Geographic Domain Names

Domain Name Expires; City Believes Cyber Squatter Stole It

I was intrigued by an article I read in the Morehead News, a newspaper based in Morehead, Kentucky. What was I doing reading a Kentucky-based newspaper?   Well, I received a Google News alert about a domain name theft and case of cybersquatting and I checked it out. The article references CityOfMorehead.com, the official city website for a number of years.

According to the article, city officials seem to think “their website was stolen via ‘cyber squatting.'” I did a bit of research on the domain name, and according to a Whois search on the last archive date where the domain name was owned by the city, the domain name was set to expire on November 26, 2009. It appears to me as if the domain name was not renewed and someone else acquired it.

The business of drop catching expiring domain names is completely legitimate – and it’s the reason companies like Snapnames and Namejet are in business.It’s also the reason why several high profile domain name investors became very wealthy. It’s not necessarily from selling the expired names back to the previous owner, but by using those names for their businesses. Godaddy also allows people to place backorders on domain names, on the off-chance the name isn’t renewed.

The article quotes Jason England of Premier Quest ISP, the website’s host (according to the news article). England believes it’s a case of cybersquatting. He mentioned that when a domain name expires, there are people who will try to register it immediately, especially   “folks typically from the same type of geography that the majority of the world’s spam and viruses come from.”

Incidentally, the Administrative Contact at the time the city owned the domain name was premierquest@pqisp.com. Had someone paid the annual renewal fee of somewhere around $10, the city would still presumably own the domain name. Based on my experience, Godaddy sends notices 90, 60, 30, and 15 days prior to a domain name’s expiration – and possibly even more frequently.

As far as I am aware, it’s perfectly legal to register domain names – especially geographic and non-trademarked domain names – after they expire. Just check out what a UDRP panelist said about geodomain names recently when he referenced, ““the general rule that geographic names are not subject to trademark protection.”

I will provide an example to equate this to physical real estate,. If someone in Morehead, Kentucky decides he doesn’t wish to pay property taxes this year, I am sure the city will go after his property, maybe file a lien, and perhaps even seize it. They may even put it up for auction for others to bid on it once it’s seized. Likewise, when someone doesn’t renew their domain name, the registrar can put the name up for auction.

If the City of Morehead wishes to have this domain name back so they don’t have to order hundreds of dollars worth of stationery, they should hope the owner would want to sell it to them. Otherwise, they will be forced to use new email addresses, change all inbound links, and probably spend in excess of the $10,000 figure they quoted in the article. They now also need to worry about confidential emails addressed to @cityofmorehead.com email addresses.

I honestly feel badly for the City. This is a very good example of why domain owners need to be the Administrative Contact email on their domain names so they can be sure the bill is paid each year.

Vail Resorts Gets Domain Names

Vail Ski ResortsVail Ski Resorts seems to be way ahead of the curve when it comes to owning great domain names that are important to their businesses. I was doing a bit of research, and I noticed that Vail owns 3 of the 5 .com names for their resorts, which are also syonymous with the names of the towns in which they are located.

Vail Resorts owns Breckenridge.com, Vail.com, and BeaverCreek.com. They do not own Heavenly.com (owned by Scott Day) or Keystone.com (owned by Keystone Software). In addition, they also own another great generic domain name – Snow.com, which is used by the company as a vacation and travel planning website.

Vail Resorts also owns quite a few longer tail keyword domain names such as ColoradoSummer.com, KeystoneDining.com, and ColoradoPass.com. They aren’t using the long tail keyword names for SEO though – all of them seem to redirect to the Snow.com website.

Vail Resorts has also been a bit aggressive in attempting to defend their virtual turf, filing a UDRP for BeaverCreekReservations.com and VailResortVacations.com. The UDRP was successfully defended by domain attorney John Berryhill. Vail also filed an unsuccessful UDRP for VailOnSale.com, while they were successful in winning the UDRP for RockResorts.com.

Palermo.com Launched Using Scottsdale.com’s City in a Box Platform

Several months ago, I blogged about Fred Mercaldo and his team at Scottsdale.com who were launching their City in a Box platform, which they already successfully on sites like Sausalito.com, Chandler.com, Mesa.com, Tempe.com, and others. The sites are lauded for their contemporary look and ease of use, while the team behind the platform handles marketing and development duties.

Yesterday I received word from Fred that his team has launched Palermo.com, a domain name owned by domain investor Steve Kaziyev of NamePursuit.com. I’ve spent some time looking through the site with envy, and I think it looks great. The site has a lot of travel information, and visitors can make hotel reservations and learn about the city sites. Since Italians tend to use the .it ccTLD in their domain names, they are targeting American tourists with this site.

One of the challenges with a site like this will be finding local advertisers in Palermo. Restaurants, hotels, galleries, and other tourist attractions are presumably the target of Fred and his team, and it will be fun to watch the site progress. IMO, this is where the City in a Box platform outshines anything similar.

I am very impressed with the quality of the site, and I am hoping Steve and Fred will share results down the road. I am in talks with Fred and the Scottsdale.com team about developing one of my geodomain names, and I am sure I will share more information if and when something happens.

Congrats to Fred and Steve on this exciting launch.

Things I Would Have Done Differently on My GeoDomain Names

Its been over a year since I developed my geodomain names, including Burbank.com, Lowell.com, and Newburyport.com, and although I’ve shared quite a bit about my development efforts, I’d like to share things I wish I had done that I will try to do on future projects. As the song goes, “I wish that I knew what I know now…”

1.) Used a content management system like WordPress or Joomla. This would have made updates much quicker and easier. I could publish articles immediately or have them post some time in the future. I could easily add new features and functionality using plugins. There are just too many advantages to a CMS to name.

2.) Determined each site’s identity before launch. Newburyport is a small town, but they have 3 newspapers. I should have focused entirely on tourism and skipped the news content. On the other hand, there aren’t enough local news sources in Lowell or Burbank. Based on what you determine your site’s focus will be, that should dictate the layout and design.

3.) Chose who will be writing content and how often. I either write my own news articles (mostly about special events) and publish press releases from local organizations. This takes a lot of my time, although it drives a considerable amount of traffic. Before you start, determine if you will be the writer or if you will hire journalists or copywriters. Even posting press releases is time consuming – especially without a CMS. Weigh the traffic reward vs. the effort and figure out how much its worth to your site to have regular, fresh content. Keep in mind that people want to read interesting things related to the community, so it’s probably not wise to hire a copywriter who doesn’t know the area. Additionally, there are probably legal issues with re-writing a news article from the local paper – especially if it’s a smaller city with one newspaper.

4.) Met with local newspapers in person.   It may have been mutually beneficial to meet with the local newspapers in the cities where my sites are located to see if we could work together to promote each other’s site. With my non-tourism names where I don’t write news articles (or don’t plan to write them) I would want to offer their RSS feed links on my home page (opening in a new window), in exchange for links back to my sites. I don’t know if this effort would work, but meeting in person is usually more beneficial than an email exchange.

5.) Used a calendar system that publishes events on its own pages. I started with a calendar that lists all events on one page and has popups when you hover over a date. This didn’t allow indexing in Google. I should have worked with calendar software that did what I needed out of the box. I am still having some issues, although they are being addressed.

6) Allowed businesses to create listings in Yellow Pages or manage their listings. I opted to hand code the Yellow Pages content (see this example for Lowell Yellow Pages) instead of using a database. I didn’t allow businesses to sign up or edit listings automatically because I didn’t have any experience in this area and didn’t want spam or to have to worry about processing payments. Now that I am more comfortable with this, I am regretting the decision to do it the way I did it.

7.) Been more aggressive about hiring a sales person. I was very passive about hiring a local sales person and didn’t make a great effort to hire someone. I had someone in Lowell, but a few days after he agreed to work on the site, he had a family emergency so things didn’t work out. Needless to say, I am not nearly making as much money as I should be making, although it’s in the 4 figures a year for each site (except Newburyport.com) right now. I have been far too passive about hiring a local advertising representative and/or seeking out advertisers on my own.

8.) Bought domain names in cities in which I am more familiar. Lowell.com and Newburyport.com were good strategic buys. I will probably be moving to the Boston area in a year or two. Burbank.com was a good domain acquisition, but it’s not as easy for me to get out there as often as I should. Lowell and Newburyport are a few hours away from me by car, and about 45 minutes apart from each other.

These are the most important things I can think of when considering what I would do differently. Hope this helps you as you begin or continue to develop – or as you are looking to buy a geodomain name.

Owner of NewYorkNewYork.com Sued

The   owner of the domain name NewYorkNewYork.com has been sued by New York-New York Hotel & Casino, LLC for trademark infringement, cybersquatting, unfair competition, trademark dilution, and other related complaints. The lawsuit, which can be downloaded from the Las Vegas Sun website (pdf download), was filed in the state of Nevada on November 6, 2009.

In the lawsuit, the plaintiffs have alleged that,

“Recently, Plaintiff learned that the Infringing Domain Name has been linked to a website that prominently features the NEW YORK NEW YORK LAS VEGAS HOTEL & CASINO trademark (the “Infringing Website”). Specifically, the NEW YORKNEW YORK LAS VEGAS HOTEL & CASINO mark appears in the banner of the Infringing Website, next to a graphic of Plaintiff’s New York- New York Hotel. The Infringing Website does not include a disclaimer explaining that it has no affiliation with Plaintiff. When Internet users click on the banner, they are redirected to a website enabling them to book hotel reservations at Plaintiff’s New York-New York Hotel.”

In looking at the current website which contains various New York City related banners, it appears to me that they are using Ian.com as a booking engine for the site. Ian.com is the Expedia travel affiliate program, and they work with hotels throughout the world to book reservations. When a visitor uses the booking engine, they are able to search for cars, flights, and hotels throughout the world, including Las Vegas, where the New York-New York Hotel & Casino is located, all the while staying on the NewYorkNewYork.com website.

It’s unfortunate for the defendant, as I am not sure of how much control he would have over the results served by the booking engine. Further, it would seem advantageous for the hotel to be listed, but I imagine they would rather control the domain name if possible. From the looks of it, I don’t see how the owner of the domain name is at fault, although I am not an attorney nor do I have a legal background.

One complication for the current owner is that the lawsuit indicates the Hotel contacted a previous owner expressing concern over something similar that was done in the past. According to a screenshot on Archive.org from February of 2006, there were links to the New York-New York Hotel & Casino on the home page of the website. However, it doesn’t appear that the current owner is doing anything in bad faith. In fact, New York City is the default search when a visitor lands on the site.

I think this will be an interesting case to watch, since there are quite a few geodomain owners who use booking engines like Ian.com and WC Travel for their hotel results, and there are probably plenty of domain names that could potentially be infringing on certain marks.

Piece of Advice Before You Develop

It’s a beautiful (but cold) Saturday in New York City, and I want to head out, so I will keep this post brief. Before you develop a domain name into a website, you should map out your 3, 6, and 12 month plan for the site. I didn’t do this on a few of my websites, and I am regretting it.

With my geodomain names, I did not build them on a content management system (CMS) like WordPress or Joomla. I didn’t have the expertise and didn’t ask the right questions. I gave direction like I knew exactly what I wanted, and I got exactly what I asked to have built. Basically every time I want to add a page of content, I need to do it in Dreamweaver and then make a few tweaks on other related pages, sitemap, home page…etc. With a CMS like WordPress, it would be automatic. Instead of taking 15 minutes to post an article (not counting the writing part), it takes 5 minutes. My bad. You don’t need to make the same mistake.

You should also think about how often you plan to work on the site and add content or business listings. If you want to be hands-off, you should use a platform that will allow others to add their listings (for a fee or free) where you can simply moderate it. I didn’t do this on my sites, so this is a struggle. I get listing requests practically every day, so it’s a lot of additional work for me. It isn’t difficult, but it can be time consuming.

One reason you need to think about where you will be in a few months and/or even years is that development can be expensive, especially. However, if you go about it the wrong way, it can be even more expensive and anxiety-provoking down the road. I am very thankful this blog was built on WordPress because it’s pretty easy to make changes to design, advertising, and even the SEO is practically done for me with a few plugins.

It’s essential to consider the amount of revenue you can derive from your site when you are making your plans. If you don’t really think people will pay for listings or advertisers won’t pay to be on your site, you should reconsider development. It can be expensive, and if you don’t really have a business plan, it can be a huge waste of money for you.

Because of the lack of knowledge I had when I started, I have to make a decision about whether to use a CMS on my geodomain names and then import all of my content, which will be a tedious and time consuming (expensive) job. Eventually I will get around to doing it, but there are other decisions and ramifications that will result.

The newest site I am working on will be an automated directory and should have limited online involvement from me. I’ve learned my lesson and gained enough knowledge, which I hope can help you as you develop.

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