Posts from — January 2011
US Wants To Make Loser Pay For All Costs & Domain Transferred Under New Uniform Rapid Suspension (URS): ICA Responds
On last Friday, January 28th the U.S. Department of Commerce (DOC) submitted a paper to ICANN’s Governmental Advisory Committee containing its suggestions for what position the GAC should push for at its February 28 – March 1 meeting with ICANN’s Board.
According to the letter the U.S. wants the GAC to ask ICANN to make the Uniform Rapid Suspension (URS) into a “loser pays” system.
The DOC also wants ICANN to give trademark holders the right get the domain names transferred to them instead of the currently proposed system in which the domain is simply suspended by the registry.
The combination of a “loser pays” rule along with giving the trademark holders the right to get the domain transferred to them, would very likely increase the number of cases filed by trademark holders and would put additional pressure on domain holders to hand over their domains on receipt of a C & D Letter.
Under the current system (UDRP), while a domain holder has to pay his own fees and costs the if the domain holder would also responsible for the trademark holders legal fees the “risk” to the domain holder increases many fold.
Trademark interests are usually represented by large national law firms which have a LOT higher hour rate than those attorney’s who general represent domainers in such proceedings. While many attorneys who represent domain holders charge a flat rate of $1,500-$5K to defend a UDRP, a trademark firm’s fees could easily run into the five figures.
Trademark holders typically push a lot of paper in UDRP including a lots of exhibits, have staff do research, charge a high hourly rate for all the work, and losing domain holders will be paying for all of that.
The URS was proposed as a supplement to, and not a substitute for, the UDRP and that a losing registrant would face domain suspension but not transfer.
If domain transfers are made available through the URS, the URS would wind up being the mechanism of choice for trademark holders.
The URS will have cheaper filing fees, with a much quicker time frame for decisions.
Therefore if the DOC requests are adopted by ICANN, trademark holders would file most of their cases and certainly all of the cases which they feel they have a substantial likelihood of success under the URS rather than UDRP.
Who could blame them?
If trademark holders could get their costs and fees paid by from the domain holders and get the domain name transferred to them, in a quicker process why would they bother with UDRP’s?
A couple of days ago we we wrote about possible UDRP reform, but if these demands of the US government are adopted, trademark holder’s won’t need to use the UDRP process thereby making reform a non-issue.
(There are other issues raised by the DOC letter but we will address those in separate posts.)
Once again I reached out to the Internet Commerce Association Phil Corwin for comment on this action by the US who said:
“The ICA is extremely concerned about the position paper’s stance on the URS, which go beyond even the original IRT recommendations, which did not recommend a “loser pays” regime and which made clear that the URS was to be a supplement to and not a substitute for the UDRP (that is, no domain transfers via URS).
“We we intend to communicate those concerns to the Dept. of Commerce as well as to Congress.”
“So we’re going to request that DOC withdraw its URS position and instead support initiation of a consensus process for UDRP reform”
“ICA is also concerned that a US position which implies that the GAC has the ultimate say in ICANN policymaking is subversive of the entire ICANN process, which is based on a bottom-up consensus process that ensures a large role for the private sector and civil society in determining policy.”
January 31, 2011 Comments Off on US Wants To Make Loser Pay For All Costs & Domain Transferred Under New Uniform Rapid Suspension (URS): ICA Responds
Godaddy has released another teaser picture of the new Godaddy.Co girl.
Over the last weeks we got a teaser picture of her legs, then her butt, and now we have the chest.
So let the guessing continue, but for those who picked Betty White, I think your out of luck.
January 31, 2011 Comments Off on Another Picture Clue For The New Godaddy.Co Girl Is Released
Today my company is finally officially launched it corporate site at wwmi.com (WorldWide Media, Inc.)
We actually have some pretty big plans for 2011, some of which you will hear as early as tomorrow in a press release scheduled for Tuesday AM. (You may get a hint if you check out the site)
While we usually don’t promote out own projects and/or domains, but, well sometimes you just have to.
As I have been saying for quite a while the Domain world is on the verge of a giant leap forward and we plan on being a big part of it.
As for the Blog we are planning on continuing to pump out the stories of import to all domainers and the industry and no we are not getting bought out, but just moving forward.
As far as MostWantedDomains.com we just concluded 2 sales last week for a total of $250K which you should be hearing about shortly.
If your at DomainFest this week I will be speaking about domain sales on Thursday Morning at 9:30 on a panel along with my Good friend and extremely successful domainer Larry Fischer as well as Kathy From Sedo and Jason from Buydomains.com. I will also be hosting a “Dine With The Experts” lunch on Thursday (sorry all sold out).
If you can’t make the show we plan on blogging from it as much as possible.
OK That’s enough self promotion for one post.
January 31, 2011 Comments Off on WorldWide Media, Inc. Launches Its Corporate Site At wwmi.com
History Does Repeat Itself: Historia.com Hits The Auction Block At NameJet 1 Year After It Sold For Over $40K
The domain name Historia.com is back in pre-release at NameJet.com just about one year after it sold on NameJet.com for over $40K.
There is an old saying that history repeats itself, and that saying is proving to be correct.
Historia is Spanish for History.
Although the domain backorder period for Historia.com doesn’t close for a week (Feb 7th) there are already 174 bidders.
Historia.com sold on NameJet.com on February 11th 2010, with a high bid of $40,300.
I reached out to the winner of last year’s auction, MrsJello who told me he won the auction “but felt there was a fraud bidder who bumped the price, reported to namejet, but they did not want to sell at the last price before the “fraudster” was envolved…”
Typically when the winner of an auction on Namejet.com or SnapNames.com fails to pay for the domain, the domain name is placed back into auction shortly thereafter in an auction only opened to those who originally back ordered the domain.
However in this case, not only has it taken a full year for the domain to return to auction, but the auction is now opened for all to join.
I reached out to Namejet.com for comment last week.
Now in complete fairness The GM of NameJet.com has changed in the year since the 1st auction took place and in a response I received via email several days ago, he said he had no knowledge about the situation, but would check into itt and get back to me.
Hopefully NameJet.com will leave a comment on this post letting us know what happened, but for now we have a lot more questions than answers.
January 31, 2011 Comments Off on History Does Repeat Itself: Historia.com Hits The Auction Block At NameJet 1 Year After It Sold For Over $40K
January 31, 2011 Comments Off on WIPO Domain Name Decision D2010-1949 for revlonflatiron.com
January 31, 2011 Comments Off on WIPO Domain Name Decision D2010-1951 for buy-valium-pills.com
January 31, 2011 Comments Off on WIPO Domain Name Decision D2010-2157 for p90x2sale.com
January 31, 2011 Comments Off on WIPO Domain Name Decision D2010-2119 for areva.mobi
January 31, 2011 Comments Off on WIPO Domain Name Decision DCO2010-0047 for missoni.co
January 31, 2011 Comments Off on WIPO Domain Name Decision D2010-2158 for cheap-p90x-dvd.com