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Meg Whitman, Former eBay CEO, Loses UDRP

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Meg Whitman filed a UDRP for several domain names, including megwhitmanforgovernor.com, megwhitman2010.com, meg2010.com, whitmanforgovernor.com, and whitman2010.com. The respondent did not file a response in this case, yet the panel ruled in favor of the respondent and denied Whitman’s complaint.

Whitman and her attorneys argued that Whitman has established common law rights to her name due to her many professional activities and success. She built eBay into a huge company, currently sits on its board of directors, and she speaks internationally.   They also argued that the domain names were registered right around the time there was speculation about her running for governor.

In denying the complaint, the panelist stated several things that, in my opinion, seem a bit inconsistent with what I perceived as the rule regarding owning names related to a famous/well-known person.   Previously I thought that it wasn’t permissible to make money on a domain name that is or contains the name of a famous person, when the revenue being generated is due to that person’s fame or notoriety.   IMO, anyone who would navigate to those sites is looking for the Meg Whitman.   Anyway, it’s interesting to note.

Some of the interesting notes from the panelist include:

“Merely having a “famous” name is not sufficient to establish common law trademark or service mark rights in the name. “

“fame alone is not sufficient to establish common law trademark or service mark rights in a personal name. Rather, the Complainant’s personal name must be used such that a relevant segment of the public comes to recognize her name as a symbol that distinguishes her services from those of similarly situated service providers. “

“Unlike the complainants in Monty and Pat Roberts, Inc., and Steven Rattner, supra, the Complainant here has presented no evidence of the actual use of her name as a source indicator in connection with the services she is claiming.”

I suppose if they claimed that the PPC links that were on the sites were related to Meg Whitman or eBay, they might have been better off.   I guess we won’t know unless she files a federal lawsuit.

Back Up Your Data!

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I’m glad this post isn’t a “I wish I backed up my data before the fire, flood, pool incident…”   Instead, it’s more of a best practice reminder because it’s something I frequently need to remind myself about so I don’t forget to do it.   Back up data!

It’s probably enough to back up all computer data on a flash drive at least once a week, and that flash drive should be kept in a secure location.   If you are so inclined, you might do it every night, especially if you are working on a major web development (or similar) project. In fact, if you are working on anything that would be difficult to start from scratch, it’s a good idea to back-up your drive as much as possible – just don’t keep your flash drive attached to your computer all the time.

Another best practice is to back it up at least once a month with a flash drive that is stored off site – like in a bank deposit box.   If a fire or flood were to ever damage your computer, it’s possible that it will get your back up source if it’s not kept on site.   You should take precautions, because at the very least, if you are audited, the IRS won’t be accepting of a data loss excuse for the reason you can’t produce your files.

Apple has a product called the “Time Capsule” which automatically backs up data while you are working, in a machine that is also your Wifi base.   The Time Capsule, which can store one terabyte of data, is very expensive, but it does automate the process. The downside is that the Time Capsule is kept on site, so a fire or flood would also probably render the data useless.

However you back up your data, please choose to do it often and keep a back-up copy somewhere.   Having a good backing up strategy will help prevent you from having to come up with an emergency data recovery strategy!

Video of the US Airways Plane Crash & Rescue

I just saw this dramatic footage of US Airways flight 1549 which crash landed in the Hudson River in New York this past week. Thankfully there were no lives lost in this controlled landing on the Hudson, which truly is a miracle. You can see the plane land in the water, and the NY Waterway taxis quickly converged on the airplane as the passengers escaped on the wings.

This is some pretty neat footage, which looks to be shot from the New Jersey side of the shore, probably from a security camera. The footage comes courtesy of the New York Post and may be originally from the United States Coast Guard.

Elliot’s Blog Re-Designed

As you might be able to tell, I just had my blog re-designed. I had the other layout since inception, and the other design for close to a year, so I thought it was time for a change. One new feature I am offering is the “Top Drops” page, which is found in the menu.

Each week, I will list my favorite domain drops at Snapnames. I haven’t been doing a ton of new registrations, and finding dropping/unregistered names is something I enjoy, so I will scour Snap for names that you might like.

There are still a couple of bugs being worked out, so please let me know if you see something funky. I want to say thanks to Mike @ Six One Five Design for the design work.

Investing in Call to Action Domain Names

Major corporations seem to like call to action domain names nearly as much as they like their branded domain names. Call to action domains can be more memorable to a consumer than just the brand, and it typically encourages the consumer to take action quickly. They are less expensive than generic domain names, and they’re more readily available.   They can also be more trackable than a standard brand URL.

Call to action domain names are frequently used for a short period of time, usually during a company’s interactive or integrated marketing campaign. They are liked by companies because they can help spread a message, usually in a fun way. They aren’t typically expensive to acquire, and many of the creative ones that incorporate a company’s brand are unregistered.

For a domain investor, the problem with owning these domain names is that there are several obstacles in selling them:

1) The company could easily change a word to differentiate and buy an unregistered version (CallUsASAP.com could easily be changed to CallUsRightNow.com)

2) Because they are short campaigns (usually), the budgets for creating the advertisement are typically more limited – with the exception of the Super Bowl and a few other big advertising times.

3) It’s hard to find one of these names before it’s in demand, and to acquire a great number and hold on to them, it can be cost prohibitive.

4) Usually the advertising agency creates the advertisement, and they don’t want to spend their allotted budget on a domain name, when the money can be billed for internal labor costs rather than external unrecoverable costs like a domain name.

5) On a creative pitch, there are usually 5-10 ideas and 3 final ideas presented to the client.   Between the internal agency pitch and the pitch to the client, there isn’t much time to negotiate a domain acquistion.   Agencies won’t pitch an idea to their client unless they know exactly how much a domain name costs.   Getting in touch with some domain owners is difficult, and if they can’t secure the name before the final client pitch, the idea may be ditched. The last thing they want to do is get the client on board with a great idea, only to tell them it’s not feasible because of cost or because they can’t even get in touch with the domain owner.

I get a lot of emails from people asking my opinion on call to action domain names. While I think many of them are neat from a consumer’s perspective, I think it’s very difficult to sell them to a company. I highly doubt a company will tailor an expensive advertising campaign around a domain name, and they probably wouldn’t acquire it for a future campaign (all of this assumes the domain owner is even able to get in front of the marketing decision maker).

My advice is to own a couple of these names if you must (buying them at registration fee), but don’t spend too much money on them.   Buying call to action domain names is more like playing the lottery.

***Edit***
Just for further proof about this, next time you see a call to action domain name, do a Whois History search on it. See if the company was the original registrant and when the domain name was registered. If you see that it was previously owned by someone, drop them a note and ask them about it. I’ve learned some interesting things about domain acquisition strategy (much of it I can’t post because they asked me not to make it public). I think you’ll find that most of the call to action domains that are being used were originally registered by the company using it, rather than being older domains acquired in the after market.

Bensalem.com – Reduced Price

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This domain name is now pending sale – to be completed on Monday.

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