A Good Contract Starts and Ends with Good People

Morning Folks!!

A good contract starts and ends with good people.

Pretty simple. It's at the core of how I view things.

No contract can protect you from bad people or people who can't follow thru.

So that means that the people who sign the deal are the most important. Their character is key.

How do find out if they are good or bad when you don't know them?

Easy.

The contract stage is the courtship stage. It's like planning a wedding and your nerves will always be tested. It is just one of the elements involved in getting to a contract to begin with. Lots of flirting along the way. Many times taken way too seriously. After all the discussion before the contract is just a business flirtation. To see if you want to go steady and then get married. The contract, the marriage license, the pre-nup are all the same.

Some folks are walking calamity's when it comes to contracts and they always find themselves on the short end and then trying to enforce something not worth enforcing. They usually have a few elements in common and did not have a pure meeting of the minds and then expect too much. Those deals are destined for failure.

I am sure most of my readers have many active contracts. Some contracts are weak and some contracts are strong. But A good contract starts and ends with good people with good will that agree on a common set of circumstances and have a clear meeting of the minds. If's and then's. If this happens then I get that. If that happens, you get this. The simpler it is the stronger the contract is.

And today we are busy taking care of our portfolios, in time that will change and our #1 job will be keeping track of more and more contracts. Each domain name married off and on their way with a contract to a partner you have yet to meet. Exciting times are coming!

Rick Schwartz

 

Jaguar/Land Rover Found GUILTY of Reverse Domain Name Hijacking (RDNH)

Afternoon Folks!!

When will these CHEAP BASTARDS ever learn? I can also call them would be THIEVES which is a LOT worse. I'll let everyone else play nice. I will keep calling them out until this stops. Sorry to the politically correct. You don't play nice with people who abuse the process and try to STEAL! You stick it up their asses, never let them forget and let it serve as a lesson to the next PREDATOR.

As Michael Berkens has reported today, 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.

Hope you folks are PROUD!!??

Another company run by CHEAP BASTARDS that has TARNISHED a brand forever! I am sure these idiots will be pissed at me, but they should be pissed at whoever internally signed off on this RISK to a Grand BRAND. If they worked for me, they would not see lunchtime. So let their anger flow! And why didn't they get a heads up by Jennifer M. Hetu of Honigman Miller Schwartz and Cohn LLP?? Surely at this stage you would think.......

They join a growing list of BIG names like Procter and Gamble and what I called the "Biggest Management Shakeup in 100 Years" in being labeled thieves by the governing panel. Let's see if heads roll before the end of the year on this mess. The entire decision can be found here and it is quite the read. DomainNameWire labels it as a "Scathing Critique".

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 can be certain I will have more to say about Jaguar and Land Rover and how they have soiled their brand. Cheap vs PRICELESS! Who is responsible there for this mess?? Who made that decision? Who approved it? Who?? Can you say SHAKE UP??!!

And I get to point to and USE Jaguar/Land Rover and Procter and Gamble to discourage the next CHEAP BASTARD that would rather STEAL than PAY!

Now as I offered Procter and Gamble, Jaguar/Land Rover can come here and respond or hide under their desks, think it is no biggie, then wait until the fallout happens. I will add them to the current list and repost. The Hall of Shame! The Scarlett letter. They OWN it!

Some say $100,000 fine would discourage this behavior.

CHUMP CHANGE!!

The price they pay NOW is far more serious and far more lasting. It's tarnishing a BILLION DOLLAR brand. The harm that was done was PRICELESS. It can't be measured, erased or fixed. $100,000 fine does not discourage and may even encourage. People losing their jobs over things like this is a much bigger price to pay but that is a small price to pay in comparison to the self-inflicted damage they have done. Their decision, whoever made them, whoever was involved in it should be fired. They risked the companies good name for what reason?? Folks should be able to see inexcusable a mile away.

MORE TO COME!

Rick Schwartz

 

.Web, .Free, and Geos Lead Domain Investors Choices on new gTLD’s

Morning Folks!!

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.

Rick Schwartz

What are the Top 10 New gTLD’s?

Morning folks!!

So with 1900 new extensions coming to market which will be the top 10 Domain Investor Extensions?

Once you discount the .Brands, you will have maybe 1200-1500  generic extensions. Which are your favorite? Which has you LOL? Which ones do you think can eventually breakout over the next TWENTY years? Post your list.

Let's assume 10 could potentially break out of the 1200-1500 generics. 10 winners and a lot of losers. Guys holding the bag and there ain't much in the bag. But in with all the crap are a few gems. Which ones? Even a die-hard .com guy like me knows there may be ONE worth looking at. One? I would love to have an opportunity to repeat. I don't see it happening. But I would not fight it if it did. I would embrace it. But first I need to see 3 elements that are NATURAL. Need, Want, Desire. Now everyone goes blank the moment I mention these 3 words. Scares the daylights out of them.

Personally.....Need, Want, Desire is THE radio test for me. But folks are scared of those words when they NEED to embrace those words. You can instill.....Need, Want, Desire. That is what SALES is all about. But it NEEDS a basis. So what 10 would fit in the Need, Want, Desire category? What 5? I will continue to state that without the domain investment community most of them will die on the vine. But some will bear fruit. Which ones?

So if you are one that has a new extension coming, this is the time to start telling us the real benefits we will see as an investor or an end user and what they plan to do to educate folks about something few will even know about for YEARS. And we should make a note of those that shun domainers as they will eventually rethink things but will be way too late. There are some HUGE marketing pitfalls to come complicated by hundreds of other .whatevers that want to clean tour clock and out you out of business.

I really can't wait to see this fiasco. The likes of which we have NEVER seen in history of mankind. An invented need to invent $$$$. How many of them will open their doors and sell NOTHING other than friends and family? But for the HUNDREDS that sell squat, there will be a few that market right and create a Need, Want and Desire.

And Branding?? Well branding happens all by itself. Register 10 million names and you are branded. Mass usage is the best and purest branding. When folks come with their own Need, Want, Desire and it is your product or service they Need, Want, Desire. That is branding.

So who will break out? I have not even studied the list. It is overwhelming. Which ones have the best chance? Which ones have no chance?

At the end of the day it will be up to 3rd parties to embrace what is coming. But it will be the domain community that truly picks the winners.

Rick Schwartz

 

The Best and the Brightest are Fewer

Morning Folks!!

What happens when a society fills all their employment positions with less than qualified people?

What happens when a 45-year-old High School dropout has more knowledge than the grad with a degree or 2?

What happens when one know nothing teaches another know nothing and certifies them as qualified?

What happens in a dumbed down society in the face of other societies that are not dumbed down?

I don't have the answers today. I just have the questions based on what I am seeing.

The race to mediocrity.

Rick Schwartz

Are you a Domain Wallflower or Are You IN the Domain Game?

Morning Folks!!

Many folks are wallflowers that sit on the sidelines and then they wonder why this and why that. I wonder wtf they are doing on the sidelines to begin with? The rate of unemployment is irrelevant when there is more opportunity today than at any point in the history of the world. Can you even get your heads around that?

I know these folks are charming, dress well and can talk smack. I know they can point and criticize. I know they can complain. I know they can be bitter. I know they can blame. I know they don't want to be where they are at but guess who is responsible for that?

They don't believe in opportunity or seizing it or making hay when the sun shines or Murphy's Law.

Profit is a dirty word. Sales are a foreign word. Start-up may be another name for looking for a paycheck.

Maybe it is time to get off their ass. Get out of their comfort zone. Do something different. Stop looking for other people's money and start making some of their own. How? Sales, Profit and something folks NEED, WANT and DESIRE.

Then again maybe they just won't. Because the best predictor of today and tomorrow is still yesterday. So wallow away wallflower. But if you want to get in the game, start by stopping and thinking of a long-term strategy that you can repeat over and over and over again.

Some folks exercise in the morning to get things going. I like to ruffle a few feathers and that gets me going! Why? Nothing happens until you get out of your daily comfort zone.

Have a GREAT Day!

Rick Schwartz

Collaboration and Circulation are the Keys to Success not Branding

Morning Folks!!

Collaboration and Circulation are the Keys to Success on the Internet. It's really as simple as that. That is the 1 over 2 in this equation. That leads to the keyword BRANDING.

My friends, BRANDING is a bi-product of SALES! PERIOD! I know it may be too much to accept in the new thinking where PROFIT is not on the radar screen. Sahar sent me this link that goes a bit deeper into it. About ringing the damn cash register!

So let's lay some ground rules for ANY commercial and profit-making entity.

1. BRANDING is a bi-product of SALES!

PERIOD!

2. BRANDING is a bi-product of SALES!

PERIOD!

3. BRANDING is a bi-product of SALES!

PERIOD!

So many have it completely upside down and many f them reside on Madison Ave.

eToys.com did a GREAT job branding! Great! But since they sold nothing, they are OUT OF BUSINESS! Which Madison Ave. Agency did they use?

Borders did a GREAT job of branding! But since their PROFITS and SALES lacked, they are OUT OF BUSINESS! Which Madison Ave. Agency did they use?

The point is they should be talking about SALES and PROFITS but since they are stuck on BRANDING they are OUT OF BUSINESS!

Branding happens via CIRCULATION of a BRAND not the other way around. Madison Ave's MAIN job is to increase circulation. SALES!

You send out a press release to increase circulation and get sales. SALES! Branding is the by-product of sales.

CIRCULATION happens by SALES and people talking. (word of mouth)

So when BRANDING is your North Star to star, you lose more often than you win if you have a business.

Believe me, I am ALL about branding. That's what I do. But branding without sales is PURE BULLSHIT unless it is a social thing as I will display below!

These days I am doing some major branding. I am branding all those Reverse Domain Name Hijackers and making those PRICKS famous.

How do you do this? Collaboration and Circulation.

So this post has little to do with what you think.

It has to do with you helping US, you and me, branding and circulating thieves.

Yup, I want you to HELP ME and HELP YOU brand RDNH as the thieves they are so we can STOP this practice and at the same time reduce the entire number of WIPO and NAF challenges. How? Just go to this post and tweet, like or share. That is all I ask my readers to do. Each of you. I give you some great points and some worthless points. You choose.  But for that, just help me circulate this list. BRAND the list. BRAND the PRICKS that went out of their way to STEAL and got caught. Help me circulate. Collaboration and Circulation. That is the Internet. That is how you BRAND. If you hate me, then go to RDNH.COM and tweet from there. But NONE OF YOU should be sitting on your hands.

Now back to the original post.......

BRANDING is a bi-product of SALES! Branding can increase sales. But if SALES is not your North Star, all the branding in the world won't feed you and won't pay the overhead. Only PROFITS do that. Profits! Profits! Collaboration and Circulation leads to SALES and PROFITS and the RESULT is a BRAND.

Collaboration and Circulation leads to SALES and PROFITS and the RESULT is a BRAND.

Some folks got that equation ass backwards because they START with BRANDING. So go to this post and/or  RDNH.COM and tweet, like or share. That is all I ask my readers to do.

Rick Schwartz

What is the Evidence that the Recession is Over or About to be?

Morning Folks!!

Look from 2008-2013 and you will find that this has been the first set of posts I have talked about a recovery and the recession being over. Today I will explain exactly what I see and tell you why NOW is the time.

If you paid attention in 2008 the way the top economists explained the DIRE time we went thru as a ball bearing on a shiny, flat 18" plate that a restaurant server may carry over his head as he walks through the dining room and the ball bearing was out of control, rolling all over the place and the fear was the ball bearing would fall off the plate and the economy would crash and be out of control. Well the economy crashed but they held control because the ball bearing never fell off the plate. Barely! They admit it was out of control.

So why is the recession over now or about to be as I will explain? Well now they DO have control again. Now they can MANIPULATE things. Now they will use their power to make sure YOU and ME pay for the calamity that was mostly man-made by the political class.

But here is the real reason. Lets look at a Lawn and a Drought.

So a drought comes and your lawn is brown. That is a recession. Just using water as an example instead of money. So the lawn turns brown in 2008. In 2009 not only is it brown, it is brittle. By 2010 there are patches of lawn missing and the drought continues. Then a bit of rain happens in 2010 and some green appears. But then it does not rain again and back to even more lawn disappearing. In 2011 it begins to rain again. So green shoots appear. Then again another 9 months with no rain and the lawn is brown and dirt spots. Then 2012 happens and the drought is still present but there is some rain here and there and there is some green here and there.

2013 comes and the drought is still present but there are some spring rains and there are some folks starting to get more aggressive. But there is still a hot summer to get thru in 2013 and the drought is still a very big problem. But after the summer, NORMAL seasonal rains are going to appear and the difference is that this time the rain will be enough to carry things through the winter of 2014. But the lawn is improving. It looked a lot worse in 2010. There was some false hopes in 2011 and 2012. We are in the process of bottoming out right now. Bottoming out does not mean it is over. It means that you can see the end and plan for it and take advantage of it. I believe we are at the point where the economy can sustain itself as we move into the next business cycle that starts in mid August and int September and then beyond.

How?

By understanding what the politicians will do to. What people will do. What business will do. What stagnation looks like. What stagnation is Stagnation is already in the rear view mirror even tho some are getting a glimpse of it right now because just like a big bad storm, the worst sometimes comes at the tail end.

Now, it is dangerous to talk about politics but politics is at the bottom of this heap of shit called a recession and politics only makes things worse. People make things better. Time makes things better. Change of attitude makes things better. When folks get sick and tired. There are other factors at work. Anger and frustration are playing into the equation.

So when you step back, look at HISTORY and what politicians do and the manipulation that happens, it becomes fairly easy to predict things. Elections then come in play and things magically happen.

Look, I can go much deeper into the weeds but unless you are paying very close attention to some of the hardest to find info, it won't make sense. But when I say the recession is over it is not over in the sense of there is a big honeymoon and roaring comeback. It is the fact that we have bottomed out or in the midst of a summer bottoming out. The fact that after a very slow and hot summer, business will finally heat up in a HEALTHY way. The last weak companies will collapse and disappear and the lawn will be cleared of those dead weeds and make way for a green lawn period. Droughts and floods. That is the way of the world. That is history.

Look, there are MAJOR fundamental problems. We can't control things we can't control. It's ugly. But that aside because inflation will solve some of that.

And then look closer to home in our little pond. By the fall there will be many gTLD's rolling out. Some will do business. Some will collapse. This is a grand experiment of a grand experiment that has yet to prove itself.  But it brings in eyeballs, coverage and dollars. Where is the downside? Oh I forgot, because of being a victim to human nature so may of you worry and fear stuff you should not worry about or fear.

If you look to history you will find out where to be BEFORE you need to be there. Getting there AFTER is just following the herd.

When things change they change faster than you can react. For example the DAY the market turns, real estate adjusts 10%-20% immediately. A bear turns into a bull and so does the price of doing business. And it is no secret that the most desirable and the most undesirable properties sell FIRST!

In  early 2009 I wrote about the Economic fog we were in. There was zero visibility. Today there is clarity. Some of it is not pretty. But it is pretty clear that true stagnation is long gone and recovery is finally under way regardless of the significant headwinds and summer to come. Speaking of  summer, folks are going on vacations they may have passed up during the past few summers because they are sick and tired of being sick and tired.

Have a GREAT Day!

Rick Schwartz

The Finanical Recession is Over. But a Recession of the Mind Remains and Lingers.

Evening Folks!!

Over the past few years most companies and people have had an up and down review and a full inventory of where they were at and where they were headed. It was forced. The times dictated our actions. That made us leaner, meaner and smarter. Growth happens when we are challenged in a big way and overcome the obstacles. Once you learn to overcome obstacles and exercise that power, nothing can really hold you back.

So those with a keen grasp of what I just said see opportunity regardless of the "Times".

Some are victim of the times and others are empowered by the times. It's mind control more than anything else. Can you control your mind? Can you control what you see? Can you control where you go? Can you control where you are headed? Can you control yourself? Can you control an outcome? Can you control a result? Can you control your thoughts? Can you control learning? Can you control negative and positive?

Add 100 more. You will find you can control most of them but many have US controlled and maybe it is time in life to sit down and separate the two if you are not where we want to be or going in the direction we want to go. See others are and they deal with the same BS you and I do. However they can overcome it? Why? How? Maybe they know what they can and can't control.

And folks like that do it over and over again. In face of this or that. Sure, sometimes the pace slows down. But that's all it is. The pace slowing down and adjusting to it or resisting it. But not being a victim of it. Victims of this or that or even fear so many times set themselves up to end up that way. You can set things up for success or set things up for the unknown and worse.

I think the day we realize just how much control we do have is the day things change in our lives. So you can sort groups out all types of ways. Negative people and positive people. People that control what they need to and those that look to blame others.

But the most stunning thing is seasoned business people not knowing the difference between what they can and can't control and how they react to that. They mistake really bad times and low tide. Tides are an expected event. It can't be changed. But I see many react like it is a surprise event. I see all too often folks reacting to a tide and not really to the bigger picture. It then becomes confusing. I think separating those things is paramount in the path to success wherever your path may lead or whatever path you might choose.

Have a GREAT Day!
Rick Schwartz

What Happens in Vegas Will NOT Stay in Vegas!

Morning Folks!!


Regardless of the slogan, one thing I can assure you is that what happens in Vegas will not stay in Vegas and for very good reason. Actually for many reasons. But let's stick to the obvious. The walls talk and your movements are being recorded.


Probably the most densely populated camera city on earth and that is before we get to all the cameras that people have with the them. So the days of anonymity especially in Las Vegas are over.


But that really is only a sideshow to why the things that happens this week won't be contained to a few hundred but will be open to many millions. Open for weeks, months or even a lifetime. 


What we do at T.R.A.F.F.I.C. is a proven recipe. Something happens at our shows. Some folks come doubting and dejected and leave on a tidal wave high. Destiny happens at TRAFFIC. Both good and bad but overwhelmingly good because that is our only goal. 


Soon TRAFFIC will be entering our 10th year. What started as a one time event sprouted and expanded and became important to all. 2015 will mark the culmination of a 20 year plan and I look forward to handing over the wheel to someone to run for the next 10-20 years. 


All I know is each and every show has made an impact in my life and that of many others. Looking back to highlights of years gone by and TRAFFIC keeps popping up both personally and professionally because not only do you make a lot of memories, you make a lot of money too and that makes it even more memorable. Plus businesses have been born at TRAFFIC. Many of them.


There is only one really good reason to come to TRAFFIC. That's because it is in your own self interest and that is what it comes down to each and every time. And guess what? That's okay. 


So as folks begin arriving in Las Vegas, let the news stream out because what happens in Vegas will go worldwide and is no longer contained to a few ballrooms. So sorry Las Vegas, eyes and ears are everywhere. Just ask OJ. ;-)


Many folks will be arriving today and tomorrow and when it is all said and done each of those 250-300 will go home happy, energized and ready to do battle for the next 4 months until October whrn we do it all again!!


Rick Schwartz