Could Market Basket Come After Owner of MyDemoulas.com?

Elliot Silver
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13

Every so often, I check out my hometown newspaper, The Nashua Telegraph to see what’s happening in the area I grew up, and once in a while there’s an article of interest to me related to my business.

Yesterday, there was an article about the owner of a new website called MyDemoulas.com, which is an informational website about a fairly large New England Supermarket chain called Market Basket. The Market Basket chain was originally founded by the Demoulas brothers (ironically in Lowell, Massachusetts), and it was known as Demoulas Market Basket. I remember my family referring to it as both “Demoulas” and later, “Market Basket.”

Getting to the point, Market Basket does not have its own website.  To make up for this lack of a website, a local web developer named Michael Devaney created MyDemoulas.com, which has information about store locations and hours, circulars, special offers…etc. His site fills in for where Market Basket neglects their online audience, and the site is not associated with the chain.

The website clearly states that it’s “The only Market Basket website,” and it uses the Demoulas name in its domain name. In addition, the article mentions that Devaney is generating revenue from this website, and it also mentions that the company has not bought the website, despite “a number of inquiries” from Devaney.

There is no trademark for “Demoulas” in the USPTO, but I would imagine they could have some rights to it, especially when used in this way. In fact, I would bet they would be  vehemently  opposed to someone opening a supermarket in New England call Demoulas, since that name still means something to many (probably common law rights would be asserted if nothing else).

In my opinion, the owner is on shaky legal ground because he is profiting while using marks related to the Market Basket chain. I am not a lawyer, and it doesn’t seem like he has explicit permission to use the Demoulas domain name, especially in association with a Market Basket site.

It bothers me that an article like this was written.

For one thing, it encourages others to do similar things, although many might not have the technical skills to implement a website, so they could simply stop after buying a potentially infringing domain name. Secondly, it could put the guy in a bad spot, if Market Basket does build its own website and doesn’t want to be generous with this guy. They could possibly file a UDRP for the domain name or even a Lanham Act lawsuit.

I am all for entrepreneurs building businesses, but if you plan to use another company’s mark or brand, I believe you should get their permission first.

Gmail Chat Suggestion: Turn Auto Add Contacts Off

Elliot Silver
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7

Yesterday evening, I received a Gmail chat message from someone I didn’t know asking why I requested to add him to his Gmail chat list. I didn’t recognize his email address, and I certainly hadn’t requested someone to be added to Gmail chat since I hardly ever use it.

I assumed it was another domain investor, so I did a quick Google search for the email address of the person who contacted me, and it turns out that the email address is the Whois address on file for someone with whom I was emailing about domain names last week.

I didn’t know why Google did this automatically, but when I looked in my Gmail settings, I noticed that this option was checked off: “Automatically allow people I communicate with often to chat with me and see when I’m online.”

If you are a frequent Gmail user and don’t want to weird people out by having Google request inclusion on their chat list, you should select this option: “Only allow people that I’ve explicitly approved to chat with me and see when I’m online.”

Quick Tip: Use Browser Shots

Elliot Silver
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10

If you’re developing a website, you’re going to want to make sure it looks the same and works the same (or similar) in all web browsers. BrowserShots.org is a website that allows you to see how a website looks in many different browsers and browser versions.

Since I use my MacBook, I don’t have access to Internet Explorer. I rely on Firefox, Chrome, and Safari to check out my websites, but it’s important to know how the site looks in IE. Similarly many PC users can’t access Safari, and many don’t have more than a couple browsers.

A couple of days ago, someone emailed me to let me know about an issue with one of my websites, which he noticed in IE8. Fortunately, I was able to ask a couple of friends for screenshots and get home page screenshots in a variety of browsers using BrowserShots.org. I was quickly able to address the issue.

Browser Shots allows you to look at dozens of browsers and browser versions, and it’s a helpful tool to use. If you’re developing a website, you will want to use Browser Shots as you go.

Even a Mini, Mini Site Can Out-Earn a Parked Page

Elliot Silver
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20

Last week, I took one of my parked domain names and built a very small website, monetized with Adsense. The domain name had received a fair amount of direct navigation traffic, but it wasn’t making much money as a parked page. I figured it couldn’t really make any less with Adsense, so I would see how it does.

I was surprised at how much more revenue was generated during the past few days, granted we’re not talking about a lot of money. While it had a PPC page up for a full month, the domain name generated 42 clicks and made just a couple of dollars. In the few days since I’ve had my “mini site,” the domain name has received just 8 clicks, but more than double the revenue.

Time will tell how the site does during the year, but right now it’s only making money from direct navigation traffic. If and when it gets indexed, it will hopefully generate some search engine traffic and potentially drive more revenue.

Of course, we need to take the time of building it into account. I purchased an article from TextBroker.com for $5.00 and paid about $125 for the logo (I intend to build the site out further, hence the logo expense).  I also used a free template for the base of the website, and it was fairly easy to modify on my own, even with my limited experience.

All in all, if it makes $500 this year, it will pay for itself and my time.

I am not going to mention the domain name because I don’t want to draw attention to what the site looks like or where it was previously parked.

Why I Am a Verizon Wireless Customer: An Example of Excellent Customer Service

Elliot Silver
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10

VZWI’ve been a longtime Verizon Wireless customer, and I am very excited to hear the iPhone news because I will almost certainly upgrade when I have the opportunity. I got my first Verizon cell phone back in 1994 or 1995 when I was a sophomore in high school.

Over the years, I’ve had small issues with various phones and plans, but they were generally worked out in store or over the phone. In July of 2002, I had an issue with a LG flip phone. The store wasn’t very helpful, nor was the customer service phone line. It would have cost roughly around the same amount of money to cancel my contract than to buy a new phone, and I was ready to switch carriers out of frustration.

It was late at night, and I was home from grad school for the summer break. I figured I would try and find a senior executive marketing contact at Verizon and hope for the best. I figured a marketer could relate to a marketing student and possible take pity. I did a bunch of email guessing and sent an email to the then Chief Marketing Officer, John Stratton at half past midnight:

“Dear Mr. Stratton,
I am terribly sorry to bother you, and I know this does not pertain to your field, but I am at my witts end with VZ and I need some help. Because I am attending graduate school for marketing, I felt that you might best be able to relate to my current situation.”

…….etc….. situation explained….. etc.

“I am terribly sorry to have bothered you with this issue that has nothing to do with marketing, but as I have said I am completely exasperated with the lack of support that I have received. Please inform me of what I should do, as I would like to remain a loyal customer of VZ.“

By 7:30 the next morning, I had this email in my inbox from Mr. Stratton, which resulted in my receiving a new mobile phone later that day:

“Thanks for taking the time to write me re: your frustrations with your phone. Let me assure you that your lack of satisfaction is my business, whether it’s a marketing issue or not. Your allowing us the chance to make it right is fully appreciated.

I’ve copied Rich Meigh, our VP of Wireless Devices, on this message. I’ve asked have someone contact you directly to resolve this problem as soon as possible. You’ll hear from us within 24 hours.

Thanks again for your message. I hope we can rapidly restore your confidence in Verizon Wireless.”

As mentioned earlier, it is now around 8.5 years after this email exchange. This is approximately 102 months, and if you figure I’ve paid in the vicinity of $70/month for that period of time, that email has generated somewhere north of $7,000 in revenue for Verizon Wireless, not including the cost of devices and that my wife also switched to VZW a few years ago from AT&T.

This really has nothing to do with domain names or domain investing, but it’s a testiment to the value of great customer service and going above and beyond a job description. Mr. Stratton could have easily not responded or simply apologized, but he didn’t, and his company has benefited from my continued loyalty.

Today, it is no surprise that Mr. Stratton is the Executive Vice President and Chief Operating Officer of Verizon Wireless, and I am a happy Verizon Wireless customer.

Sunday Afternoon Update

Elliot Silver
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18

Just relaxing today, trying not to do much work. Just some football, the gym, and some good food.  I am a bit envious of my friends and colleagues who are out in Vegas right now. Seems like a very good weekend to be there.

I’m excited about the rumors of a Verizon iPhone, supposedly being announced this Tuesday just a few blocks from me in Lincoln Center. It’s amazing that I was a pc user just a few years ago, but now I’ve got a Macbook, iPad, iPod, Apple TV, and soon an iPhone.

Here are a couple business updates:

– I decided not to attend DomainFest this year. I am going to go skiing out west instead, and taking two trips across the country in less than a month isn’t desirable to me.  I am sure it’s going to be a good show, and I will probably regret not going, but there are going to be plenty of others this year.

–  This is common sense, but if you wait until the last second to snipe a domain name at NameJet, you should be mindful of potential slow loading pages (or slow hands). I wanted to bid on BandForum.com last night, and since there weren’t bidders, I waited until the last second so nobody would see me bid. The page didn’t load fast enough, and I didn’t end up getting my bid in time, so another person was able to buy it for $69. Good buy, IMO.

– If you rely on one web developer or designer for a majority of your work, it’s always good to have a back up just in case. People get sick, take vacations, or have other projects that take  precedent  over yours so your work may be on hold if something comes up. Having a back-up developer or two is important.

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