Domain Industry News

“Gonna Party Like its 1999”

Pardon me for stealing a line from Prince’s “1999,” but I think it is relevant for the topic of whether Internet companies are currently suffering from Irrational Exuberance, creating an Internet bubble similar to the one in 1999 and bursting the following year.

Dot-com fever stirs sense of déjà vu,” an written by Brad Stone and Matt Richtel featured today in the International Herald Tribune, discusses the idea that a great deal of Internet companies are overvalued, similar to the conditions that existed just before the .com bubble burst in 2000.    

Up until the bubble’s sudden burst, investors valued fledgling Internet companies at much higher revenue multiples than they could possible ever realize, effectively creating unsustainable valuations.    Investors were buying into unproven concepts, and unproven company founders were spending their newfound wealth unwisely. The article points out many similarities between pre-bubble 1999 to the conditions seen in today’s markets. The naysayers believe that today is different because many of the successful Internet companies are generating positive cashflow now, however, it seems like they are spending it recklessly on new startups without regard to potential revenue.

Like the original Kings of the Internet who wasted billions of dollars on unnecessary luxury items, the new Internet Titans should remember the failures of the past. A business is only as strong as its revenue and growth, and based on the experience of people in the online adult entertainment business, viewers don’t necessarily bring revenues. As Aaron Kessler of Piper Jaffray said in the article, Internet companies “are buying users instead of revenue and profitability.”

Exciting Announcement on Thursday…

Stay tuned for an announcement on Thursday afternoon…   I am very excited about it and can’t wait to break it…

Saga of Nissan.com

The saga of the domain name Nissan.com is fascinating. For years, Uzi Nissan and the automaker Nissan have fought several court battles for Nissan.com. In December of 2002, a court ruled that Uzi keeps the name but he cannot use the domain name for the following purposes:

“1. Posting Commercial content at nissan.com and nissan.net;
2. Posting advertising or permitting advertising to be posted by third parties at
nissan.com and nissan.net;
3. Posting disparaging remarks or negative commentary regarding Nissan Motor
Co., Ltd. or Nissan North America, Inc. at nissan.com and nissan.net;
4. Placing, on nissan.com or nissan.net, links to other websites containing
commercial content, including advertising; and
5. Placing, on nissan.com or nissan.net, links to other websites containing
disparaging remarks or negative commentary regarding Nissan Motor Co., Ltd.
or Nissan North America.”
Source: Nissan.com website

These restrictions essentially prevent Uzi from generating revenue from Nissan.com, causing him to solicit financial support to fend of Nissan in future legal battles. Basically for Uzi, owning Nissan.com is like owning a giant piece of land right next to an active diamond mine, but not being permitted to mine for diamonds. If he would want to sell this piece of real estate, he could potentially open himself up to a UDRP case.

The end goal of most domain investors is to sell their domain names to end users. I can’t think of a better end user for Nissan.com than the automaker. In my opinion, instead of Uzi’s public fight where he is forced to ask for donations to continue to stave off the far wealthier automaker, Uzi should have someone reach out to Nissan on his behalf and sell the name for a hefty sum. He might give up the rights to his domain name, but at this point, the name is worth FAR more to the automaker. This has become a battle of principles, and I believe Uzi might be smart to sell the domain name.

Instead of having to ask for donations, he will be able to give tzedekah and represent his family name and heritage in other ways.

AC/DC Acquires ACDC.com Legitimately

AC/DC wins back website from porn business

According to this news article, AC/DC now owns the domain name ACDC.com. Although the article’s title led me to believe that this was a WIPO decision (“wins” rather than “buys”), it appears they acquired it the old-fashioned way – paying for it. From the article:

“For years the domain name acdc.com was held by a porn site with metal fans perhaps getting more than they bargained for every time they clicked.

But after years of wry tolerance the band’s management in New York has finished negotiations to reclaim the name and launch the brand at its rightful place online.” — Source: News.Com.Au

This really was a smart move by the band’s management team. Considering the amount of traffic the domain name probably receives, the price was clearly significant. The band could have easily tried to take the name in an underhanded way, via WIPO filing, but they opted to go about it the more legitimate way. Had they filed a WIPO, it would have cost the owners quite a bit of money to defend the name, and it might have irritated them enough not to consider selling it had a decision gone in their favor.

Kudos to AC/DC and their management for realizing the importance of ACDC.com, and for buying the domain name that is of highest value to them.

NameJet Launches, Partners with Net Sol

NameJet, which launched yesterday, is a new company entering the competitive deleting domain acquisition area of the domain business. In a partnership with Network Solutions, NameJet will be responsible for acquiring and auctioning Network Solutions’ deleting domain names. According to TechCrunch’s Michael Arrington,

“NSI, exercising a change in control termination clause, notified Snapnames/Oversee today that they were terminating their agreement and simultaneously launched Namejet with a rival registrar eNom (eNom is owned by Demand Media).” Source: TechCrunch

This development was reported on Jay Westerdahl’s blog on October 1st. His report included information about a trademark application made by Network Solutions for NameJet.

It looks like starting the Snapnames Seller Program was a smart move for Snapnames, but I hope they don’t lose their active bidder audience, which is the reason I personally listed many names with Snap. So far, I have had success with the program, and I must say their customer service is fantastic.

CADNA Responds to ICA’s Code

CADNA Responds to ICA’s Adoption of a Member Code of Conduct

The Coalition Against Domain Name Abuse (CADNA), a non-profit association created to stop various domain name abuses, has responded to the Internet Commerce Association’s (ICA) 8 point member Code of Conduct. The code was created to promote industry best practices to all domain owners in order to maintain ethical business practices. CADNA is most concerned with the points related to infringement upon other companies’ trademarks, as their membership is comprised of some of the largest companies in the world, including, AIG, Dell, Marriott, Yahoo, Verizon, and several others.

CADNA’s response includes three additions to help enhance the code of conduct. Their suggestions include:

“First, ICA members should oppose domain name tasting (not just kiting), and using a third party’s brand, or other trademark misuses, without permission. Such actions should be avoided altogether, even if the name is registered for less than five days.Secondly, ICA members will not monetize (serve ads) on behalf of their third party customers’ domains that infringe upon brand names without explicit permission of the trademark holder. This commitment includes agreeing not to register domains that are confusingly similar to brands.

Lastly, ICA members who are registrars will not taste domain names themselves, and they will not wait for ICANN to establish a policy to uphold their fiduciary obligations to the public.”(Source: CADNA Press Release)

As a Professional Member of the ICA, I agree with all of their points. In the past, I bought non-infringing names before dropping them within the 5 days, but that wasn’t to test traffic. I did it when I first started in the business to try and take a $7 registration to flip it for $25 a couple of days later. I don’t think this is particularly harmful, but since many people use the loophole to quickly test traffic on potential trademark names, I don’t see the harm in closing it.

I don’t believe a domain owner should have the right to own a clear and undisputed trademark domain name. In my opinion, nobody except Verizon has the right to own a domain name like VerizonMobilePhones.com except for Verizon.

The most difficult situation is determining when a domain name clearly infringes upon someone else’s trademark. Just because a domain name happens to have the letters “aig” and “insurance” in them, doesn’t necessarily mean it is infringing on AIG’s brand trademark. For example, AIGInsurance.com would clearly be an infringing domain name; however, PaigeInsurance.com, a NH-based insurance company run by the Paige Family, would not infringe simply because it has “aig” and “insurance” in its domain name.

One point of interest related to this press release is the lack of actual press it seems to have received. When CADNA was created a couple of months ago, I read news articles everywhere. My Google Reader sent me PR notices from tens of news outlets throughout the world. For this press release, I didn’t hear about it until 4 days after the release, and had someone not posted it in one of the forums, I wouldn’t have seen it at all (Thanks to Josh Melamed for posting it on Rick’s Forum!)

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