The Circular Firing Squad. Ready, Fire, Aim! Huh?

Morning Folks!!

Oversee suing Skenzo?? This one suing that. I can't even keep it straight. Is that
smart? Where is the ICA on this issue? MIA? Much bigger than just 2 companies and a domain sale. This is HUGE! The enemy is AOL. Why aren’t they aiming their guns at them? They are the boogie
man here. They are the ones making claims far from their actual rights. So is
this really a lawsuit about a domain name or one motivated by the competitive
nature of the industry? We now have all the major PPC companies involved in
serious litigation. Each will get weaker and none will get stronger.

Meanwhile all these folks need to
WAKE UP!! The domain is no longer worth $1.4M. The domain is now worth tens of
millions and all parties have taken their eye off the ball. Then putting the
owner against the buyer is just a bonehead move.

All that before we even talk about
the fallout from this. Meanwhile AOL must be laughing their asses off. They
created a civil war in an industry they probably hate.

See when I asked if the “Golden
Days of Domaining were over”, I was not kidding. Wonder how many times the
Skenzo Paddle will be going up for a Moniker auction in New York? Will this
scare others to bid?

Now of course I understand there is
a contract involved and perhaps this is the way to proceed. On the other hand
if you win the battle and lose the war, what exactly do you win? These are
extra ordinary circumstances. I think it is unfortunate or maybe even
calculated as I believe more went into this decision then just the sale of the
domain name. That is my BUSINESS opinion. These are two giants fighting. The domain may be the vehicle, but is it the true motive? I don't know, but certainly worth asking.

Anyway, I hope all the parties can get
together and do what is in the best interest of the industry which would be to
focus their energy on AOL because if they don’t, we are likely to face it
over and over and over again in the future. A floodgate of threats that
actually affect business transactions.
AOL will be the first, not the last.Stop the polictics and show AOL that this industry has some character and willing to fight.

Have a GREAT Day!
Rick Schwartz

15 thoughts on “The Circular Firing Squad. Ready, Fire, Aim! Huh?

  1. M. Menius

    Very well said. And to the point. The entire domain industry should be unified against AOL’s baseless claims. It is a true no brainer.

  2. observer

    Anyone can make a claim. So AOL made one, so what? This isn’t a valid reason for a buyer to back off a deal.

  3. Lisa

    It looks like companies are finally catching up. Every day I hear about another outrageous claim like for they think a UDRP is a cheap ticket to an expensive domain.

  4. Mr. Joe DOMAINS Saladino

    I hear ya Rick! Thanks for giving them hell!!! You are correct that AOL is a big lowlife bully who needs to be challenged and beat to the ground and further down to deter other large companies from trying to wrongfully and apparently illegally dominate a word(s) and domain(s)! This is utter BS and outright WRONG of AOL! You mentioned is worth tens of millions. Perhaps this is true and it could also be worth zero if it is tied up in a MULTI million dollar lawsuit for 10 years of which I don’t believe anyone would want to incur! On the other hand as you mentioned US DOMAIN OWNERS NEED TO FIGHT these LOWLIFE A_ _H_ _ _’s and fight them GOOD to where they go home to the MOMA and CRY regularly FOREVER until they finally CROAK!!!!
    Joe”DOMAINS” Saladino

  5. Dan Manyquestions

    My questions are…
    How do you think this will effect the sales of domains from this point on? Until resolved.
    Will buyers and sellers stay on the side lines and not close deals?
    If the law does not favor the domain community, will we ever see any sales in the future that will break the top ten domain sales?

  6. rimmed is about as generic as is possible
    when i first saw story break thought, insane
    actually i thought…. money grabbing lawyer scum at aol as thats who’s responsible for this
    one thing i didnt know is the dicks at oversee are joining in
    i dont care how much money oversee have made, all i know is they turned perhaps the best registrar in the world (moniker) into a substandard one, virtually overnight
    my advice, divyank should honour deal, buy it through a separate shell company, then if things go pearshaped, they can sue his shell lol

  7. Rob

    “Wonder how many times the Skenzo Paddle will be going up”
    None, hopefully. Nobody will allow SKENZO to bid-up the price, now that we know that they don’t follow through. Would you engage on a biding war with someone who can up the price, but is not willing to pay? Would you list your domains at an auction where you know SKENZO may be the buyer? No way, people will revolt.
    All auction houses have an obligation to provide a fair environment for sellers and buyers. Divyank is a rogue who thinks the rules don’t apply to him. They should be banned from participating in any auction from now on.

  8. jeff schneider

    Hello Rick.
    It seems the big boys lawyers think that Reverse Hijacking is not against their laws. This is yet another example of Tyranny in corporate America. The banks,Insurance companies and other large corporations have wreaked havoc on the consumers rights, and think they can steal from consumers through the legal system. I hope AOL gets sanctioned and sued royally for this farse.
    Someone has to take on AOL and sue them as Howard has suggested. I wonder who will have the gonzos and step to the plate. Its the eighth inning and we need a class action suit and some honest lawyers. Otherwise corporate Tyranny will rule our lives. We need to cut the cancer off at its source.

  9. fretplay

    Divyank should not be blamed for not buying the domain yet. Imagine you’ve bid 1.4M on a domain name and you get an email stating the domain is actually a trademark. Honestly i wouldn’t jump in and buy the domain untill there is some solution to it and i’m sure 99.9% of you guys would do the same.

  10. jeff schneider

    Hello Rick,
    Until UDRP filers are held accountable for false pretense filings,all sales of all domains will remain undervalued. The secondary market in affect is being held hostage by the uncertainty caused by UDRP filings.
    Not only will domains values be sqwelched, but also development will encounter a strong headwind because the domain address is its foundation and anything hindering a foundation being built hinders the growth and prosperity of e-commerce.UDRP filings favor the old guard companies in protecting their turf. They also provide a most effective barrier to increased competition and productivity.

  11. crinux

    Trademark laws and rules should be rewritten with the view of the internet’s worldwide exposure, technology and the domains flowing traffic. UDRP is just a makeshift grabland shame, it should be abolished. Anyone knows if any company was swallowed, i.e. being transferred to the complainant similarly to UDRP rulings for the guilt of trademarks infringement before internet came alive ? The trademark bodies should adopt common sense rules for internet usage.


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