Responsibility of Auction Houses & Domain Registrars Regarding Legal Threats

Gavel

As many of you read yesterday, the non-profit organization, Goodwill Industries International has sued the owner of Goodwill.com for alleged trademark infringement, after he won the name in a Namejet auction for north of $55k. This doesn’t come as a surprise to me at all. Case in point, one of my clients was a bidder in that auction, and when it was in the $25,000 range, he asked my opinion on the value. My reply was, “there’s a thrift shop like salvation army… could be TM risk if monetized that way.”

The surprise to me in this situation was actually what was found in the lawsuit pdf (also found on DNW). According to Goodwill Industries’ complaint, “Upon learning of the auction from Radia Holdings, Goodwill contacted the registrar of the domain name, Network Solutions, to attempt to prevent the auction from going forward, but was unsuccessful.”

Whether Network Solutions passed this information to its partner Namejet is something we probably won’t know. It also might be possible that the information may not have been sent through the appropriate channels at Network Solutions, and the issue died in the customer service queue. Whatever the case is in this situation, it bothers me that Goodwill Industries claims that Net Sol had information that would have rendered this domain name even more risky for a domain investor to monetize.

I read a post on Namepros where Snapnames VP of Engineering, Nelson Brady reached out to bidders on the JeniferLopez.com auction to inform them that Snapnames had received a notice from Jennifer Lopez’ lawyer regarding the name. Although the domain name later appeared to be registered to “domainqueue@gmail.com,” a company allegedly linked to bidder Halvarez, one has to wonder if Snapnames had or has a policy of informing bidders of potential legal threats.

As far as my client recalls, he didn’t receive any notice from Namejet while bidding on Goodwill.com. Of course one could argue that there are plenty of proper uses for Goodwill.com that would not infringe on Goodwill Industries’ trademark. Why would Namejet or other auction house risk dampening interest in an auction when there are plenty of ways it could be used without any problems? That wouldn’t make a lot of fiscal sense.

My question is this: what responsibility should a domain registrar or auction house have when they receive a legal threat for a domain name that is going to be listed for sale by them or a partner? I am sure domain registrars and domain auction houses receive legal notices all the time. They aren’t a judge or jury, so it’s probably not their place to provide legal advice, but should they make bidders aware of a potential legal threat?

Photo: http://www.flickr.com/photos/joegratz/ / CC BY-NC 2.0

Sunday Afternoon Thoughts

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Here are a few quick hits for another lazy Sunday afternoon.

  • The Snapnames Geo & Local Search Showcase has just over two days remaining, and just seven auctions have bids: SanFrancisco.net, NewBoston.com, VacationExpert.com, CommittedRelationships.com, GuitarRentals.com, Scarborough.org, and SeattlePictures.com. As you can see, there are more than just geodomain names on sale, many of which have no reserve.
  • When are people going to realize how much of a waste of money it is to register stupid names about current events – especially those involving athletes, celebrities, and other famous people. Sure, your Tiger Woods domain names may be humorous (doubtful), but nobody is going to pay you squat for them. At best, you will draw the attention (ahem, criticism) of the mainstream media.   Do you really want to answer a reporter’s question in front of your family, friends, neighbors, and countless others about why you think your lame Tiger Woods domain names are worth anything?
  • I don’t really mind the Sedo redesign…. I actually don’t use Sedo all that much anyway. I do feel badly for someone who had a five figure auction running that ended the day of the redesign. I guess there isn’t much that can be done to avoid this, but it’s a bummer.
  • Tax time is coming! The Domainer Tax Guide is a good resource for people who need some tax advice related to domain investments. Yes, that’s my affiliate code, and yes I also bought a guide and sent it to my accountant since he hadn’t worked with a company like mine before.
  • Larry Fisher is one of the more successful domain investors I know, and he’s been writing a series about a 7 figure domain auction in which he is involved. Larry plans to blog much more often on DirectNavigation.com this year, so it’s a good idea to add him to your list of daily reads.

Questions to Ask Oversee CEO

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Oversee.net LogoMike Berkens told me that he and some other South Florida domain investors will be meeting with Oversee.net CEO Jeff Kupietzky this evening in Boca Raton, Florida. Since I can’t be in Florida, I wrote a list of questions that I shared with Mike that I would like to see answered.

I think it’s good that Jeff is reaching out, and obviously this is going to be a casual get together rather than a grilling. Additionally, I am sure he won’t be able to address any of the legal issues surrounding the case, so there really isn’t a point in asking those questions.

  • When did Oversee learn about bidding by an employee?
  • How did Oversee learn that an employee had been bidding?
  • Why did nobody ever investigate bidder “halvarez” after so many complaints over the years?
  • Did Oversee executives ever try to speak to or meet with “halvarez” who accounted for a % of Snapnames revenue?
  • What measures are in place to ensure insider bidding doesn’t happen again?
  • How can domain investors trust Snapnames/Oversee when we were assured halvarez was a real bidder for several years?

Being Bidder #2 on Snapnames

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SnapNamesLogoA few days ago, I was searching through Snapnames auctions for domain names with bids. I frequently do this to see if there are any names I happen to like that already have bids. I don’t use any software or tools to look through all of the expiring/dropping names, so this is an easy way to see what others have interest in buying.

Two domain names that had one bid each caught my eye. One was a singular version and the other was the plural of the other name. I placed a bid on the singular version a couple of days before it was set to drop, meaning the name would go into a private auction with all of those who placed a back order.

Since I was the second bidder, I figured I wouldn’t be the high bidder and would have the option to bid on it or allow the first bidder to get it at the minimum bid. I was surprised when I received the email informing me that the name went to auction, and I was the high bidder.

After a couple of phone calls with Snapnames, I learned that what happened was the original bidder placed his bid two or three years ago, and when the name dropped, he was entered into the auction. However, because his credit card had expired by the time the name dropped, Snapnames suspended his account, and as a result, I was moved into the leading bidder position.

With the events that transpired recently, I was concerned that this was another similar type of issue, but was relieved to learn it was not. This is something to be mindful of when you place a back order, just in case it’s not a name you are completed interested in buying.

Luxury Names to Hold Domain Auction

LuxuryNames.com, one of the newest entrants into the domain newsletter vertical (and also an advertiser) has announced that they will be holding a week-long domain auction using the Snapnames platform. The auction is set to begin November 18, and the list of domain names that are up for auction has been released.

Some of my favorites that will be in the auction are:

  • DefenseLawyers.org
  • DefenseAttorneys.org
  • AdjustableHomeLoans.com
  • MoscowVacations.com
  • CapriVacations.com
  • MonteCarloVacations.com

In addition to these domain names, there are a number of strong keyword .net domain names, like HockeySticks.net and DogBowls.net. I personally don’t buy .net domain names, but I know a number of people who do and will probably bid.

As a disclaimer, I will probably be bidding on at least one or two of the domain names – most likely one of the travel-related names. I own a bunch of similar names, and I like their potential. When you have a chance, visit LuxuryNames.com and download the auction list.

My Snapnames Theory

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I have no way of knowing what really happened with the Snapnames employee bidding scandal, but I do have a theory, and unlike other theories I’ve read, this doesn’t involve any real conspiracies.   Maybe this happened, and maybe it didn’t, but at least this is what I hope happened, since the implications would be far less reaching across the Oversee.net brands and the domain industry:

“Halvarez” was a domain auction bidding script that placed bids based on a variety of factors set up by its creator, a Snapnames employee. Since the creator worked for the company, he may have had access to domain data (I really don’t know here just guessing), giving him an advantage when buying domain names, as he could justify paying more than others based on assumed PPC revenues. In addition, perhaps there were revenue goals on the line or future compensation tied to company revenue that would have been directly impacted by a bidder of this magnitude, hence the reason he bid in so many auctions but didn’t win.

The creator of “Halvarez” could have established a company and separate bank accounts and credit cards in the company’s name to look more authentic. “Halvarez” probably always paid Snapnames on time, $xx,xxx   (or more) per month, further avoiding suspicion. Because of this, Snapnames looked at this mysterious bidder as one of their top customers, and as a courtesy, the company gave refunds on some names for whatever reason (or maybe they didn’t even know about the refunds).   This may sound shady, but if they are like most companies, the top tier of customers get special treatment when they ask, like returns, favorable payment terms, dinners, event invitations, and other benefits for bidding so much.

Since “Halvarez” was so private, Oversee.net executives would never get a hold of him (assuming they tried to meet with this VIP), but the guy paid on time so they left him alone. There has been at least one extremely private individual who was active in our business for a long time, so it’s not out of the realm of possibility that nobody knows who “Halvarez” really is. In addition, the trusted person who was fired may have told company officials that he had communicated with “Halvarez” in the past, and since the guy was trusted, they took him at his word.

“Halvarez” reached out to iREIT to sell a portfolio of names, and the prices were right for them. Since he was able to score good deals, he could also sell the names at great prices, recouping some of his investment. iREIT paid “Halvarez’s” company, knowing that Snapnames has confirmed that “Halvarez” is a real bidder while not thinking it was any different than any other deal.

I really have no idea if my theory happened, but I am hoping that it is what happened. Things seem so obvious now that this has been revealed, but at the time, there wasn’t much that could have been done. Perhaps someone did do something, and that caused the investigation that revealed the bidding. Only a few people probably know that, and we may find out in time.

I feel badly for the people who lost out on great domain names to “Halvarez,” and I don’t think the rebate offer does anything to compensate them. I think it would be impossible to remunerate them fairly for these potential losses.