough he may WANT if not NEED the .com version. However the reverse is not true because the value of the .tv has a much lower value than the .com. And for VERY good reason imho.

Oh well.....enough spewing for today. lol

Have a happy and safe holiday for us Pilgrims!!

Rick Schwartz

Thu Nov 23 09:53:48 2000 - 172.168.217.164 - message #7503

Folks, I see this as a straight line with detours that some take. Detours with cliffs. Detours without the .com foundation and highway to insure and protect them. The first decision is always the biggest and not having the .com of anything is a costly mistake that is a lifetime bill. So I will look at .whatever success as those limited to owners of the .com. That would make it useful for brands. I am sure .Apple will be picked up by Apple. When and if they use it or not is another story. But that has nothing to do with domainers. Apple won't be selling domains and domainers won't be investing in them. None of the brands will. So take that group right off the table.

The geo .whatevers may have the best chance. But even they might be limited to the worlds top destinations and none will be immune from traffic leakage. NONE! The only question becomes does it leak back into your business by owning the .com and being able to reclaim that traffic or does it leak to your #1 competitor as I have described above? Those that won't even address that, won't even talk about that, won't even consider that are doomed because almost all success or failure happens RIGHT NOW! The first steps. When everyone is in a rush to make decisions without considering all ramifications and that is where they crash. Then 'I' can come along and point out how one bad call brought the whole project down before it was even launched and much time, dollars and months or years of energy and life were wasted.

Have a GREAT Day!

Rick Schwartz

Morning Folks!!

Some posts are about domains, some posts are about life and some posts are about history. This one is all 3.

I started making my 'Memorial Day Posts' back in 1996. When adult was the only home to a domain industry that had yet to be born. An aftermarket still years away. While I tried many avenues, closed minds were everywhere and the adult business was the only business focused on sales and making money other than perhaps Dell.com back then.

The minds were not only closed but each post was removed no matter where I was at or what industry I was trying to reach. There was no soapbox to blog from. But there was a common thread with adult and they were not only willing to listen, the smart ones focused on the numbers and the results and that gave me some street cred. Cred that I have been trying to add to and expand my reach over all this time.

So it really has not been decided. Domains vs idea. Pets.com vs Books.com. So you can see in this example, BOTH share the top spot. But why laugh at them, they all got half of the top of the pyramid. I know it was the half I did not have the talent or brains to accomplish let alone the know how. So since I recognized from the gate that one side of my top of the pyramid was not in play, I had to focus on the domain side which was in play and was just as important.

Morning Folks!!

If you have no sense of history it is hard to know where the future is going. I look to history for almost every new event and apply a test to see if it is consistent with other points of history.

Have a GREAT Day!
Rick Schwartz
'Success is just a matter of luck. Ask any failure'

Morning Folks!!

I don't have all the answers and I don't have to. Just a few will do. Like you, I can only guess. Speculate. Put my money on it and see how it all unfolds.

When I was a kid I remember when the Empire State Building was sold for $12 Million and everyone was stunned how anyone can overpay so much. Sex.com sold for more than the Empire State Building. Fast forward and now we are talking many billions. They are even taking the building public to raise a Billion Dollars.

Las Vegas years ago had nothing but sand and a vision. A longshot vision.

I can tell this story 100 ways from 100 views and another 100 paths on each. Here is only ONE of many ways I see what I do and domains in general.

I would describe what my business plan like this as a real world type parallel..
1. My first hurdle was to figure out how to afford to hold and maintain many domain names for 20 years.

2. Buy raw dotcom land in many places throughout the USA with potential for commercial development.

3. Focus on Oceanfront, Riverfront, close to ocean or river.

4. Try and target Times Square for advertising and Las Vegas for sheer people power.

5. Study the development of places like Times Square and Las Vegas.

6. Since I was too late, too young and too broke to participate in that game, I found one that has parallels in a new dimension.

7. So imagine it is 1948 and you are in Las Vegas. There is just SAND! There is nothing else.

8. Build it and they will come and so they do.

9. I see this new thing happening and realize that there may be many ways to capitalize on something like this if it were to work even if gambling is not your business.

10. So the first road is paved and now there is a street.

11. Let’s call this street (Las Vegas Blvd) Dotcom Blvd

12. I have a few extra dollars and decide to buy some land on Dotcom Blvd.

13. I decided it will be many years before it will have any value because right now it is just sand and wind.

14. I think if this idea were to unfold the way they say, millions of people will come to Dotcom Blvd in Las Vegas.

15. But SHIT!!! That will take TWENTY YEARS!!

16. I decide it is now or never. If I don’t buy it somebody else may come and buy it. Act NOW or it’s over!

17. I go have lunch and decide to buy the piece of land I was looking at.

18. SHIT!!! Somebody else bought it within the hour.

19. I better go look for another dotcom property.

20. SHIT!!! That one is already sold! (Maybe I can grab his sand and move it?)

21. The third is a charm. I now have my own dotcom sand.

22. Gee these guys are buying multiple properties. What do they see?

23. Gee, these guys are pretty sharp.

24. I think I am going to buy some more dotcom sand

25. I tell others in business, they just laugh at me for buying sand.

26. I try and explain that in 20 years or less this sand will be very valuable because a lot of people will be passing by everyday.

27. They laugh

28. I buy more sand

29. More people laugh

30. I keep talking about this 20 year plan.

31. They laugh

32. I explain about it being a “Unique opportunity in time”

33. They laugh

34. I explain you MUST get the land first if you are to even have a chance at success.

35. They laugh

36. I explain this was an opportunity that my father and grandfather and their fathers before them never had and they should pay attention.

37. They laughed.

38. I bought a major corner on Dotcom Blvd in Las Vegas

39. They stopped laughing but now thought I was insane.

40. I repeated the process 1000 times

41. Others started repeating the process

42. Sand turned into activity.

43. I stood on my sand. I looked at the hotels being built

44. I put up a few billboards on my sand with no advertising

45. The new casinos in town see the billboards

46. One hotel asks to put his name on my billboard

47. I say ok

48. He gives me $1 Million check

49. People passing buy laughing at me for not building.

50. I put some more billboards up

51. More people give me more money

52. I learn about effective billboards

53. I learn about ineffective billboards

54. I learn where folks are going

55. I learn what folks are looking for

56. I open up a short cut to the hotel via a sidewalk on my sand.

57. It saves the folks time and money

58. Casino is willing to pay me more to be exclusive and have all my sidewalks lead to his casino

59. Next thing ya know they need parking spaces

60. They pay me more for my sand then I can earn selling water in the desert.

61. I abandon idea of opening up lemonade stands and decide to open parking lots instead.

62. Parking lots have low overhead and are cash cows

63. That’s what gets me to New York. San Francisco. It’s been YEARS since I was in San Francisco, at that time the rate was $70/day. Most people on earth don’t even make $70 a day. Go tell those parking lots they don’t have a legitimate business and own the priciest of real estate.

64. Gee, that sounds like a good way to do it while I pass the 20 years.

65. Gee look at etoys

66. Gee look at Pets.com

67. Gee, I think it is smarter to wait and learn from their mistakes than pissing away billions of investor dollars on a bag of smoke.

68. Gee impression based advertising is stupid.

69. Gee impression based advertising was like a parking lot stealing all the cars

70. Gee how come that model collapsed and took many down with it?

71. Impression based advertising was like driving a bus down dotcom blvd and simply pointing out the casino. The casino paid to get pointed out but could not have a benefit because the bus and customers were long gone along with the money the casino or all other businesses paid. The bus never stopped to be=ring them the damn customer!

72. Gee that was dumb.

73. Gee, I talked about it constantly in 1998 and 1999.

74. Gee that was what collapsed things in 2000. It had to collapse using that model and it did. It was a flawed and worthless model but they all bought into it.

75. Many walk away

76. I just shrug it off as a learning experience for the totally ignorant and a rip off of epic proportions from those providing those worthless impressions that were not aimed at making sales.

77. Why do I just laugh and shrug it off?

78. I have a 20 year plan.

79. Many laugh

80. Many can’t plan 20 seconds ahead let alone 20 minutes, 20 hours, 20 days, 20 weeks, 20 months, 20 years.

81. Why get educated if you can’t think 20 years in advance.

82. When you look at things like that, everything is merely a blip and the important things are easy to pick out.

83. Those that work real hard and went broke get pissed

84. Those that did not see what was coming get pissed

85. Those that laughed are now pissed and they know the difference between our 2 plans.

86. I will start my projects as sand turns into concrete

87. I don’t even have to open a casino in Las Vegas to make money.

88. Where there are people there are always ways to make money

89. When you understand traffic on Dotcom Blvd. that gives you power and insight that very few have.

90. When you watch and understand that traffic for 20 years you learn things others have never even thought of or questioned.

91. That leads me to buy more sand in more places.

92. See I think developing for the sake of developing is not something I ever wanted to pursue even though I tried numerous times throughout the years.

93. I plan develop by NEED and audience size matched with a profitable good or service.

94. But the dust on the Internet has yet to settle although it is now taking on direction and shape.

95. Something that I envisioned would take 20 years because of the enormous size of the change of habit and it would be worldwide in a way that nobody can really understand. Never in the history of mankind have so many adapted to something new so quick. Yes 20 years is a FLASH. Nothing ever became so universal so fast. Not electric, not phones, not TV, not even the computer itself.

96. How long do you think it would take for the Internet to evolve back in 1996 when less than 1% of the world’s population was online?

97. So the way I see things is very different than perhaps anyone else as I am sure your visions may be unique to you and what you want and the lifestyle you are striving for.

98. While I saw domains being something that would bring many people together, I don’t ever think I saw that just selling the picks and shovels could be such a multi billion dollar business and still expanding.

99. While I thought domains would parallel real estate, it did so faster, deeper and more mainstream than I thought would happen.

100. I think social media only enhances this in an exponential way.

101. So I still believe we are in our adolescence. But it won’t be much longer that adolescence begins the journey of maturity.

102. So just like a boy or a girl takes 20 years to mature and THEN blossom, so was my approach to Dotcom Blvd.

103. Graduation day is not the day you reach your full potential. It’s the day you start your journey.

104. It’s the day you mark when things really begin

105. It’s the day that starts life as we know it.

106. So I have this 20 year plan and folks still laugh.

107. But I have the “Luxury of time” to decide which parking lots are turned into Skyscrapers or Department Stores or just keeping as a parking lot until there are no more cars to service.

108. Real Estate, Oil wells, Mineral Rights, Parking Lots, Store Fronts, Billboards, Message Boards, Gold Mines, Diamonds, name your poison. Name your path. Name your trail. Never has any single item had so many faces and possibilities and parallels as a domain name.

109. So we can be condemned for seeing things early but that won’t change the facts of acting on a hunch and taking a huge risk when the next guy with the same opportunity passed on that great risk

110. Great risk receives great rewards when the risk you take just happens to unfold as you saw years ago.

111. So what would you call somebody that bought in the desert when nobody else on the entire planet wanted it and everyone laughed at him? What do you call the guy today with an acre of sand on Las Vegas Blvd that is just a parking lot? Some old fat guy at the gate with a cigar hanging from his mouth. Each night he collects $20 each for the 5000 cars that fit in his garage. Oh didn’t I tell you, he decided to focus and build on that parking lot a 12 story garage capable of holding 5000 cars at $20 each and turns the spaces an average of 2.5 times a day. Gets $50 on special event days.

112. The fat guy at the gate just keeps laughing as each car hands him $20. Another puff on the cigar, another laugh. $250,000/day business and he did damn well for his $100 investment. The garage he built that was a simple skeleton paid itself off in just 4 weeks so there is no mortgage.

113. They told the old guy he no longer had to collect the cash. That now they had machines to do the same thing and he could go to Florida and just lay on the beach.

114. I heard he declined the move. He just loved laughing his ass off. Every 5^th car would pay off that original $100 mortgage.

115. Ok, so that is one path. One parallel. Now let’s talk about the oil well parallels.

116. Then the Gold Rush Parallel.

1. And to be fair, don’t forget the tulips. The greatest BUST in history and to some, domaining is exactly like that. Don’t know about the tulips? Look it up!


2. There is also the collectible parallel.


3. The TV parallel


4. The Hollywood Parallel


5. The stock market Parallel


6. The Location, Location, Location, parallel


7. The Monopoly Game Parallel.


8. The Game of Life Parallel


9. The Radio, Newpaper, Magazine Parallel


10. More parallels in one commodity than all others combined and I have barely scratched the surface!

There has never been anything quite as universal and VALUABLE as a meaningful domain name and 2012 marks the year that the cat is out of the bag. Predators from every corner will come out like cockroaches at night trying to undermine your efforts in any way possible. Some of my friends are way too nice and find themselves on the short end. My only suggestion is to grow some balls and learn how to tell people to shove it up their ass with a 2 x 4.

See there are efforts by scammers that don’t take 20 years. They can fake out the system in 2 or 3 years or less and then just walk away with your property. Folks it is time to stop being naive. The next jackass that contacts you that you never heard of that wants one of your domains is likely not who they say they are and likely have an agenda. Why pay for a domain when they can PLAY the domainer?

Good luck and go grab your share of the pie! But don’t be a victim of those predators. They play with an empty hand, don’t play with an empty offense. You don't need a lawyer all the time, but you do need balls every moment from this day forward.

As investors in domain names we have done nothing wrong and worked within the system to capitalize on something just as they have done for hundreds of years on millions of items. Buy a $10 piece of art at a garage sale and a Picasso is behind it, well it’s yours and nothing will change it unless it had been stolen to begin with.

That brings me to my last point. Even if you lose a domain, track it!!! If you lose a domain because of wrong doing and it is years later, learn from the sex.com case. I believe in the years ahead we will see domain returned to their original owner and whatever business has been built will collapse overnight.

If you pay your annual fees, and don't do infringe or do anything intentionally wrong with your domain, then don't be intimidated by companies large or small. The smallest guy can defeat the biggest guy with WORDS and THOUGHTS and IDEAS as well as public opinion.

Your only limit is your 'Life Expectancy'. So something maturing in 100 years won't do you a whole lot of good in life. You'll be long dead. Depending on your age, you may have 20-40 year horizon to accomplish what you want. Life is not as long as you may think.

Have a GREAT Day!

Rick Schwartz

Afternoon Folks!!

So today I get a WIPO action from a company in Brazil I never heard of until today. What struck me was that it was one of the most generic domains I own. SaveMe.com

I hand registered this domain in 1996. Before this company was even in business or thought of. They decided to go the lawyer route and try to reverse hijack this domain that they have no claim to whatsoever. Now I am going to stick it up thier asses! :-)

But it gets better. As I am going through the attachments and this CLOWN, Márcio Mello Chaves, contacted me back in August to buy the domain name. I told them at that time “High 6 Figures”. He came back at $10k and I said not even $100k. End of that chain. There may be more, have not researched anything yet on my end. (See comment 99 for details)

The clown is actually the attorney that filed the WIPO Action. So now that I know this CLOWN, Márcio Mello Chaves is just a wolf in sheeps clothing he is a low life to me. When some LOW LIFE stoops to that level, that rubs me the wrong way and I intend to use this guy as an example along with the CHEAP PRICKS he represents. Oh, that would be himself and brother pictured below. Marcio on the left and Heitor on the right of Buscape.com.br. Guys that appear to be professionals and would not suspect them of doing bad things and so now they are EXPOSED for the WORLD to see!

Did these two CHUMPS conspire against me and my domain name to Reverse Domain Hijack Saveme.com because they own SaveMe.com.br and were too cheap or did not have the money to buy MY domain name? Now I am going to stick it up BOTH of their asses. Let's find out what they KNEW in June 2010 when they opened up shop. Are these CHUMPS going to claim they did not know the dotcom version was taken???

But more importantly to YOU, this is what I learned. Just like the .co leaked 61%, one of the documents they filed show that 43% of my traffic comes from Brazil. The traffic they might be leaking. Why?? Because this CLOWN represents SaveMe.com.br and they have a HUGE LEAK! Or so they say.

Yo Baby!! That’s what I have been talking about for years now and especially recently. Not my fault dude. Not my problem dude. There are thousands with similar problems. Talk to ICANN. The new gtld's will only make it more of a clusterfuck. No Johnny Come Lately is going to even TRY and take what I own after this. I am going to hang my hat on this action.

So Buscape.com.br aka saveme.com.br filed a WIPO today because they think that is cheaper. They think they are entiltled. Well guess what? Bad move SPORT! The value of this domain just went up. That is why dotcom is KING! So this guy with no ethics decided to try this little trick. Because of that, I will make him a poster boy so others know what is coming and how it is coming. I will be as transparent as I can be. Just like Goofoff.com and what became of a similar sitution. These morons just don't seem to learn. So they need to be educated. That only happens when the thing explodes in their face. That is unfortunate. My job is to protect every other domain I own from similar jerks. So each time I have no choice but to make them regret their actions.

There is no company on earth that should be allowed to intimidate any domain owner at any level. So Márcio Mello Chaves I am going to make you famous. You and the idiots you represent might have this all come back on you. That's before I even mess with MY domain SaveMe.com which I am sure I can use in a very effective way to illustrate what a FOOL you and your clients are. To make sure your own customers know what you folks are and how you behave. Preadators! I never initiated contact with you but if you mess and poke this lion, be prepared to explain things to everyone you know and everyone you will ever know. As they said in the 'Social Network', the Internet is in INK.

So this will never go away and will only be a search away. Bloggers will blog about your behavior and that of your client. Then customers might not think they want to do business with such a predator. Assuming you have any customers. When it spins out of control, look in the mirror. You are fucking with MY LIVELY-HOOD and that is a place that not only I will defend, but will legally SLAY anyone that gets in the way. I will do everything legally and openly, but tastefully is not a promise. I am going to stick it up your asses in the most unpleasant and disgusting way I know how in front of the world. I will always be factual. But I don't always have good taste or play by any other rules other than by what is legal. If you folks get embarrassed, so be it. If you have to explain to your family and neighbors, so be it. WIPO is public and so is everything to come.

Márcio Mello Chaves, Heitor Chaves and SaveMe.com.br.....You are going to be the poster boys that ends up protecting every dot com domain holder in the world from predators and lowlifes like you. SCUM! Márcio Mello Chaves, you and your brother just peed on the HIGH VOLTAGE ELECTRIC FENCE! Me. But you and that third rate company you represent can't afford MY domain name. Dotcom is KING! I have owned SaveMe.com for 16 YEARS and you will not STEAL it from me or anyone. You and SaveMe.com.br are just being exposed as the predators you are. Maybe those tactics work for you sometimes, not here. Not ever again. Let's see what your own customers have to say when this goes viral. You opened this can of worms. DEAL WITH IT! Here is his Linkedin Page so if you get an email from him, run!

More to come. I have a mission. :-) In the way these folks think, just go ahead and register any country code or 3rd class domain and then go after the dotcom because of some sense of entitlement to things they don't own just because it will make their business stronger or better or more competitive. So if I buy a house in Kansas with a 500 Park Avenue address, I am certainly entitled to throw out the guy in New York City if I do well according to their bent logic.

Márcio Mello Chaves of Brazil Acting in BAD FAITH!
The POSTER BOY for Reverse Domain Hijacking

What can you do? Spread the word. Save me and Save you. It's the gospel to anyone that makes a living online. How fitting to have the SaveMe.com domain name used in this landmark case. Some may say....Miraculous!!

Rick Schwartz

UPDATE: Here is the actual Complaint: You all should read this because his allegations and extreme over reaches would have a bearing on many of you.

Você simpatiza com gente que tenta dar um 'jeitinho' para tomar coisas que não lhes pertence?
Este é o caso de 2 irmãos no Brasil que estão por trás de um site relativamente novo, o SaveMe.com.br. Veja, eu possuo o domínio genérico SaveMe.com aqui nos EUA desde 1996, quando o domínio (aquilo que vem depois do www...) estava livre e eu o registrei. 16 anos mais tarde, esta empresa no Brasil parece ter optado por um caminho sujo, após registrar o domínio SaveMe.com.br, em 2010.
Agora eles querem o MEU domínio, e não querem pagar por isso!!! Eles simplesmente querem que a justiça lhes 'entregue' o domínio. Sem mesmo ter uma marca registrada do nome 'Save Me' no Brasil, quanto mais aqui nos EUA, eles decidiram entrar com uma ação contra mim e meu domínio de 16 anos. Note que, antes de entrarem com uma ação, eles fizeram ofertas pelo domínio, mas eu as rejeitei, simplesmente porque não estavam no patamar adequado, com a agravante de que não informaram corretamente quem eram (ou seja, mentiram). Eu nunca soube que eles representavam esta empresa até que esta semana recebi uma intimação. Acredito que você possa ver claramente as implicações do que eles estão tentando fazer, pois eles não têm quaisquer direitos sobre aquilo que não lhes pertence.

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Do you like people that try and take things that don't belong to them?

Such is the case with 2 brothers in Brazil that seem to run a fairly new site SaveMe.com.br
See, I own the generic domain name here in the USA SaveMe.com since 1996 when I hand registered it. 15 years later this company in Brazil seems to have hit pay dirt after registering SaveMe.com.br. in 2010.

Now they want MY domain name and they don't want to pay fair market value. They want the courts to just give it to them. Without even a trademark in Brazil let alone the USA, they have decided to file a suit against me and my domain of 16 years. See I refused their offers because they simply were not in the ballpark plus he misrepresented who he was. I never knew he represented this company until this week when I got the papers. I think you can clearly see the implications and that they have no rights to what does not belong to them.

If you ever use this company, you might want to tell them not to try and take things that don't belong to them.

3/19/2012 UPDATE:

Let's see if he responds or ABANDONS this suit. We will know in 5 days.

'In accordance with Rules, Paragraph 4(b), you are hereby notified of the following formal deficiency with your Complaint:

(1) The text below section (C) of the Complaint, with the emboldened heading “Bad Faith in the Domain Name Use”, does not appear to describe why the domain name should be considered as having been registered and being used in bad faith.

Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.

(2) The Complaint has not been signed (in any electronic format) by the Complainant or its authorized representative, as required by Rules, Paragraph 3(b)(xiv).

Unless the deficiency specified above are cured within five (5) calendar days, March 24, 2012, of the date of this notification, in accordance with Rules, Paragraph 4(b), your Complaint will be deemed withdrawn, without prejudice to the submission of a new Complaint by you.'

I think I can hang my hat on this part: 'Please note that paragraph 4(a)(iii) of the Policy and paragraph 3(b)(ix)(3) of the Rules require a complainant to describe why the domain name(s) should be considered as having been registered and being used in bad faith.'

Now please tell me how I REGISTERED saveme.com in Bad Faith in 1996? He can't. And so on this single point alone he will lose. 'USED and REGISTERED' are the keys. Of course that is only one set of keys. There will be a multitude of reasons his claim will be denied!

3/24/2012 UPDATE

4/25/2012 UPDATE: Yesterday we filed and published our official legal response to this suit. You can read the contents at: http://www.erealestate.com/saveme.htm