Here are 4 reasons why .brand will not replace brand.com in the foreseeable future. This was an email sent to me today by
Guoliang "George" Hong and I think it is very insightful.
Thank you George! See you tomorrow!
Here are 4 reasons why .brand will not replace brand.com in the foreseeable future. This was an email sent to me today by
Guoliang "George" Hong and I think it is very insightful.
Thank you George! See you tomorrow!
Slowly but surely we are taking all that "Stuff" and presenting it in a more and more effective manner.
We still have some things to clean up tonight but the new Hall of Shame is complete enough to go online and so it is.
Hopefully you like the improvements and I believe we are making it effective as well.
Been a LONG slog these past years. Ghostbusters was about your best bet because the Police, FBI and authorities throughout the world were largely uninterested in online criminal activity and other crimes online. They did not understand it and they did not take it seriously. Not their fault. That is the cost of progress. That's why it takes so long for something as big as the internet to be understood.
A few things changed it along the way. 9/11 was the start. AirKatrina.com was when it grabbed headlines and attention when the Attorney General of the USA is on national tv speaking about it. That incident changed how charities operate online and even off-line. The authorities were now interested in folks abusing others online and the fraud and that went along with it.
But even after that it would be years before the authorities took things really seriously. Crimes via Craig's list and others drove the effort. Today they understand more. Not 100% but they do understand it is THEIR jurisdiction. I think Australia has led the way in some of the crimes as their authorities have always responded and showed an interest in things online. They are proactive in investigating and they follow-up. They share information that in the USA would never happen.
The USA is getting better. Still may not be easy. There are ways to start the ball rolling where before they would just give you an empty look and point you to another department or jurisdiction who would in turn point you to another and another and eventually you would end where you started and at that point you try one more time and then give up.
This is the reason I also believe that Reverse Domain Name Hijacking is in the last days. The rash of over reaching is going to be OVER within a year or two. There will always be some SCHMUCK that will try to steal, but I believe that the numbers in the second half of 2013 nd 2014 will decline and I think we are already seeing that. Don't forget to factor in how many more domains there are today than 10 years ago and the fact it is widely known many are very valuable. Plus all parties are much more sophisticated and educated on what's what!
The social penalty is much more severe and long-lasting than a fine. Plus a fine of $1000 won't do much. $10,000? Maybe a bit stronger deterrent but on a $2 million domain still a good gamble. So you would have to get to at least a $100k penalty or make it criminal to actually deter. That is why the social penalty is a bigger deterrent. Priceless!
So a tip of the hat to the authorities for finally recognizing that crime online is just as important as crime offline! And also a tip of the hat to the WIPO and NAF panels that are largely getting it right these days as opposed to days past. Tomorrow we will take it to the next level. Until then.......
The Complainant is M/s. Core Diagnostics of Gurgaon, India, represented internally. Represented internally??? Love it! (Otherwise known as a "Self Colonoscopy" with complications. lol) I am gonna stick it hard to these MORONS and would be THIEVES!
We have another Reverse Domain Name Hijacking Decision and this one was a slam dunk in 2 sentences:
The Respondent registered the disputed domain name in 2001 and has been using it since then to promote various medical diagnostic products.
GAME OVER in my book and it was!! Nothing more to win this one and EXPOSE another would be THIEF!
Your job is to circulate and let it cost them. That's how you put a fine and penalty on what they do and hopefully that has a long term cost to them. Those that take the time and energy to tell me how meaningless that is let me suggest you help me with that time and energy. Give it and me the benefit of the doubt.
Time to rip these folks a new one along with their "In house" attorney. SCHMUCKS!
More to come as they get listed on my hit parade charts as #46.
I am sure you are sick of reading these and I am sick of posting them. But what has to be has to still be done to stop Reverse Domain Name Hijacking.
As I posted on Monday, Jaguar/Landrover is the most recent Fortune 500 Company found GUILTY of Reverse Domain Name Hijacking. They Join Procter & Gamble as the 2nd fortune 500 to risk tarnishing their respective brands this year. Will there be a company wide shake up? Time will tell.
The attempt was so blatant, that the panel found for the respondent without the respondent even answering the complaint. A HUGE VICTORY for all!! But this is a really GREAT case because there was no response by the domain owner and the panel still found Jaguar/LandRover guilty of RDNH. Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA got defeated by a ghost. How does a debacle like this unfold?
I will repost the following post each and every time there is a Reverse Domain Name Hijacking Decision. The best thing domain owners can do is Tweet, Like, Post and/or Share. So just don't sit there! You CAN do something to circulate these offenders. So do it! That's REAL SEO! I need your HELP. I can't do this alone. Charity starts at home and that means protecting what is yours.
Want to stop RDNH and get the $$$ instead of a NAF or WIPO action? THIS is the way to start. Someday there WILL be a legal and CRIMINAL penalty but until then there IS a social penalty if YOU CHOOSE. And believe me, the social penalty is MUCH more severe than a fine that can be easily absorbed and forgotten about. This is PERMANENT! THEY have to live with the social consequences of their actions. The best thing you can do is Tweet, Like and/or Share instead of throwing your hands up in the air and doing NOTHING! Doing nothing is what these little pricks count on! Let them know! I can only do so much and I need your help to DEFEAT this practice.
There really is a penalty for Reverse Domain Name Hijacking and it is far more severe than anything monetary. I have been defending my domains from predators and would-be Domain Name Hijackers for over 14 years. When the Saveme.com case (Start at bottom of link page) came to me as a GIFT about 16 months ago I RELISHED my opportunity to change things. It was such a slam dunk that I was going to make this case an example for others and a warning of the SEVERE CONSEQUENCES that come with it. I may lose a domain, but a REVERSE DOMAIN NAME HIJACKER loses their entire reputation and it can't be repaired.
When I was a kid my parents and my teachers would scare me to be good as they would tell me if I was bad it would be on my "Permanent Record". Well when you commit a crime, it is on your permanent record. Misbehaving in school? Not so much.
So I have used the SaveMe.com case as well as others like Procter and Gamble to illustrate just how bad a decision trying to STEAL somebody else's domain really is. And so I did. I PROMISED to make Márcio Mello Chaves FAMOUS!! Promise kept baby!!
THAT is how SEO REALLY works!!!
RELEVANCY!! Be relevant and you will have no problem being searched. Marcio Mello Chavez is relevant to Ricksblog.com and more importantly to Reverse Domain Name Hijacking. How does he EVER fix it?? It's a permanent record of FACT!
Search procter and gamble domains. You no longer get a list of domains they own.
Search Jaguar or LandRover. Because of this, they too are subject to being reminded that what they did was so over the top it is permanent.
Tell me how much it is worth to undo what can't be undone and they are responsible for?
And reputation management software?? HATE IT! And thankfully it does not work! Most folks don't need to repair the reputations. They just do things the right way to begin with. Not so much in corporate America.
So I believe the SOCIAL PENALTY far outweighs anything else. A $100k fine is nothing when you talk of a 7 figure domain and a multi-billion dollar company. A win could be viewed as a "Discount". But when you have to deal with the SOCIAL FALLOUT, it is MUCH more SEVERE and I am proving it!
The Scarlett Letter of Domain Hijacking will follow those throughout their entire lifetimes and beyond. Here are MY POSTS about Reverse Domain Name Hijacking and those involved. The NEXT guy DESERVES what he gets because he has been warned and I am going to change their futures more than they can change their futures.
So this July 4th I feel like this year has been the turning point in Reverse Domain Name Hijacking (RDNH). And yes, I like to write out in full Reverse Domain Name Hijacking as many times as I can to associate a name with the deed! My only obligation to a Reverse Domain Name Hijacker is to make them FAMOUS! They try to destroy MY BUSINESS or YOUR BUSINESS?? Then they MUST live with the PERMANENT consequences. Did they show you mercy? Well they are warned and they OWN their decisions.
Did the biggest Company Shake up in 100 YEARS at Procter and Gamble have something to do with Reverse Domain Name Hijacking? Don't discount the possibility! Somebody made the decision to SOIL their companies stellar name. In government it may be overlooked or you get promoted. In business, you get you ASS kicked to the curb with all involved! And deservedly so!
I have 18 years and many millions of dollars invested in my online business as well as many of you readers. So if some IDIOT thinks he can just STEAL our hard work by hiring some hotshot and thinking $15k is all the skin they have in the game, then they have to live with the fallout and that fallout can be severe and life changing. That's what BOTH the attorney and the client get from now on because attorney's know better at this point in time. So the job of the attorney is not be part of a hijacking and to AID and ABET. It is to educate their client or FIRE their client. Your CHOICE and just remember that YOUR NAME will be included in the fallout. It's not up to you and it is not in your control once you AID and ABET. And make NO MISTAKE, the panels today are not ignorant. The attorney is the mastermind of the hijacking as well as the driver of the car the way I see it. You have been hired as a contract hit man but the hit is not on a person, it is on property. Your client is in the back seat directing you and paying YOU to help him HIJACK a domain name. The MOMENT you go along with that, you are just as guilty because YOU KNOW what you are doing. It is premeditated. You are just as guilty aren't you my attorney??
Wrong minded? ok. But THAT is EXACTLY the way I see the roles and THAT is the passion I will write with every single time. Remember we are not talking about an honest difference of opinion where you need a ruing. We are talking when that ruling comes in that STATES that you have ABUSED the process. For that Mr. Attorney, YOU will be held accountable. Your choice? Tell your client the FACTS or FIRE your client. It may be the most important decision you ever make in life. And I get to write about YOU and mention NAMES whenever I feel like.
Molly Megee Hankins and Heitor Chavez are examples of what I am talking about as they represented Reverse Domain Name Hijackers and knew better! I will add more to the list as I look through the decisions to see which lawyers abused the process.
I am going to stop this practice in it's tracks! If you are a REVERSE DOMAIN NAME HIJACKER or are found GUILTY of ABUSING the process, then You and your attorney will be known far and wide and throughout the world and it will follow you folks like a shadow on sunny days AND cloudy days and even in the dark!
Then you have the KING of all. Keating Muething & Klekamp PLL who represented Procter and Gamble. Have THEY been fired? Let me give them a second mention Keating Muething & Klekamp PLL. I would assume these are top notch folks. HOW could they ALLOW their client to walk into this? I guess it would take real balls to fire P&G. They might lose the account? Wonder if they were fired?
So if you are being unfairly threatened about your domain name, just point them here. It is FREE and EFFECTIVE because it is all based on FACT and PASSION! Give them a little window into how things may unfold because when YOU WIN and they get found GUILTY of REVERSE DOMAIN NAME HIJACKING, I am going to write about them right here and make them famous too!
And what can you do? Circulate this post. Retweet it. Like it. Comment on Linkedin. Circulate it. THAT is a very small effort to help protect your livelihood and your assets that costs nothing and helps put these folks on notice. THAT is how to help STOP Reverse Domain Name Hijacking.
Here is the current list I have of RDNH cases with our newest inductee. This list that the NEXT SCHMUCK gets to join and LIVE WITH!
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.
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 45 such cases so far of RDNH and this resource has 150 or more. 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.
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
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 #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 #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 #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."
"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."
“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.
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 Hatami 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. "
Case #43 Complainant is Aptus Tech LLC (“Complainant”), represented by Max Moskowitz, of Ostrolenk Faber LLP, New York, USA. Respondent is Name Administration Inc. (BVI)(“Respondent”), represented by John Berryhill, Pennsylvania, USA
Aptus Tech LLC represented by Max Moskowitz, of Ostrolenk Faber LLP, has now been found GUILTY of Reverse Domain Name Hijacking. (RDNH)
"In this case, the evidence indicates that Complainant clearly knew that the disputed domain name was registered many years before it could establish rights in the KLIPZ mark and, thus, that it would not be able to establish that the disputed domain name was registered in bad faith, which is one of elements one must establish in order to prevail under the Policy."
Case #44 Consuela, LLC represented by Erik Paul Belt of McCarter English, LLP, Massachusetts, USA found GUILTY Reverse Domain Name Hijacking of Consuela.com Respondent is Alberta Hot Rods (“Respondent”), represented by Ari Goldberger of Esqwire.com Law Firm, New Jersey, USA.
"According to the majority of the Panel, not only did the Complainant present its Complaint when it was obvious that it could not succeed, it actually pressed its case by submitting an Additional Submission which did not address the key issue raised by the Respondent. The Complainant thus harassed the Respondent by pursing the Complaint after the Complainant knew it to be insupportable.
A minority of the Panel is of the view that reverse domain name hijacking should not be found without evidence of some knowing effort to seize someone else's intellectual property. However, the minority accepts the majority’s view.
Consequently, the Panel finds that the Complaint was submitted in an attempt to the hijack the Respondent’s domain name."
Case #45 Jaguar/Land Rover is the latest to have been found GUILTY of Reverse Domain Name Hijacking (RDNH) on the domain name MountainRovers.com. Complainant is Jaguar Land Rover Limited (“Complainant”), represented by Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA.
The attempt was so blatant, that the panel found for the respondent without the respondent even answering the complaint. A HUGE VICTORY for all!! But this is a really GREAT case because there was no response by the domain owner and the panel still found Jaguar/LandRover guilty of RDNH. Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP, Michigan, USA got defeated by a ghost. How does a debacle like this unfold? You assume you are dealing with top notch professional folks at every level.
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!
I will state for the record once again that ANY and nearly all new gTLD's will need domainers at their core if they really want to have a chance. That is why I believe most of the new extensions will simply die on the vine and have no meaning or importance whatsoever. That takes care of "Most". But as INVESTORS, it is our job to pick out the one or ones that will lead the pack.
NONE will ever approach .com in OUR lifetimes. Not even a close 2nd will appear.
We will have 2 major groups initially. Investors and flippers. So you will have 1000 flippers flapping away. Don't get pissed. It is just a reality that is coming and you can see from the MOON!! Rubber Duck x 1000. Edward Cline x 10,000. :-) Get ready!
On the other hand "Domain Investors" move more quietly and look at it as accumulating an appreciating asset.
That brings me to my poll from Thursday and this post. As you read the comments a picture appears. And once again DOMAINERS get it RIGHT while many will and ARE getting it wrong.
.Com works because it was the first and is synonymous with the Internet. Over 95% of every major business in the world has their .com and collectively spend billions of dollars druming .com into our consiousness. And it worked!!
Add up all the other advertising dollars for all the other extensions and in ONE DAY .com will outspend what others did collectively in over a YEAR.
Besides that you can put .com at the end of anything and it SOUNDS good. You can not say that with MOST of the new extensions. They are limited in meaning and gluing a keyword to something with NO meaning is a tough road to hoe. I look at most extensions as limited and the last thing you want to do is limit yourself.
So when I asked the question on Thursday, "What are the Top 10 New gTLD’s?" I got a very good amount of opinions and many were common.
Without doubt, the ONE extension that lead the way was .Web.
Only a few others were even mentioned more than once. But ones that were, .Free and .music for example.
.NYC lead the .geo's, only one comment for .LA. I see that mainly because it has already been out for so many years without having much impact. I would say .LA is more dependent on .NYC than any other factor. That said Geo gTLD's seem to have the most support and perhaps the best hope.
The one thing most folks FAIL to ask is WHY does .com rule? Why did .com take off like a rocket and leave .net in the dust? What elements are missing with the new gtld's? Will .net have a second look over .crap?
Some of the answers:
.com was adopted universally by large and small businesses throughout the world. It is synonymous with the Internet like the 800 number is to the telephone.
.com has TRAFFIC that is very valuable and when measured against all other current extensions, has more type ins than all other extensions combined and multiplied. An extension with no traffic is like an oil well with no oil. It is still a well but it ain't worth shit.
So the question for .web is it another .com or another .net?
Then of course you have a VERY BIG problem. Holding back of "Premium" domains in each extension. While registrars and registry's will make money, it won't translate well down the food chain. They are likely the ONLY ones that will see a profit. This takes out the NATURAL DEMAND. Another element that will be missing from the .com formula.
Missing elements? Yes, many. Some are the foundation of .com and KEY to the success of .com and completely MISSING in 99% of the .whatevers. Good luck with that formula. Good luck with IGNORING those KEY elements.
Those missing key elements is why .web lead the way for domain investors when asked which gtld's have a CHANCE to succeed.
So a different recipe GUARANTEES a different outcome.
I DO believe there could be some every powerful phrases that come out. But one or even several of those are not enough to support an entire extension. And while folks throw around big numbers before this all comes into being, those numbers will be a MOUNTAIN to climb for most. Most will be stranded on that mountain like .travel and some will die on the mountain like .mobi. But even those like ME who have jumped on .xxx for example would gladly take those $$$$ back and return those "Premium" domains.
That is why I believe that the gtlds will not only make .com MUCH more valuable but EXPONENTIALLY more valuable. It also has a chance to rescue some of the extensions that have been around for a long time and get a second look.
.Travel may get a second look and probably find the same result as the first look. However, others may do better. .TV, .ME, .Info. Net, .Org. I know many think I will be saying .biz. Sorry, ain't on my list. "B" stringers in my book. Sorry.
The main difference I see is the way domain INVESTORS will look at things and the way domain FLIPPERS will look at things. So I just look at today. Folks email me all day long to flip .co. I am sure there is a market for those names. But it is a very soft and hollow market and getting more than a few hundred dollars is a very hard task if it can be sold at all. Same with .xxx. Demand is just not there. That means prices are soft and likely won't be climbing much if at all. Investor asset or a liability?
So as this all comes closer into focus, we will follow this and the ANTICS that follow. The domain INVESTOR will be the ones picking most of the winners and by not buying, picking the losers as well. And NEVER forget that type-in traffic is still the core of value that DROVE the entire .com train.
I have invested in almost every new extension over the past decade++ and not a single one of them have put me in the black including .me. On the other hand, during those same years, .com has changed my life. I can only hope it happens again!! But I can not ignore evidence that cost me over $1 Million to obtain. That money buys me a STRONG opinion.
Ever heard the phrase "The calm before the storm"? These historical phrases are tested over hundreds of years and uncountable events. They are the most basic and fundamental building blocks we have. They consist of common sense, history and knowledge.
So while so many domainers are jumping out of their shoes each day with fear and worry I am sitting at the pool WAITING for TIME to pass. What is coming is SO CLEAR to see why are so many missing it? Some folk are always chasing shiny objects and just like a shadow, they never catch it. And they don't learn either.
There are BILLIONS of dollars coming to OUR POND in the WEEKS, MONTHS and YEARS ahead. If you can't figure out how to grab some of them $$$$, then you could not get laid in a whore house with a fist full of hundred-dollar bills. So those wringing their hands all day and questioning everything they do are being TRAPPED by their own MINDS!
It's truly sad to see that we are each our own biggest enemy and/or obstacle. While we always lash out, it ALL comes from within. You can either be in control of human nature or you can be controlled and victimized by it. But make no mistake. it is all SELF INDUCED! A choice we make because we each have the POWER to change our will and our destiny.
Today you can choose to be a victim or a winner. 80% wake up every day as a victim and the other 20% reap the rewards that are just sitting there because of it.
So go cry in your soup. It's a HUGE leap for that 80%. Nobody likes being taken out of their comfort zone. So they are all STUCK!
STUCK is a choice. You can be a Mover and a Shaker. But the bullshit swirling around in the minds of the 80% paralyzes them into inaction. STUCK! Those folks only have time and energy to lash out. They are insulted by the reality of life. They take it personally. I am amused at first and then saddened that they are stuck, sit on the side lines, fear every decision and since they make bad decisions, they should be scared!
So the #1 problem that the domain industry has is the same that every industry has. There is an 80/20 mix and the 80 spend all their energy trying to bring down others while the other 20 spend their energy in moving and shaking and still have enough time to try to have others see the path to success no matter what you do in life, who you are or even where you came from. Today starts now. Each day starts. Who is controlling YOUR day? Me? lol Some guy on TV? Some BS in your head?
You can go to school for 1000 years. You can obtain the highest degrees. You can be the most brilliant person walking. You can have every gift in the world. But if you don't understand and control human nature, if you can't make good decisions, if you can't see past today and learn from history, then it is all trumped by those that can.
Who is a better boxer? The guy with a 9-0 record or the guy with the 100-5 record? Chances are the 9-0 guy has never been truly tested. Chances are the 100-5 guy has seen it all and has been tested. Learning how to fail may be the only path to learning how to succeed. And everyone yelling in the grandstand is 0-0.
So here is a time capsule type post. Business is slow right now. So what? It's called summer and for a lot of folks they have not enjoyed a summer in several years. Well, they are going to adjust and enjoy this summer and business will limp along like a calm before a storm. But come September and on until the following September, things are in store for a huge turnaround. By December 31st 2014 the talk of recession will be gone and the recovery will feel like a BOOM!
Have a GREAT Day!
It may be summer for consumers but June begins Christmas for retailers. And if you don't know and understand that, your timing is going to be off.
So when I look at business I can look at that business via the eyes of any owner in any industry. That is the basis for my strong confidence in domain names that mean something, What is happening today is just so different than what has happened before as folks are getting more and more educated about their online businesses and the opportunities they have. But there is also still a long way to go as otherwise intelligent people outsource the one thing they need to know and learn if they want to survive and thrive.
I am finding out there that corporate is very slow to move but sole proprietors are catching on. The small family business is on the move. They are really starting to get it. I also see the relationship between domain investors and those in IT and search starting to figure out how they can take advantage of each others strengths. There is still a big disconnect there, but it is exponentially better.
Sorry, I just see good things and hear even better things. I go to Las Vegas and everyone is making money and doing deals. I look the other way and I see fret and despair among many in the same business and in the same environment. What's the difference? Outlook and attitude is the difference. A change in attitude can change and ROCK your world. But the comfort of fear and despair have some locked down.
So I still see the greatest business ever with the most opportunity ever and the reason I see that is retail and wholesale and progress. The ferocious headwinds of the past have died down. And in some cases those headwinds are turning into tailwinds. Expansion gives birth to opportunity regardless how many fear it. They fear it because they are ignorant to history. Yes they are! Just study TEN different parallels and they make no mistake where the ship is going. The ship has sailed before. MANY times before.
So while it may be summer for some, it is Christmas in June and July for many. Everything in the business cycle gets geared up for the home stretch. That 45 day period that decides your fate for another year. How many folks are connected to that event? Millions? Tens of millions? More?
Social and commercial sometimes get entangled and lost. These too are some of the parallels that are easy to figure out as they shake out. Some just get too caught up in the details to see the big picture. But that is part of the parallel as well. These are all predictable events and behaviors based on history and the evolution of products and businesses and hula hoops and pet stones and facebook and apple and google and it's all connected and it's all been done before.
But none of this matters. Let me be clear on what I see overall. I see some folks that don't know the difference between a low tide, an ocean, a desert, a season. They sell their vessels because of a low tide not because of anything that would warrant an actual sale of an overall appreciating asset. Based on a fear that high tide won't come back. And so it is Summer to some and Christmas to others. Merry Christmas!
Have a GREAT Day!
When you are in shark infested waters my advice to you is to have a bigger, meaner, crazier shark on your side than the other. An army of minnows is no match. You can't act like a minnow and fight sharks. As domainers you are fighting battles on several fronts and many don't even know it. Whether it is payouts or reverse domain name hijacking or the new gTLD's or falling values of marginal domains or any of half a dozen other fronts including rapid take down of your domains.
Sharks operate on fear and minnows are no match. So I am keenly aware some don't like my style. But my friend, it is MY style not yours. You can be whatever fish you choose to be. The way I defend my PROPERTY from THIEVES is something for me to decide. The way I see things unfolding is for ME to decide. Nobody forces any of it on you. But if the shoe fits, ask why instead of getting angry. Human nature has us wired to react to certain things in ways that are not in our best interest. So if you know that, maybe ask the question is being a minnow a good way to survive in shark infested waters?
Sure, clams do very well. They don't move much however.
There are the movers and shakers of the sea and the sharks of business. We each get to navigate things as we see fit. And if you want to be a clam, that is YOUR choice.
But now we are in a an open world and there are many here that come to oppress. If you don't see, recognize and undersatnd that, it just could be you that is missing something. "Free will" is a very threatenting thing to some countries, society's, groups or people. So when somebody like me is this outspoken, it is THE most fearful thing in their lives. Free thought?? Free Speech? Free Will? TENS of millions have DIED in that struggle and it continues everyday of the year for as long as history has been written or will be written. Billions of peple trying to opress billions of others. I reject it and history has rejected it but the battle stll rages.
Words are a THREAT to those that don't understand this concept and therefore they react in a facist sort of way because they themselves may not even know what is going on underneath. Deep underneath. Some see collaboration as a threat to fear. On the other hand many of US see it as an opportunity to grow and expand and learn and progress. FACTS are never anythuig to be feared. But many fear facts because they would have to rethink so many things. So DAMN the facts! We all do it folks!! We are all guilty at some times of this. The POWER is acknowledging and harnessing that power and BENDING it in a positive way vs as a destructive way. But when bending does not work. DESTROYING does and so we become SHARKS fighting SHARKS and that is the game on the field.
So be a minnow on the sidelines and crticize and surpress and defend and be eaten alive.......or fight back and defeat FEAR with a bigger FEAR!
I have learned that fear is one of the most paralyzing forces known to man. Some are a victim of fear. Some use fear as a weapon and some never even thought about t until this post. So if some PRICK is trying to instill fear in me, maybe my JOB is to create a BIGGER fear for HIM?? Sound reasonable?
So when it comes to Reverse Domain Name Hijacking for example, I think I have been able to create a bigger FEAR and that makes folks think of the consequences before rather than after and that leads to different thinking. FEAR backed up by EXAMPLE!.
Now most missed this little tidbt last weekend but the CEO of P&G rsigned over the Memorial Day Weekend. No fanfare. Effective immediately. Did it have something to do with Swash.com and this post?? I don't know but a Bob McDonald was there for over 30 years............something exploded.
So for folks that don't like my style, tough. It's MY style and I suggest you get some style of your own. That way I get to do what you do!
We all get to get angry in a different manner when sharks try and bite and when sharks try and steal. What works for me, may not work for you. What works for you, may not work for me. I look at too many that DEMAND respect but never takes an opportunity to EARN respect. My rections may be "Colorful" but it certainly beats a wrong minded reaction based on being a minnow that fears answers to questions still being asking.
They use intimidation and fear. But if your intimidation is more dangerous and their fear is greater, then you have changed the equation and you have changed it in YOUR favor and the more you do that the less you have to deal with it.
Predators are sharkes by definition. The light of day is the enemy of a business shark. Don't like my style, fine, I'll gladly step aside and allow somebody else to fight the fight and put themselves out there for public ridicule. Step right up Captain Courageous. Minnows don't qualify. Step right up. Just use your REAL name!
There is not a word here that I can say that matters more than those from attendees.
They decide whether the show was a success or not.
They decide if it was worth leaving the comfort of their homes.
They decide over the course of the weeks and months ahead whether they got value.
And they decide whether it is worth coming back or not.
So I can only say things from our stand point.
The group was stellar.
They were upbeat and enthusiastic.
There were some 40-50 new faces. Many from outside the USA
The hotel was first class in every way.
There were lots of places to go to comfortably network.
Some of the greatest Rags to Riches stories you will ever hear. Makes you want to slap silly some folks with no excuse whatsoever.
More spouses in attendance than ever before.
I want to thank each and every speaker for taking their time and energy to share things that sometimes are not easy to share. Well done!
Shane's mom was a rockstar and I never even got to introduce myself to her because she always had a crowd.
I was getting Freddy Von Schnauzer withdrawl but Bailey stepped up to fill in some of the doggie love.
I missed most of the show because I got a severe case of food poisoning at Olives the night before the show started.
I was no fan of Todd English before so you can imagine how I feel now as I am still recovering from a Tuesday night "Killer" meal.
And as I got off the red eye this morning I had one red eye on the October show that is just 4 months away and the $995 early bird expires tonight.
The other red eye focused on doing this all over again the exact same time, place and venue next year in Las Vegas.
Also a tip of the hat to the Bellagio staff that was flawless and to the physical hotel itself which as just beautiful in every way
My only tip is when you order eggs for room service, get them fried as the scrambled eggs arrived DOA each and every time and were uneatable.
Glad to be home and now we get to start working on the Fort Lauderdale show tomorrow.
But right now I am exhausted and I am sure I have loads of company.
So let me just say I hope those that attended got great value and those that did not, I hope we see you either next year in Vegas or in October in Fort Lauderdale.
And so ends my first post on Wordpress.
Have a GREAT Day!
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