File this under funny things that you don’t see every day.
As you can see in the photo above, Frank didn’t have his badge and wasn’t allowed entry into the afternoon panel at DomainFest. Oversee.net CEO Jeff Kupietsky tried unsuccessfully to vouch for Frank despite showing the security guard his business card and proclaiming, “I’m paying for this event!”
After a few minutes of negotiating with the security guard, a staff member passed by and vouched for Frank.
Classic.
It’s very frustrating to see a generic / descriptive domain name taken away from a registrant via UDRP. Not only is it unfair, but it also adds to the cost of doing business, as a UDRP defense has become a risk that needs to be factored into any domain investor’s business model.
Back in late 2008, Balglow Finance, a Brazilian company operating a sunglasses business known as “Chilli Beans,” filed a UDRP for the descriptive domain name, ChilliBeans.com. The domain name was/is owned by Frank Schilling’s company, Name Administration, Inc. When the three person NAF panel ruled against Name Administration in November of 2008, the company filed a lawsuit in its Grand Cayman jurisdiction in order to keep the domain name.
I was just informed that Name Administration has prevailed in its nearly two year legal effort to keep this domain name. According to a release I received this afternoon, the companies agreed that “NAI’s use of the generic Chillibeans.com domain name violated no enforceable rights of Balglow Finance.”
Name Administration has agreed to transfer the domain name to Balglow for an undisclosed settlement. According to Schilling, “while it’s unfortunate that this dispute necessitated a trip to the Cayman Court, we are most pleased to have resolved the matter in such a mutually beneficial way.”
As a result of owning such a stellar domain portfolio of generic/descriptive domain names, Name Administration has been a frequent target of UDRP filings. Some companies wrongly believe they have more rights to domain names than his company, although they are most often proven wrong by UDRP panels. When I spoke with Frank, he discussed his company’s history with UDRP filings.
“We’re never looking to pick fights over IP rights and have really tried hard to do the right things in the domain name business, for a very very long time, but we’ve won 17 UDRPs. That should say a lot. Large companies often want what you have and don’t want to pay for it. They try to vilify you for making money with generic domain names, and the UDRP has created an unholy intimation that holding a generic name for profit is somehow bad. Well it isn’t! Everybody owns something – and when people challenge our generic IP rights we will spend whatever it takes to make our point that anyone is free to register a generic name on a first-come first served basis.”
It’s good to see Name Administration prevail in this dispute. I hope other companies realize that filing a UDRP for a descriptive domain name may seem like a cost effective option at first blush, but it can lead to a costly and drawn out legal battle if they mess with the wrong company.
I bet that there are plenty of people who read my blog that are very excited for today’s World Cup Final featuring the Netherlands and Spain. Since I am a betting person, I will put it out there that I think Holland is going to win the game. Without a doubt, this is going to be a fun game to watch.
On to a few updates:
Hope my American friends are having a nice Fourth of July holiday weekend and that if you live elsewhere you are also enjoying your weekend. Stay safe and enjoy the weekend! Here are a few updates from the domain business as well as my company.
Christie’s auction house in New York City held a special auction today related to a well-known domain investor: “Important Watches Featuring The Leo Collection: 31 Sophisticated Wristwatches Curated by Frank Schilling.” The auction featured a number of rare watches from watchmakers such as Patek Philippe, Rolex, Chopard, Panerai, and many others.
Today’s live and Internet auction grossed a total of $10,050,362. The highest price realized was a Patek Philippe tourbillion watch, circa 2008, which sold for $602,500. The pre-auction estimate for this watch was $500,000 – $800,000. There were a number of high quality watches that sold for less than $10,000 each.
It’s not entirely clear which watches were actually owned by Schilling, as there were a total of 387 watches included in the auction.
Ad:tech is an interactive advertising and technology conference and exhibition held several times during the year, in a variety of locations, including New York, Shanghai, San Francisco, Tokyo, Beijing, and other media centers throughout the world. If you are involved in the interactive space, you should make it a priority to attend Ad:Tech – even if you simply opt for the free exhibition floor pass. Ad:Tech New York will be held from November 4-6 at the Javitz Center in New York City.
I just learned that some of the domain industry’s leaders are scheduled to speak on a panel at Ad:Tech New York in November. The Domain Industry Workshop, “Domain Tips to Drive Your Business Forward and Save Money” is sponsored by leading domain investment companies, Sedo.com, Media.net, Name Administration, Inc., and NameMedia, Inc.
Featured panelists include Jeremiah Johnston, COO and General Counsel of Sedo.com, Div Turakhia, Founder and CEO of Media.net, Frank Schilling, Managing Director of Name Administration, Inc, and Bob Mountain, VP of Business Development at NameMedia. This panel will be held on Wednesday, November 4 from 2:10pm – 3:00pm.
If you want to sign up for a free exhibit hall pass, you must do so by October 2, or the price will increase to $35. You can also see all of the conference pricing options for the New York show on the Ad:Tech website.
