Home Blog Page 1458

Domain Legal Advice

4

Subscribe to Elliot's Blog“I’m not a doctor, but I did stay at a Holiday Inn Express last night.” I admit it, I still get a kick out of those commercials. Even when they aren’t on television, I am reminded of them when I visit the legal section of some domain forums. Not only do many people ask some serious legal questions, but I’ve seen some misinformed answers. For people who rely on the advice of non-lawyers, I think you really need to take the answers with a grain of salt.
Don’t get me wrong – there are many smart people who want to help out and give advice to a legal question, especially when a large company threatens a small company who has rights to a domain name. However, unless the question is answered by an attorney who specializes in IP law, and more specificially, has experience in domain-related matters, I think those who are watching the answers need to be cautious.
Although I try to give a conservative opinion when pressed, I really try to advise people to seek the opinion of an attorney when it comes to domain legal matters. Even a response that may seem benign could cause damage to a person’s case or legal standing. While there are always obvious answers, it’s best to turn to a lawyer for legal advice.
Since I’ve been asked this question many times, here are a few lawyers who I’ve met and/or worked with in the past for various legal matters:
John Berryhill
Brett Lewis
Ari Goldberger
Stevan Lieberman
Steve Sturgeon
Howard Neu#mce_temp_url#

Moniker Still Top Live Auction House

Subscribe to Elliot's BlogI read Mike’s post this afternoon, and it hit home because I made some comments about Moniker’s position as live auction leader.   Before the final lists and reserve prices were released, I said I think the multi-auction format “is going to change the landscape of the live domain auction industry as upstarts try to dethrone the industry leader.   This can only bring good things for domain buyers and sellers.” I didn’t root against them nor did I hope to see them fail, as some others might have done on various domain forums (I know Mike isn’t referring to me, but I wanted to clarify).
I think Monte and his team at Moniker did a tremendous job of bringing great names to auction at great prices.   I think the competition brought the best out in everyone, and we saw some strength during difficult times.   Moniker’s auction helped allay some personal worries about the state of the domain industry, and they helped bring liquidity to the domain market – you can’t really pay your hosting and other bills with domain names. The auctioneer was great, and he kept things moving, which is important with an auction with many lots.
When the multi-auction format was announced, I also wrote that I thought “a new industry auction leader (would be) anointed.”   While Rick did have a strong first showing, Moniker had a much better result than I expected.   Yom Kippur is just around the corner – mea culpa. I apologize for doubting Moniker, and I also congratulate them, Rick Latona, and Aftermarket.com for their successes last week in New York.
Competition usually brings out the best in everyone.   I believe all of the auctions achieved their main goals and were successful.   I credit much of this to the determination of the 3 auction houses to bringing the best domain names at the best prices to market.   Moniker still reigns as the leading live domain auction, and I can only hope the competition will help bring continued liquidity to the domain marketplace.

Will Newly Passed Legislation Impact Domain Owners?

4

Subscribe to Elliot's BlogI don’t have a legal background, but I was just sent a link to some legislation that was just passed by US Senate.   The Act, known as the “Prioritizing Resources and Organization for Intellectual Property Act of 2008” creates a Cabinet-level position called the Intellectual Property Enforcement Coordinator.
Recently, some companies have gone after trademark domain names by citing violations of copyright acts in lieu of the Lanham Act, which specifically covers domain names.   This Act will allow the US Justice Department to file lawsuits against people who violate copyrights on behalf of the copyright holders.   Could this could be dangerous for domain owners whose names could potentially be considered copyright violations?

2008 TRAFFIC Award Winners

1

Subscribe to Elliot's BlogLast night’s TRAFFIC conference in New York featured an awards dinner following Moniker’s auction. Many of the industry’s best and brightest were nominated for awards in several categories. Congratulations to everyone who was nominated and especially to all of the winners:
Sponsor of the Year: Winner – TrafficZ.com
Skenzo
Casale Media
Parked
Sedo
Hitfarm
Best NewClick Program: Winner – Sendori
Parked
Adbrite
EvoLanding
Hitfarm
We “Get it” Award: Winner – Foreclosure.com
Apple
CNN
Johnson & Johnson
Domainer of the Year: Winner – Rick Latona
Derek Giordano
Dr. Chris Hartnett
Mike Berkens
Rob Grant
Lonnie Borck
Rick Schwartz
Best Overall Solution: Winner – Fabulous
DNZoom
Moniker
NameMedia
Parked
Skenzo
Domain Hall of Fame: Winners – Dr. Chris Hartnett & Scott Day
Mike Berkens
Rob Grant
Larry Fischer
Yung Ye
Page Howe
Best Developer of the Year: Winner – Kevin Ham
Jessica Bookstaff
WhyPark
Recall Media
Rick Latona

Future Media Architechts (FMA) Launches Websites

Subscribe to Elliot's BlogOne of the most prolific domain owners in the world has announced the launch of several key websites. Future Media Architects, owners and operators of websites such as DJ.net, MP3.tv, Media.com, and i.net, has announced the launch of the following websites:
EFX.com – Children’s development toys using sounds and effects
Palette.com – Color tools, resources, and information
OSK.com – On screen keyboard information and tool
AI.com – Information and news about artificial intelligence
Cooperators.com – Meeting place and resource for people looking to cooperate to make the world a better place for everyone
Future Media Architects, which is led by domain pioneer (and my friend) Thunayan Khalid AL-Ghanim, also announced that Ibiza.com will soon be launched.   Thunayan is one of the most dynamic people in the domain industry, and it’s great to see his company continue to develop its domain properties.   FMA has a policy to never sell their domain names, and with their strong development strategy, it isn’t surprising.
Congratulations and cheers to Thunayan and his team at FMA.

Moniker Live Auction Results 2008 TRAFFIC New York

Subscribe to Elliot's BlogThe Moniker Live Auction at TRAFFIC New York ended yesterday, reaching a grand total of $2,967,500 in sales. Quite simply, the well-priced good names sold (many above the reserve category).   I believe the final results of the auction were better than most expected, which was boosted by the sale of FinancialAid.com (and a small package of similar names).
For the most part, it appears that the most “usable” domains sold for the big money. Aside from a few of the .me names that sold for over $20,000, this was a very conservative auction.   Domain investors (myself included) are being more cautious about where to allocate funds, and it’s hard to justify spending tens of thousands of dollars on a domain name if the domain’s usage isn’t obvious.
Personally, I believe Floor.com was the steal of the show. Not only is a huge modular carpet and flooring company known as FLOR (pronounced “floor”), but it is the category defining domain name for a multi-billion dollar industry.   If FLOR did not buy this domain name, it could be a deadly mistake, as a competitor now owns the best name in their industry. That’s the problem with buying a “brandable” web 2.0 name, when the category defining generic domain may come on the market.
Below is the final auction tally, with my personal favorite best buys highlighted.   All in all, this was a successful auction.   Combined with the other auctions, there were almost $4 million in domain sales these past few days.
FinancialAid.com           $800,000
Floor.com                         $275,000
Camps.com                         $110,000
LT.com                               $100,000
Cleaning.com                   $100,000

Searching.com                   $90,000
BirthdayPresents.com     $80,000
Plans.com                           $70,000
Date.me                               $70,000
Sax.com                               $70,000
Literature.com                 $60,000
US.org                                 $45,000
ShortStories.com             $40,000
Clarinet.com                     $40,000
Microphone.com                 $40,000
SchoolLoan.com                 $35,000
Trumpet.com                       $35,000
Love.me                               $32,500
CEO.info                             $32,500
Winks.com                           $30,000
MusicStudio.com               $30,000
Hometown.com                     $30,000
AnsweringService.com     $25,000
LowRateMortgage.com       $22,500
RestaurantSupply.com     $22,500
Property.net                     $22,500
HerbalTeas.com                 $21,000
arizona.info                     $21,000
Kiss.me                               $20,000
Ask.me                                 $20,000
Pepperoni.com                   $20,000
Camera.net                         $20,000
DogTrainers.com               $20,000
Frisky.com                         $20,000
ChickenRecipes.com         $19,000
Bulldozers.com                 $18,500
Buy.me                                 $17,500
Delegates.com                   $16,000
AncientArt.com                 $15,000
Loan.me                               $15,000
Bilingual.com                   $15,000
LifeInsurancePolicies.com $15,000
Massager.com                     $13,500
Ankle.com                           $13,000
HolyGrail.com                   $12,500
FirstDown.com                   $12,500
Marry.me                             $12,000
YellowRoses.com               $12,000
Sponsored.com                   $12,000
Examinations.com             $11,000
WhiteRoses.com                 $11,000
MiniMart.com                     $11,000
Amateur.net                       $11,000
Calls.mobi                         $11,000
Show.me                               $10,000
Technology.net                 $10,000
Tmployment.net                 $10,000
RolePlay.com                     $10,000
BankStatements.com           $9,000
WirelessHeadphones.com   $9,000
GameDevelopers.com           $8,500
VYK.com                                 $8,000 (benefits the ICA)
Methodology.com                 $8,000
Joke.net                               $8,000
SleepWalking.com               $7,500
Watch.me                               $7,500
Play.me                                 $7,500
Pathologist.com                 $7,000
CelebrityWeddings.com     $7,000
ClinicalPsychology.com   $6,500
Rent.me                                 $6,000
Liabilities.com                 $6,000
JapaneseGardens.com         $6,000
HotBlonde.com                     $6,000
CatBreeders.com                 $5,500
Rescued.com                         $5,000
Starve.com                           $5,000
PressConference.com         $5,000
marblefloor.com                 $5,000
OilDrilling.com                 $4,500
TelephoneConference.com   $4,500
CollectiblePlates.com     $4,500
DivingBoard.com                 $4,000
MarriageTherapists.com   $3,000
Trades.net                           $3,000
BikeStands.com                   $3,000
ElectronicSupplies.com   $3,000
SurroundSoundSystems.com   $3,000
Cuban.net                             $3,000
Europe.mobi                         $3,000
Condominiums.net               $3,000
StopSmoking.info               $2,500
OfficeFurniture.info       $2,500
Spanish.mobi                       $2,500
VintageCigars.com             $2,450
SoyPasta.com                       $2,000
Stores.mobi                         $2,000
2009.org                               $2,000
666.mobi                               $1,500
MMM.mobi                             $1,500
Races.mobi                               $750
TOTAL     $2,967,500