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Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims.
When I was growing up, one of the annoyances of life in New York City was squeegee men. When your car was stopped at a light, these guys would run up, make a few swipes at your windshield with a squeegee, then look menacing until you gave them a tip. It occurs to me that domain "monetizers'' are the Internet's squeegee men. If I make a minor typing error entering a domain name, they run up and offer to sell a link to the place I wanted to go (well, they sell the place I wanted to go a click from me, but close enough.)
Boy, this case got a lot of attention when it was first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used tube mills, used pipe mills and used pollforming machines. The plaintiff operated a website at utube.com. As you might expect, like most other industrial B2B vendors' websites, utube.com had a small but targeted audience. With the phenomenal and quick rise in popularity of YouTube, a lot of web users mistyped youtube.com and entered utube.com instead, causing utube.com to suddenly experience disproportionate popularity. Unfortunately for the plaintiff, few of these visitors were interested in pollforming machines... The plaintiff sued YouTube for trademark infringement...
VentureBeat is running a story by Mark Coker, going over the recent boobtube.com auction and its eventual cancellation due to misrepresentation of ownership. Mark writes: "Sedo, the world’s largest domain name auctioneer, sold a popular URL, Boobtube.com, for $41,688 last week, but then turned around and canceled the sale because the seller didn’t really own it." The author, who was also one of the boobtube.com auction bidders, questions the maturity and trustworthiness of the domain name exchanges, which are currently handling several hundred million dollars of trades.
A case study by Efficient Frontier mentions how using the Google Adsense for Domains network doubled the conversion ratio of search ads for their clients. According to their website, "Efficient Frontier manages more than $400 million in annual PPC spend under management, counts 80 of the top 500 search advertisers as clients and manages over 30 million keywords"... "When we analyzed the results, we were shocked. We didn't expect to see that domain park sites can bring in the quality of traffic necessary..."
I've mentioned the topic of personal IE domains on here more than once in the past [also discussed here on CircleID] and in my conversations with the IE Domain Registry. Just to recap; Under the current rules you cannot register johndoe.ie if your name is John Doe. You would have to add a number to the name, thus rendering it totally useless eg. johndoe7.ie or something of that style...
As the year progresses the number of mergers and acquisitions in the domain industry is increasing at an impressive rate. Hot on the heels of GoDaddy's acquisition (saving?) of RegisterFly another media company acquires a domain company. Is anyone beginning to see a pattern emerging? Oversee.net has acquired SnapNames... It's an interesting acquisition for Oversee.net which already owns DomainSponsor as well as a very interesting portfolio of domains.
This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better...
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process.
ICANN seems to be out to re-prove Hirschman's theories of exit, voice, and loyalty by driving all of its good people to exit rather than giving them meaningful voices. Thomas Roessler, a long-time advocate of individual users' interests on the interim ALAC now suggests it's Time to Reconsider the structure of ICANN's At-Large, as he feels compelled to promise himself not to get involved with ICANN again...