Important to Follow UDRP Proceedings

Elliot Silver
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If you have a portfolio of domain name investments, I think it is important to follow UDRP filings and decisions at the World Intellectual Property Organization and National Arbitration Forum. Hopefully you will never have a UDRP filed against one of your domain names, but it is a good idea to understand how the proceedings work and what panelists look at when they are making a decision.

I would say the majority of UDRP filings are pretty cut and dry. People buy an obvious trademark typo or they buy the exact trademark of a well known brand in a different extension, and the company files a UDRP proceeding to take possession of the name in a prompt manner. I think that is why the UDRP process was created. For the most part, the UDRP panel is going to find in favor of the trademark holder. Oftentimes, the domain owner doesn’t even spend the time or money even responding to the UDRP.

There are many UDRP filings that aren’t nearly as

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Pros and Cons of Non Disclosure Agreements (NDAs)

Elliot Silver
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I prefer to do my domain name deals with a non-disclosure agreement in place, or an agreement with the other party to not disclose details about a domain name deal. People in this business tend to feel strongly one way or another about using NDAs.

I thought I would put together a list of pros and cons about using non-diisclosure agreements on domain name sales. Since a non-disclosure agreement may impact the buyer and seller differently, I set it up from a buyer’s perspective and from a seller’s perspective. There is some overlap.

As always, I would be interested in reading what you have to say about using a non-disclosure agreement on a domain name sale. I am sure I left out some of the  pros and cons.

BUYER PROS:

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Consider Adding a Non-Disparagement Clause

Elliot Silver
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Let’s say you just closed a mega-deal. You’re pretty amped because the right buyer came with the right offer, and you closed a fantastic deal on a domain name. You may or may not have signed a non-disclosure agreement covering the negotiation and purchase price, but the company that bought it announces that it acquired the domain name from a cybersquatter. Not cool.

I’ve seen quite a few news reports, first person acquisition stories, and other types of articles that discuss how a company acquired a particular domain name. While most presumably won’t  divulge confidential information, the  company principals  might not be prevented from writing about the seller. Perhaps they were nice when negotiating for the sake of closing a deal, but behind closed doors, they are upset they had to pay a “cybersquatter” or someone who was “domain hoarding.” Whatever the case may be, you should protect yourself.

When I first wrote about

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Three Local Websites Not Functioning Due to Non-Renewal

Elliot Silver
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Yesterday, Google Alerts made me aware of three local websites that ceased to function due to non-renewal. This is a pretty common occurrence, but I thought it was interesting to read the local coverage because these websites are fairly high profile in their respective communities.

On WHEC Rochester website, there is an article headlined Domain problems takes Rochester’s official tourism website offline for week. According to the article covering the expiration of VisitRochester.com, “Visit Rochester says it happened last Tuesday without warning and the site averages thousands of web hits every day. Officials say Visit Rochester’s domain name expired.”

In south Florida, another tourism

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Ask for a Right of First Refusal

Elliot Silver
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Seller’s remorse is fairly common in the domain industry. As an active seller, there have been plenty of times I regretted selling a domain name I would like to have kept for various reasons. I have an idea on how to combat seller’s remorse just a bit.

When you are in the process of selling a domain name, ask for a right of first refusal if the buyer ever decides to sell the domain name in the future. Most buyers will say no because this could hinder a future deal, but there may be a chance that you could negotiate this into a deal.

I’ll explain how this would work. Let’s say you sell

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Why I Put a Time Limit on Domain Prices

Elliot Silver
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I’ve been more vigilant lately about putting a time limit on my sales offers, and it doesn’t have anything to do with domain sales strategy. The reason I have been doing it is to prevent someone else from frontrunning my domain names.

Here’s a scenario for you to illustrate my concerns:

I offer to sell a person a domain name for $5,000. He agrees to the price, and we have a

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