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

Morning Folks!!

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

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

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

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

Have a GREAT Day!

Rick Schwartz

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

Morning Folks!!

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

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

According to their story:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Reverse Domain Name Hijacking


Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

Rick Schwartz

 

If you Poo Pooed the iPhone, What Else did you get Wrong??

Morning Folks!!

To get the future right you MUST calibrate the past. You must go back and see what you got right and what you got wrong. It's not always the easiest thing especially when you focus on what we each did wrong or got wrong. 6 years ago this month and several times thereafter I made some very bold statements. Let's see how I did. I may not be right, but I am always "Certain". ;-)

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But yesterday I read Eric Borgos's post about his iPhone and how it changed his life. Eric's Life Changed 6 Years Ago and Didn't Even Know it Until Now!

I spent a lot of time writing about the iPhone back in June 2007 and later  this in 2009. By 2010 I had the 4th iPhone. Then the iPad that I wrote about Here and Here.. I was told about all the new smartphones that were coming and they were right but it did not matter because the iPhone was just SO much better. And it still is. I grabbed a Galaxy S4 a few weeks ago. Not bad. But not great. Much better than Blackberry's but no match for the iPhone. Don't take my word. just read how it transformed Eric's life and it has transformed mine as well.

I would go out on a limb to say that the iPhone is the smallest most powerful device ever invented. And it's big brother the iPad has transformed almost every business I see. From restaurants to hospitals to schools. To underestimate these devices by anyone is a huge mistake. And btw, make sure you read the comments on those past posts. That will also tell you now only who gets things right, but who gets things wrong as well.

Also, list your favorite apps. Eric gave a great tip yesterday. "My iPhone was not just a cool device for me to use, but a replacement for my entire office. I could do things like scan documents (by taking a photo), sign contracts (using the Hellosign.com app), send faxes (using Hellofax.com)"

I grabbed the app and it is GREAT!!

What are your top apps? Are you up to sharing. I have several hundred. Florida Restaurant Inspections is a great one too. Before you go into a restaurant it tells you the violations the health dept. slapped on them and how many. GREAT app!. I also use "Nexia" to control all my thermostats remotely for my properties. Here is my App Post.

There are many things I prefer doing on my PC. I mean my Mac. I switched to Apple for everything within a year of getting the iphone. I can't go back and I get sick to my stomach when I am forced to. Which by the way, is never. Only when I TEST. Yes, I speak from experience . I still have a PC and I got the Microsoft tablet. LOL!! I mean really? I fire it up for about 15 minutes every other month and just shake my head.

The iPhone is my office in the pocket. I can do anything, anywhere and do it FAST!  It is the single most used item I own and the one time it broke cuz I dropped it, I needed detox within 20 minutes. Here is my post about iphone turning 5 years old. In 2009 I stated the Blackberry was dead and it is still dying.

So while Eric went out of his way to tell you not to run out and buy an iphone I am telling you since 2007  that it is in your best interest to at least own one! Like Eric I used the iphone as a back up phone to start. By  the end of the first week I was hooked like a junkie!

Have a GREAT Day!

Rick Schwartz

 

Distinguish or Isolate? That it the gTLD Question to Answer!

Morning Folks!!

I really think the BIG gamble comes down to whether the new gTLD's will Distinguish a BRAND or isolate that BRAND. And that question MOSTLY applies to .BRANDS. Now that gamble for them is not huge and companies will always find inventive ways to use a  .Apple or a  .Dell. But many of the brands will keep their .BRAND on a shelf for potential future use or even internal use.

So they can distinguish themselves as .Apple but there could be a downside as well as it could isolate them. But I don't think so. I like .BRAND. I just have very mixed reservations about .WHATEVER as this is the real .CRAP shoot. Plus we already have some substantial evidence as far as success and values when compared to .com. The confusion factor. They are FORCED to switch back to .com as you can read here!

This is NOT opinion. This is EVIDENCE and as business people we MUST know the difference between opinion, sales and propaganda or it is costly if not dire.

When ANY company loses 35%-61% of their marketing efforts on CONFUSION, they can either change course QUICKLY or go out of business. BOTH of these companies did just that. They had to read the numbers and watch their eyes bleed!

Personally I think the biggest winners will be .TV, .ME, and one or two other extensions that had MANY years to take off with much less competition. That is an opinion. But there is also growing evidence. .TV is a natural but after some 15 years it is just now gaining some traction. But .TV means something. ME means something as we live in a world of Me's.

So from an investing standpoint it is quite different and I HOPE you have YOUR 20 year plan.

But whether we see great successes or great failures this is the point where things move in a very big way. These new gTLD's will provide the fuel I see to go where I believe this ship is going. That is an opinion. But it is based in FACTS and EVIDENCE. It is based on watching things very closely for a very long time. It is based on history. And our job is to just keep score and see what picture it paints. It won't paint that picture in 2013. But by the end of next year we will have a BOATLOAD of new information. Be skeptical. Most will be hype and deals done with friends and family or ones where no money exchanges hands.

Have a GREAT Day!

Rick Schwartz

Spied on, Listened to, Lied to and Mislead. And that was Just Monday!

Morning Folks!!

June 2013 may go down in history  as one of the worst American months ever.

Politics has been turned on its head as we learned that we were  Spied on, Listened to, Lied to and Mislead and then it gets worse from there as we are poised for war in Syria and beyond. Just a shiny object to distract? Great day!

So as long as they are reading our emails, I will just write them all in public from now on. How about you? lol

When Glen Beck and Michael Moore agree, well then we have something new and extraordinary. It gives me cover to actually write something political. The lines have been blurred, crossed and many are rethinking what they think. SOME of this is worse than inexcusable.

The NSA has Clapper the liar.  The FBI has Muller the incompetent that can't name anyone at the FBI investigating the IRS scandal. The National Security Advisor, Donilon, has been the one accused at the White House of leaking for years and then of course being replaced by Susan Rice who went everywhere at the direction of you know who and LIED all over 5 Sunday shows. Hillary is nowhere to be found and that call at 3AM did not even go to Bill. It just got unanswered. But what does it matter??? So we left our folks to hang out there and get TORTURED!! The NEW American way and it is sickening to me. How about you?

About 10 years ago Putin stated they have the KGB and the USA has the IRS. Looks like he was on to something. When that BITCH at the IRS took the 5th, she should have been arrested, given immunity and then spilled the beans.

So we are about to see something very interesting with our politicians, our population, our morality and our values.  Who will win out? What will win out? Party? Country? Moral character? Watch very closely. These scandals make Watergate look like an afternoon Tea Party and is a THREAT to each and everyone reading this no matter where you live and no matter what political persuasion that you are. TYRANNY is a HORRIBLE way to live!

The excuse makers and protectors will be in full dress for the foreseeable future. But there is NO EXCUSE for us to be Spied on, Listened to, Lied to and Mislead and to IGNORE that............

Rick Schwartz

 

Hoping is Not a Business Strategy!

Morning Folks!!

The more I talk to folks the more I see they always have a missing link to their business plan. They fill that gap with "Hope" instead of a solid plan or even a number of plans. Hope is also the code name for Google rankings and traffic. They hope this and they hope that but hope is not enough to bend the needle. "Will" outranks "Hope." "Desire" even outranks "Hope". Almost everything outranks "Hope."

We all do it but "Hope" is not proactive, it is passive. Hope is wishing and waiting and not doing much to make it happen. DOING makes things happen. Hope is as good as a wish. They are equals. Thus you have two very different types of people from the get go.

"Hope" you enjoyed my little post. :-)

Have a GREAT Day!

Rick Schwartz

Rick’s Guide to Making Friends in Business. LOL!

Morning Folks!!

Some folks don't like me. But it is almost never for what I did to them personally but it is almost always about my thoughts and words. They are pointed, sharp and direct. And they are also accurate as I view the world. So deal with it. Here is a perfect example. Let me piss off  MORE folks than I make friends with just by the following LOGICAL thought:

"If you did not see the recession or depression coming what qualifies you to see when it is ending?"

Seems like a fair question from where I sit. If I were looking for an answer to an unknown I would disqualify those that got the big one wrong the first time and at least start with the folks that saw it coming.

Lots of domainers disappeared over the last 5 years. Many others are still struggling to stay afloat. The single biggest reason was they did not see what was coming, were not prepared for it and reality foiled their dreams.

"If you did not see the recession or depression coming what qualifies you to see when it is ending?"

That's a very in your face question since most people did not see it coming they might be offended. So I am on the wrong side of math if I am trying to make friends. When you are like me and don't go along with conventional wisdom you are already at a disadvantage before we start.

Well, I would rather be at a disadvantage, have less friends, then to get things wrong. How's that?

And in 2007/2008 when I did write about it and prepare for it the same people got pissed. It's predictable because human nature has so many folks CONTROLLED instead of them controlling HUMAN NATURE. So who is going to like me when they think I have it upside down? I feel bad that they don't get it. I feel bad that they think I am talking down to them. I feel bad that in fact they are the ones that had it upside down. But they are blind to the energy I use to try and let them see what I see.

So that leaves us with an industry of multiple groups in multiple stages. One that is doing very well. One that has disappeared. One that is struggling for survival. And then there is the new group that comes in at the deepest and darkest times and is aggressive and will be making names for themselves. There are subgroups to that.

So to me it is plain to see that the depth and worst of what we have gone thru is well over. And while it still may take months and years to build up and regenerate, that is exactly what we are doing as the pace of things begin to pickup and before you know it. BOOM! And when the market does flip the switch, even after years it can happen overnight. The tide is rising. Period!

Will there be crisis? You bet!! Lots of bad things are still going to happen. Enjoy!! Profit from it! You make money by predicting an outcome and getting it right because the TIMING was right.

"Take advantage of folks that think it is going to get worse and have bills to pay!"

That made me more friends! Yes? Of course not. But that statement is also a FACT that makes the world go round. So the angry masses think it is more important to be angry with me stating a fact than it is understanding the FACT! That's the point!

Many folks are distracted by shiny objects and easy to be charmed. That made me more friends! Yes? Of course not.

But now lots of good is also happening when compared to nearly 100% stagnation and worse. The economy is a tide that affects all of us in some degree. But just like a surfer learns to ride a wave, YOU can learn how to ride the economy of tides and win no matter what when you step back and see the cycles. Cycles that are natural and cycles caused by man.

I'm just sayin' what I am seein' and from what I see the worst is well over, the summer and fall will begin to accelerate and I think 2014-2016 are gonna be years filled with great growth and opportunity. Folks are sick and tired of being sick and tired and THAT is the point in which things turn around. It does not turnaround everywhere at once. It is area by area and sector by sector. But we are in the midst of a new cycle. There will still be plenty of bumps. But 2009 is GONE, DEAD and BURIED even tho some of the stink lingers and you still see the damage that has been done.

Bottom line. Things ARE moving and shaking out there and that is a lot different from what we have witnessed over the past few years when few moved, few shook and few were buying while many were selling.

And so while 80% will never like me and never consider me a friend, I just LOVE the 20% that get it and do!

Those are the folks that mean the most but most of my energy is used to try to sway some of the 80% to break the shackles of their own thoughts and nature. Why? Because I was them at one time and I know the difference between the two schools as well as anybody else in the 20%. Each and every one of them was an 80%er at some point in their life. Just ask them. But the 80% have yet to be in the 20%.

Believe me I have the ability to win over the 80%. I just tell them what they want to hear whether I believe it or not. I blow smoke up their ass cuz they want to hear what they like. It's like telling a kid a bedtime story. The more they hear what they like the nicer and more charming you are. And that has how much value in BUSINESS?? So the 80% need to learn one thing. Their BIGGEST enemy is hanging out with 80%ers telling them what they want to hear instead of hanging with the 20%ers and figuring out what they are missing. That made me more friends! Yes? Of course not.

Have a GREAT Day!

Rick Schwartz

 

Procter and Gamble’s Biggest Management Shakeup in 100 Years?

Morning Folks!!

Let's not minimize or maximize the Reverse Domain Name hijacking (RDNH) decision that came down against Procter and Gamble (P&G) over Swash.com back in March. But for a stellar company like P&G it is a black eye they should have never gotten.

So lets just deal with a few facts. This was what I wrote about the fallout back then.

This was my open letter to the CEO Bob McDonald that followed.

That was besides personally contacting each and every communications director for a comment without a single response.

But let's look and see what has happened in the days since. Exactly 90 days if you are counting.

The CEO, Mr.McDonald, steps down "effective immediately" at the beginning of Memorial Day weekend on May 23rd.  "Robert McDonald's four-year struggle to adapt Procter & Gamble Co. to a new world of more frugal consumers and tougher global competition has come to an abrupt end."

bobceo

Did "Frugal" (another word for CHEAP) include giving him or those that report to him the order to try and grab Swash.com?

But that is not all. Then just DAYS later P&G announces "Organization changes". MASSIVE changes. I then asked myself when in my lifetime did I ever see a shakeup like this at Procter and Gamble and I just can't remember one. Can you? They even picked the former ceo A.G. Lafley to get the compnay back on track. Both men in the industry for well in excess of 30 years.

lafleyjpg-4c2b2efd654c4661
A.G. Lafley. Chairman, CEO, President

Straw that broke the camels back? I guess we will never know. But it was a straw and that STAIN remains with this company FOREVER! It happend and somebody in their organization made a very costly and unfortunte mistake. A mistake that could rise to the level of ending a career.

So as domain name investors this is a case we can point other would-be hijackers to which will let them know that no company no matter how big or small are immune to a decision like this and the repercussions that come both personally and professionally. Ignorance is no longer an excuse.

Have a GREAT Day!

Rick Schwartz

 

Heinz Introduces GREEN Ketchup. Outsells Red 2-1 Within One Week!

Morning Folks!!

The most surprising thing about people is how gullible we/they are. Fish you expect to bite on the bait and be dumb. But people have brains but don't question things. They swallow facts whether true or not. Here is my tiny little example.

There is one small invention over the last few years that has the potential to save more  energy and moneythermo than solar and wind combined. It may have already done it. Such a simple device. I got my first one in about 2007. Cost about $75. But if WE are programmed, then we miss the program.

In my example, programmable thermostats can save more money in 3 years than all the solar panels in the world in the last 30 years. Now I just made this up. It is what I call an assumption. A fact yet to be discovered. But I will believe what I just made up because to me it is simple. And of course, that is before I even get into the costs and politics.

So opportunity means you look at things in a different light and don't swallow things without questioning it. My point here is 100% valid. My example may also be 100% valid. The losers are the ones that can't even open their minds long enough to consider my assumption. They are so controlled and programmed that they lose their ability to break away from a habit.

It's simple and the little things. You put your socks on the same foot first probably every morning. Shock yourself by putting the other sock on first. Force yourself to look and see things differently.

That my friends is where opportunity resides. And as far as the Green Ketchup from Heinz, I made that up. Happy June Fools!  Or at least I thought I did until I googled it looking for an image and found Heinz actually did this. One of the great FLOPS of all time!

green-ketchup

Now it is time to re-bait my hook for another post!

Have a GREAT Day!
Rick Schwartz

Champions and Challengers.

Morning Folks!!

In 2007 I wrote about it and prepared for it cuz I saw in coming.

In 2008 we were in New York City when they were jumping out of windows.

In 2009, 2010, 2011 we lived thru the fallout.

In 2012 we started rising from the ashes and by the end of 2013 we may be roaring back. My first post about this just 2 days ago.

Folks need to learn what recessions look like. Both going into a recession and coming out of a recession. The tide is rising. Not for all. There are many many folks that the tide is still getting lower. They have yet to bottom out. But for the vast majority, folks have adjusted to the new normal and that brings the market back to more normal levels for those that have survived.

Now there are plenty of challenges we still face. But that is all they are, challenges. How do you approach a challenge? Do you approach it as a challenger or a Champion? It makes a difference. It makes a difference in the outcome and the path. And if you do it right, sometimes you will come to it as a challenger and sometimes you will come to it as a champion. But you should always walk away victorious.

The worst is over and the earlier you realize that the more you can take advantage of it. There will be movement this summer and it will continue into the fall and then I think 2014, 2015 and 2016 could be rip-roaring good!

That's what I see. Take it or leave it. Your choice. But imho we have turned the corner from survival mode to something that will produce lots of movement and new opportunity.

Have a GREAT Day!
Rick Schwartz