The way a domain was used in the past could potentially impact a domain owner, so researching any potential domain acquisition is important. Not only could prior usage put a domain owner at risk of losing his domain name due to a UDRP, but there could also be untold legal risk when acquiring a domain name, and also issues with it appearing in search engines. All of these potential problems can cause much financial turmoil as well as take time to remedy and reconcile.
The first and probably the most obvious concern is prior TM infringement with a domain name that may have multiple meanings. If a domain name was previously parked, and the PPC links infringed on another company’s mark(s) where the domain name is also confusingly similar to that company’s marks, the company may have a legitimate complaint. If a new domain owner takes possession of the domain name, it doesn’t negate the issues that existed before. The complainant could cite prior use of the domain name, and the new owner’s claim of non-responsibility probably wouldn’t fly. I think this is especially so in the case of three letter .com domain names, where there may be many companies whose trademarks could be infringed upon.
If a domain name was involved in spam or phishing emails, the new owner may be held accountable. I am not an attorney, so I am not going to say what liability may exist, but from a public relations perspective, it could be detrimental. People may have posted their spam/phishing messages in forums or other websites, all linking back to the domain name. If the domain name gets developed into a website, it might be tough to be legitimized if enough questions were raised – forever linked in Google search results.
In addition to these issues, there are also spam blacklists that exist. If a domain name is put on the list, many mail servers may not accept incoming mail from certain domain names. While that may not be important for mini-sites or for parked domain names, if a business is built on that domain name, email access will be critical. A company may be able to appeal to the blacklists (like Spamhaus), but I don’t know how to handle that.
If a domain name was previously parked or if there were other major problems with it, Google and Yahoo may have banished the name from their listings. Upon changing ownership and/or building a new website on the domain name, it might not even appear in Google or Yahoo because of the domain name’s past history. There is a way to remedy this however, by filing a reconsideration request with Google or asking Yahoo to re-review the website. Neither of these will guarantee that your site will appear, but it’s a good start.
Research is key when buying a domain name. Archive.org offers a great tool to see what the website looked like at various points in time, allowing you to see the history of the site. Domaintools also offers many valuable research tools to see the ownership history, blacklist history, screenshots, and some other useful tools. While you may think you are buying a domain name with a clean history – or one whose history will be cleared when you buy it, but it reality, it’s always buyer be ware.
Wishing My Best to New Orleans
As the storm reports continue to worsen, I want to take a few moments to send my best wishes to my friends at NewOrleans.com, FatTuesday.com, and other non-domain friends who live in the New Orleans area. I love New Orleans as much as I love New York, and I had one of the most fun weekends in my life in New Orleans a few months ago. New Orleans residents are some of the friendliest people I’ve met, and I hope they stay safe over the next few days.
Here’s hoping the storm isn’t as bad as predicted, and as they say down there, laissez les bon temps rouler.
Why I Don't Publish Press Releases
I’ve been sent many press releases from domain-related entities lately, and I haven’t published more than a couple of them. Although some of the companies are operated and/or managed by companies with whom I do business, I didn’t publish them as I saw them posted elsewhere. As much as I am always connected to the Internet via Blackberry, I am not always by my laptop or able to write a blog post.
Unless there is something unique I can add to the story – such as my own personal analysis of a situation, I don’t see a reason to post repetitive things. With RSS readers, email news feeds, sites like Domaining.com, I think most people who choose to read my blog read many other blogs, and I personally think it’s annoying to read the exact same thing in several places. As my friend Francois told me back in November (which I have taken to heart because he is right):
“Sorry to be rude but these posts are ANNOYING!
Simply because it’s annoying to read again the SAME post you have previously read in Sahar, Frank, Ricks, … blogs without any additional information or a different point of view developed.”
The purpose of this post is to say why I haven’t published many press releases. Some people have taken that personally, and I wanted to make sure they know it isn’t anything personal.
McCain & Ridge? Ohio Democratic Party Thinks So
It appears that the Ohio Democratic Party believes that Senator John McCain will select Tom Ridge as his Vice Presidential running mate. According to the Whois database, on August 18th, Todd Hoffman from the Ohio Democratic Party registered the domain name McCainRidge.net. At the moment, the domain name resolves to a generic Godaddy landing page with links to John McCain buttons and political messages.
While some people might immediately claim that the Ohio Democratic Party is cybersquatting on this domain name, I would like to point out that there isn’t necessarily any evidence of bad faith in this registration – unlike many others who intend to profit from selling the domain name. Should the Ohio Dems decide to post an anti McCain/Ridge website, their rights to free speech would probably be protected under the US Constitution’s First Amendment, although I am not an attorney.
At the moment, the only entity profiting from the registration is Godaddy who is monetizing the name – presumably unbenounced to the registrant. IMO, the real legal question is this: if the Ohio Democrats utilize their First Amendment rights and they attempt to solicit contributions on the site, would this be considered a bad faith registration, as they are profiting off of a famous name/brand?
I think this is more of a John Berryhill question!




