At what point are you a serial trademark infringer?

Good Afternoon folks!!
At what point are you a serial trademark infringer? I think that is a fair question.

I have heard every excuse in the world for owning trademarked domains. That
is what they are, excuses.

Now let me tell you how I view it. When you have thousands of domains there
are going to be a small percentage that could eventually be challenged. But the

So if you have 100,000 domains and 10,000 (10%) are questionable, you ARE a
trademark infringer.

So if you have 50,000 domains and 2500 (5%) are questionable, you ARE a
trademark infringer.

So if you have 10,000 domains and 500 (.5%) are questionable, you ARE a
trademark infringer.

Now let's work it backwards and see. I think it is possible for a TINY amount of any
portfolio to possibly have a few questionable domains. It is the nature of the business and you never know who will challenge what, but some are in your face obvious.

10/1000? Ok and THAT is even high!!

But as a rule of thumb, that would make a portfolio with 100,000 domains
have 1000 possible infringements. I believe that number is still high and unacceptable. 1000??
Come on! There is no excuse for that. What number is realistic? Maybe 100. 1 in
1000? 2 in 1000? THAT is where I would say a portfolio should max out. Really,
anything more and you could be labled a serial infringer. 1 or 2 in 1000. 3? 5? What is an acceptable rate from where you sit?

Newbies are coming in and all they do is buy this garbage. They make us
look bad and put themseleves in lots of legal jeopardy that has the potential to blow up
in their faces.

Why is this important? Because 'Ambulance chasers' have found a more
rewarding and lucrative pass time. They can mass email domain owners and rake in domains and
dollars like a casino clearing the craps table.

Be warned just how widespread this is about to be. If you are a serial
trademark infringer, it's gonna ruin your day. At some point we are all in the
same cesspool when anyone from the outside looks in and that is why everyone
should care about this. On the other side there is a lot of over reaching. Those
that think they are entitled to what you own. But it is FUELED by the
infringers themselves for making this such a fertile ground of TM
Have a GREAT Day!
Rick Schwartz.

The Domain Industry’s Dirty Little Secret Exposed

Morning Folks!!
Which dirty little secret do you want to hear first? How many do you know first hand? Actually there are dozens of dirty little secrets. I don't have the time or inclination to go through all of them, but there are many and I see it growing. Trust is definitely going to be an issue going forward. The worst kinda scams are from the people you know and trust. Just ask 'Bernie.' So we are entering a phase that others have talked about. Except this phase may be pretty ugly in what goes on.
I think the last phase could be labeled the abuse phase. Starting at the beginning was the 'Geek' or 'Free' phase 1994. That was followed by the 'Dark' phase 1996 where domains had gone from free to $100 a pop certainly was a dark period with still such little understanding of what existed on the net.
That was followed by the 'Adult' phase in 1997. That was followed by the collapse. 2001/2002. Then we enter what I would call the 'Frank Schilling' phase. This is the post collapse phase in which drops and ppc and mega portfolios emerge. This becomes the domain industries first big boost. That leads into the mega sale phase when we have the mark the end of the collapse and the biggest rush we have seen to date. 2004. That lead to the trade show phase 2004/2005. Which led to the formation of an industry. 2005. That led to the 'Cut their nuts off' phase. 2007. Which led to the 'Auction Phase' ($12.5 Million T.R.A.F.F.I.C./Moniker auction) 2007 which leads us to the 'Abuse' phases where many took advantage and we are paying the price today. 2008
So here we are in 2009. The next phase. What is it called? I don't know yet. There are other phases. I could and should have mentioned the Marchex deal. The VC phase. There are so many. Like chapters in a book. Perhaps this is 'Book 3' of it all. Or book 4? We can each sit down and name our own personal phases. Maybe the 'Steve Forbes' phase. Whatever you want to call it I call it lifting an industry from obscurity to front and center. A rising tide helps all of us. We can all assist in raising that tide. It happens one contact at a time. Like making a million dollars. You don't make a 'Million' dollars. You make a dollar, 1 million times.
Have a GREAT day!!
Rick Schwartz