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Legal Domain Name for Sale: BrainInjuryAttorneys.com

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I am looking to sell BrainInjuryAttorneys.com, a domain name that has a creation date of November 2001. The net, org, biz, info, and us are all owned by other companies or law firms.  The nationwide law firm of Jacoby & Meyers owns the .net version of this domain name, and the singular is owned by another law firm (the same firm that owns BrainInjuryLawyers.com).

The phrase “Brain Injury Attorneys” has a very high average cost per click , although I haven’t changed the DNS yet to see if there’s any traffic. My guess is that traffic isn’t great on it right now, but I know there are people who own legal domain names who can increase the traffic in short order to drive revenue and leads.

The Buy It Now price is $6,500 for this domain name.  It is registered at Moniker for an easy push to your account.  I am posting this domain name for sale in a few locations, so the first person to post “sold” will have the right to buy it.

IDN Event Agenda Posted & Location Announced

There will be a one evening IDN Event held in New York City on Saturday, October 30, 2010. The Event will be held at Haru Sushi, located at 280 Park Avenue in Manhattan, which happens to be a great sushi restaurant.

The organizers are already ahead of what they expected in terms of attendees at this time, so they had to move the event to a larger Haru, which can accommodate more people. I will be speaking at the conference, although my topic won’t be IDN domain names.

The full agenda has been posted online, and it looks like it will be a good opportunity for networking. From what I understand, there will be a number of IDN experts, IDN investors, and other domain investors in attendance.

If you are an IDN investor or you are interested in learning more about the space, I recommend that you attend. Until October 20, the cost is just $99 for a ticket, which is affordable when you consider that it comes with a sushi dinner, which can run you $100 alone in some NYC restaurants. After October 20, the ticket cost jumps to $275.

Is This Reverse Hijacking, or Can Reader Win a UDRP For a 3 Letter .Com Domain Name?

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I received a comment in yesterday’s post that isn’t really related to the article. I also thought it was deserving of its own post, since there will probably be no shortage of opinions about the topic. Reader LindaM submitted the following question:

“One of my more successful websites, what I would call a ‘real world’ website (ie it sells actual stuff that is posted to customers and is an outgrowth of a long established bricks n mortar) is currently growing nicely. Lets call it “ThreeLetterAbbreviation.com” .

Now then, this website is making some waves in its field and Im currently working to develop it further, it now has an employee and an investor. I was wondering – can I make a move on the 3letter, lets call it “TLA.com” ? Obviously the asking price will be unaffordable but since my company has been trading under the name for years could I fairly win a UDRP? Currently the name resolves to a search portal and ads (not ours), its whois returns a web media firm in USA that own other plum domains, some parked and some developed. Im sure they would fight tooth and claw to retain the “TLA.com” domain name.

Getting the name would give us a shot at world domination, losing a lawsuit could kill us dead.”

In my opinion, even without knowing the domain names in question, this would appear to be a clear cut case of reverse domain hijacking. Just because there’s a better domain name out there that isn’t being used to it’s fullest extent (which of course is subject to one’s opinion), it doesn’t mean that another company has the right to get it via UDRP. In fact, I think that would be a misuse of the UDRP process.

The UDRP was established primarily to protect companies when their brands and/or marks were being used by others who did not have the right to use them. Based on what LindaM wrote, this does not appear to be the case. It’s an attempt to get a domain name at a lower expense than buying it, which I believe is reverse domain name hijacking.

If a company is poised for “a shot at world domination” with this 3 letter com domain name, LindaM should pay whatever it would take to get it, since that cost would almost certainly be lower than the profits that come with world domination.

What do you think?

Saturday News & Updates

Looks like it’s going to be a relaxing weekend for me. Hope you have a nice weekend, too. Here are some news updates that might be of interest to you.

If you are owed money by Snapnames as a result of the “Halvarez” shill bidding situation, this is a reminder that the deadline to accept their rebate offer is Friday, November 5, 2010, which is less than a month away. You will need to sign and return the agreement to collect the money owed to you.

I received a news release from a new domain registrar, NameSilo.com, that is scheduled to be released on Monday. According to the co-founder Michael Goldfarb, “Our basic concept is to offer the cheapest everyday domain prices on the Internet, simple and straightforward processes, powerful domain management tools and extremely high levels of domain security.” I visited the site and it looks like their pricing is $8.39 for .com names with privacy.

A couple of TRAFFIC-related news bytes from this week. Legendary boxing promoter, Don King, will be making an appearance at TRAFFIC. I am interested to see how it will tie into the conference. Also, Rick announced via email that the ticket price of TRAFFIC will be $1,495 on Monday only. If you haven’t booked your conference ticket yet, Monday is the day to do it.

Lots of news reports about the FaceMash.com domain name going up for sale, including articles on non-domain related blogs like PerezHilton.com. I do understand why owning a domain name with “history” like this would be appealing, but I don’t see the high value. Once this hit movie is an afterthought, it probably won’t get much traffic, and it’s doubtful the winning bidder would be able to flip it for more with all the publicity.

If you have any pet related mini-sites and you want to make a little bit more money with them, drop me a note in the comment section. I might have an offer for you to pay you to add an article for me.

Millions of Dollars in Publicity for a $1,000 Reward to Find Tiger Woods Cigar Guy

By now, you have likely seen the famous Tiger Woods Ryder Cup photograph, with the ball in mid-air heading right for the photographer, and an interesting-looking guy smoking a cigar in the background. In case you haven’t seen it, the image is above for your viewing pleasure.

Despite the shot looking cool, as the ball was headed directly for the camera, the real story became the hunt for the guy smoking the cigar. Dubbed “Cigar Guy,” the Be Frugal blog (BeFrugal.com) offered a $1,000 reward to whomever is the first person identify the person smoking the cigar. They are holding a contest because they want this guy to be their next spokesman.

The contest and $1,000 reward have generated millions of dollars in publicity. News outlets including Huffington Post, NBC Sports, ABC, Wall Street Journal, and CNN are covering this special offer with news articles and reports, all linking to the BeFrugal.com website. What would essentially cost the company $1,000 has brought them priceless coverage.

This is great viral marketing!

Self Financing Domain Deals

Sometimes to complete a domain sale, you need to offer a payment plan to the buyer, allowing him to pay over time. It might not seem advantageous to do a no-interest deal like this, but sometimes it’s necessary to close a deal.

I’ve bought a couple names using payment plans simply because it was offered. My thinking was why the hell not take a payment plan when it would cost me nothing to stretch payments out, and I could pay a lump sum if/when I sold the domain name. If you’re offered a no-interest payment plan when buying a domain name you want at the right price, it’s a no-brainer.

When you’re selling a domain name on a payment plan, here are some things that you might want to consider (these things may be different if you’re the buyer):

Keep the domain name in your portfolio or put it in escrow (like Moniker escrow) until all payments are made. If the buyer has your name and you have no money, you have less leverage when you want to be paid the outstanding balance. Legal costs to get it back could be more than the remaining payments.

Do not change the DNS unless absolutely necessary. If the buyer uses it in a way that infringes upon someone else’s trademark or does something else that would reflect poorly upon you, it wouldn’t be very good and may cost you the domain name. If you do need to change the DNS, monitor the content and make sure you let the buyer know there are restrictions.

Make sure the buyer knows if all payments aren’t made, the seller keeps the domain name and payments that have been made up until that point. You don’t want to keep the domain name in limbo if payments aren’t all made but the buyer thinks he still has rights to it. It’s your call about whether to cancel the deal if the buyer is a day, two days, a week…etc late with payments. This is a personal choice and I guess it would be dependent upon your relationship with the buyer.

Have all details spelled out in a sales agreement or clearly put in an email.   Don’t make assumptions on something like this, especially if the amount to be transacted is significant.

Be assured that the buyer isn’t going to try and sell the domain name before it’s paid off. It would suck to have a 3 letter domain name be subject to a UDRP because the buyer (before paying for it in full) tried to sell it to a company that believed it had rights to the domain name.

The payments should be divided fairly evenly. You don’t want to have small upfront payments because there is less incentive for the buyer to keep the deal if he has to make very large payments at the end. If he’s only paid a small % of the price during most of the term, it may be more likely that he would back out knowing that he hasn’t lost much.

Never, ever back out of a deal if you receive a better offer during the course of payments. I don’t care if you sell a name for $10,000 and you get a $100,000 offer.   If you are willing and able to finance a deal like this, I am sure your reputation is worth much more than the money you would forgo by keeping the deal. You could pass the offer along to the buyer and work something out, but that’s between the two of you.

In today’s market, self-financing deals with a payment plan is a decent way to close a deal.