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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.) more
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. more
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..." more
ICANN sent a 10-page letter to RegisterFly on February 21st threatening to terminate its accreditation. The letter is available here. ICANN's not exactly advertising this -- no conspicuous notice appears on its home page and, more curiously, no update has been posted by the Ombudsman despite two prior postings about RegisterFly in the past week. A member of the general public would be hard pressed to find out that any action has been threatened. more
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... more
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. more
A corporate name of any merged entity, at best, is really an outcry from the deep bottom of a corporation, all in search of attention and in pursuit of fame and glory. Whether you read a corporate brand name in a column, see it in a phone book, hear it on a radio, TV or come across it on the web, the name is always, a real show-off with a desperate mission to seek all the attention it can get...a corporate brand name is the single most important issue of corporate communications today. Equally, a domain name, the twin of a corporate name, still as to most CEOs, it is the most misunderstood term of corporate communications. Even now, domain name issues are often left to webmasters, ISPs and, sometimes to lawyers. It has yet to earn the respect as the single most important issue of e-Commerce and also to earn the respect as a real and a true passkey for global access for the web. more
On the face of it, Kieren McCarthy's Sex.com was a book that could have written itself: a notorious, well-publicised feud over the most valuable domain name in existence, between two charismatic men -- one a serial entrepreneur with a weakness for hard drugs (Gary Kremen), the other a gifted con-man with delusions of grandeur (Stephen Cohen). It's a story replete with vicious acrimony, multi-million dollar lawsuits, and rumours of gunfights between bounty hunters in the streets of Tijuana. Thankfully, McCarthy wasn't content to just bundle together all the articles he's written about Sex.com over the years and slap a cover on the front... more
I just got back this morning from attending the OASIS XRI TC face-to-face meeting with Bill Barnhill, Drummond Reed, Laurie Rae, Les Chasen, Markus Sabadello, Marty Schleiff. A number of good things came out of the meeting, which I'll leave for another blog because this post is about Internationalized Domain Names, not XRI. So we just opened the flood gates for Chinese and Japanese IDNs for .BIZ. This has been my brainchild for the past half a year or so, and represents a significant step forward for our registry in terms of internationalization. more
ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
For the last couple years the domain aftermarket has been hot again, we're seeing valuations not seen since bubble1.0, which saw valuations like 7 million dollars for business.com and 4 million for drugs.com. The TechWreck was induced by the NASDAQ crash of 2000 and the fun was over for awhile. What differentiates this bubble in the domain aftermarket from Bubble 1.0 is domain parking and monetization... The interesting thing is since then, the multiples on domain names have outstripped the multiples on developed websites. To me, this is the equivalent of the "inverted yield curve" that portends economic recessions. more
One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set... ICANN has tied itself with the issue of homographs, different characters that look the same or mean the same thing. Once people noticed that IDNs let you register different names that look the same, the intellectual property crowd that has always had a mysteriously great influence on ICANN went into a tizzy and they went into lengthy discussions on what to do about them... more
You may have seen a new proposal for a "mobile" top-level domain name for use by something called "mobile users" whatever they are. (The domain will not actually be named .mobile, rumours are they are hoping for a coveted one-letter TLD like .m "to make it easier to type on a mobile phone.) Centuries ago, as trademark law began its evolution, we learned one pretty strong rule about building rules for a name system for commerce, and even for non-commerce.
Nobody should be given ownership of generic terms. Nobody should have ownership rights in a generic word like "apple" -- not Apple Computer, not Apple Records, not the Washington State Apple Growers, not a man named John Apple. more
The ICANN Board voted today 9-5, with Paul Twomey abstaining, to reject a proposal to open .xxx. This is my statement in connection with that vote. I found the resolution adopted by the Board (rejecting xxx) both weak and unprincipled... I am troubled by the path the Board has followed on this issue since I joined the Board in December of 2005. I would like to make two points. First, ICANN only creates problems for itself when it acts in an ad hoc fashion in response to political pressures. Second, ICANN should take itself seriously as a private governance institution with a limited mandate and should resist efforts by governments to veto what it does. more
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