Where do I start? Let's start with that I know a minimum of 3 people personally that have received this form letter or what most folks consider a spam letter from Fairwinds Partrners.
The spam itself was posted on the comments area of the previous post so no need to repeat. However let's start with the a couple of quotes in the return email I sent them:
"So let me recap. You THINK you are in the business of selling high end domains however you have never actually sold one. Have you?? I think you misrepresent your abilities. You call domainers cybersquatters and then send me that spam. That takes BALLS!!!"
"So good job at making your company look like a bunch of hypocrites. You trash domainers and then want to broker sales by spamming them? That makes you ALL look like FOOLS."
To which I got a response which included the following.
"While I am not
involved in CADNA whatsoever, I have read the materials closely enough to know
that CADNA also knows the difference between the two terms. You may not
have read the CADNA Web site yourself so I will draw your attention to the
following text that appears at the top of the page"
“Cybersquatting is defined by CADNA as the bad-faith registration of a domain name that includes or is confusingly similar to someone else’s trademark.
CADNA is made up of many leading edge adopters and generators of new Internet best practices, and as such this organization knows the value of direct navigation practices and the importance of direct search to making the Internet more navigable and rewarding to worldwide web users.
Many of the legal practices of Domainers that deliver relevant content to direct navigators are not to be discouraged, but celebrated. And as such, the object of CADNA is cybersquatting, not domaining.”
ok, now let's include some other points of fact about these folks who are heavily involved in coordinating CADNA. I see them as disingenuous.
1. Josh Bourne is still not telling the truth about the connection between DN tasting and phishing even after the Anti-Phishing Working Group refuted it with a September report that found that there was no relationship between domain tasting and phishing scams. Just to be clear, I'm adamantly against tasting and am proud that the ICA adopted a Code of Conduct that calls for an end to abusive tasting and all domain kiting and has called on ICANN and VeriSign to shut it down with new fees, but this is just illustrative of how CADNA ignores the facts and throws out unsubstantiated and disproven charges.
2. CADNA is a cybersquatter by their own definition that was cited to me above (CADNA.com was registered by CADNA Automotive of Memphis, TN, which subsequently regsiered CADNA as a trademark, long before Fairwinds set up CADNA and registered the .Org). I have an entire blog post about this here. True, the CADNA definition printed above calls for bad faith as an element - but CADNA members have attacked the same bad faith reference in the ICA Code of Conduct.
3. Sarah Deutsch, a counsel for founding CADNA member Verizon, picked apart the new ICA code of conduct in a recent debate with ICA counsel Philip Corwin at the INTA (International Trademark Association) leadership meeting -- and had the temerity to say that when Verizon ISP run ads against TM typos under their new Advanced Web Search service that's customer service, not infringement, at the same time she's calling for higher statutory damages and criminal law penalties for domain registrants and questioning whether parked generic pages provide anything worthwhile to consumers. I think that is outrageous.
4. Now this one should make you all chuckle. Go to the Fairwinds Partners home page. Scroll to the bottom. There is a quote there that came directly from Steve Forbes. However that quote was made by Mr. Forbes specifically for T.R.A.F.F.I.C. and released by us for in a press release before our October show where he was our keynote speaker.
"Internet traffic and domains are the prime real estate of the 21st century," comments Forbes. "This market has matured, and individuals, brands, investors and organizations who do not grasp their importance or value are missing out on numerous levels."
Nothing wrong, but Chutzpah is the only word that really comes to mind. But don't worry, I am full of adjectives to describe these hypocrits. I may have to blog just on that. This is going to begin the unraveling of this garbage. I am not sure what their true agenda is as it is confusing to me. When I wrote the organization in the summer shortly after they came into being, my email was never answered to this day. I blogged about it at the time. So what is really going on here?
Some may think this is the end. Quite the contrary. This is the beginning. The only question is it a new beginning of cooperation and working together for what we have in common or will we have to slay this dragon as they continue to paint us all as "Cybersquatters" every chance they get? Unfortunately we may already have the answer and the evidence against them is mounting. The only question is when do the companies supporting CADNA see the true picture? It is my opinion that CADNA has the ability to tarnish the very companies and brands that they represent. Wonder what their take on spammers is?
My advice to both these companies is get your act together, contact the ICA and begin a constructive dialogue. Short of that, expect blog posts like these from every legitimate domain investor out there. It will eventually make its way to the media and there is going to be a lot of folks with egg on their face. I can see it now. Cybersquatters vs Spammers. the media would have a field day with that match up. Let the games begin. However we will win as we define the difference between Cybersquatting and Domain investing. On the other hand....a spammer is a spammer is a spammer and EVERYONE hates spammers.
Have a GREAT day!