Consider Removing “WHOIS” from Domain Name Contracts

Elliot Silver
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I use several different domain name purchase or sale agreements depending on the situation. Each of these agreements references “WHOIS” as a means of confirming ownership of a domain name before or after a sale.

With the sunsetting of WHOIS in favor of the new RDAP, it might make sense for domain investors, brokers, and escrow agents to update their contracts. This was the advice of IP attorney John Berryhill, who works extensively within the domain name industry:

He subsequently some of the larger companies in the space adjust their purchase agreements:

As WHOIS records become obsolete and no longer a requirement for domain registrars, referencing WHOIS in a purchase agreement as a means of confirming ownership will be outdated. It may also “open up a can of worms,” as John put in his post.

I hadn’t thought about this until seeing John’s post, but I am going to send my purchase agreements to John for modification. I also think it’s a good idea to have him (or other attorney) give these agreements a once-over every once in a while to ensure they remain protective of my company and align with its needs.

Gong.com UDRP Should be RDNH

Elliot Silver
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The Gong Show was a television talent show on ABC in the late 1970s. Contestants would perform a variety of acts while being judged by a panel of celebrity guests. If a judge found an act particularly bad, they could hit a large gong, abruptly ending the performance.

It’s too bad there isn’t a gigantic gong at the World Intellectual Property Organization! A UDRP was filed against Gong.com at WIPO. It is case #D2025-0500. Without doing much research, I think this UDRP should be a case of Reverse Domain Name Hijacking (RDNH).

First and foremost, “gong” is a descriptive term. A gong is a large, flat, circular percussion instrument, typically made of metal, that produces a loud sound when struck with a mallet. That, alone, in my opinion, should be enough to doom this UDRP. However, there is more…

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Beware When Using AI for Domain Name Descriptions

Elliot Silver
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Artificial Intelligence can be a time saver. For domain investors, it can make it easier and quicker to create marketing copy to help promote a domain name. Over the last couple of years, domain name sales platforms and domain investors have utilized AI tools to help generate sales copy for their domain names. This can be risky, as attorney John Berryhill noted on X today regarding some Atom.com landing pages he found:

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John Berryhill: What to Include in Outbound Email

Elliot Silver
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When I have a legal question regarding domain names, I usually discuss it with attorney John Berryhill. My feeling is that I would rather pay for John’s legal expertise than to wing it. The domain industry is fortunate that John regularly offers insights and wisdom on public venues like Namepros and X at no cost.

Yesterday morning, a Namepros member asked a question about sending outbound emails to sell a one word .io domain name. Doing outbound marketing to prospective buyers can be risky, particularly when there is limited usage for the term that makes up the domain name. Quite a few factors can make outbound marketing efforts more risky than others, and understanding the risks and how to mitigate them is important.

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ICA and WIPO Collaborate on UDRP Review

Elliot Silver
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The UDRP is a mechanism that allows trademark and brand owners to secure infringing domain names more rapidly than through traditional litigation. Third party providers like the World Intellectual Property Organization (WIPO) administer and oversee UDRP filings and decisions.

This morning, WIPO published a news release announcing that it will conduct a collaborative review of the UDRP in coordination with the Internet Commerce Association (ICA). The ICA is an advocacy group working on behalf of domain name registrants and domain industry service providers. I am a member of the ICA, as are many domain investors. Participating in the review project are numerous intellectual property attorneys who are familiar with the business of domain investing.

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QW.com UDRP Denied Due to “Fraudster”

Elliot Silver
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A UDRP was filed at the World Intellectual Property Organization (WIPO) against the valuable 2 letter QW.com domain name. The complaint was a bit confusing, pitting the Complainant, Quickware, Inc. / Williams Fred, against Quickware, represented by Fred Williams, as the Respondent.

The sole panelist, Scott Blackmer, ruled in favor of the domain registrant in this UDRP. The decision was published on the WIPO website this morning. Based on my reading of the decision, it appears that someone impersonated the domain registrant in an attempt to wrest control over this high value domain name using the fairly inexpensive UDRP:

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