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Pop-Unders on Network Solutions Parked Pages?

Elliot Silver
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I recently noticed the webcam for Lowell.com was no longer functioning. I visited the website of the funeral home that operates the webcam, and I came across a Network Solutions landing page. While I initially thought they must be making some changes to the site, I didn’t contact the funeral home to ask if something was amiss. Needless to say, I always have my pop-up blocker on, so I went back to the business of developing Lowell.com and didn’t really think twice.
Today, while in the process of doing something that required me to disable my pop-up blocker, I noticed their site wasn’t working again. After seeing the Network Solutions landing page (image below), I clicked away and got a pop-under with PPC links on it. While the header of the pop-up says “http://kolmic.com – Mcdonoughfuneralhome.com” the body doesn’t look similar to anything of Network Solutions’.
The domain name registration is current – and in fact registered through August of 2013. Has anyone seen this before? Is Network Solutions adding annoying pop-unders to their parked pages to monetize them even more than going beyond the standard single page PPC links or is something else going on here?


McDonough Landing PageMcDonough Pop-Under

Domain as Leverage in Negotiating Tactic

Elliot Silver
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Shame on Vancouver’s Stanley Park board of directors for trying to use a local entrepreneur’s domain name as a negotiation tactic in a license renegotiation. According to an article in the Vancouver Sun, the Stanley Park board of directors seems to be using carriage entrepreneur Gerry O’Neil’s StanleyPark.com domain name as a leverage in their negotiations. O’Neil’s carriage company calls Vancouver’s famous Stanley Park it’s home, and they offer carriage rides in the park, as they’ve done since 1985.
An excerpt from a 2005 letter sent to O’Neil asking him to relinquish his domain name reveals the underlying negotiation tactic:

“We are aware that your current licence [sp] agreement with the board expires on April 30, 2008, and that you will likely wish to negotiate a renewal term in the near future.”

To me, this looks like they are trying to tell O’Neil that they will not look favorably upon his renewal application should he not turn over the domain name to them. Not only does O’Neil have every right to his domain name, he is also an advocate for the park. In fact, in his current license renegotiation, he has indicated that he is willing to pay $200,000 towards improvements in the park over 10 years, while the park only wants a 5 year deal with $100,000 in improvements.
If the Stanley Park board of directors wants the domain name badly enough, they should pay him a fair price. Perhaps they should commit to the $200,000 in park improvements in exchange for the domain name to save O’Neil’s company a considerable amount of money. Had they had the foresight to register the domain name before O’Neil, they wouldn’t be in this predicament.
It’s a shame that another group believes they have the right to a privately held domain name owned by someone else. They are lucky that a park supporter such as O’Neil owns the domain name rather than someone else who could use it for other purposes that might not be in the park’s interest.
Special thanks to DomainReport.ca for spotting this.

Generating Revenue While Building Your Brand

Elliot Silver
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Although I haven’t set a merchandise shop up for Lowell.com yet, I’ve heard that these shops can be a nice source of passive revenue, and they help build brand recognition. David Castello emailed me to let me know about a large hat sale that was made via the Nashville.com merchandise shop.
While CCIN netted a couple hundred dollars from the order of 55 hats, the greater benefit is that there will be a bunch of people receiving hats with their logo, and hopefully some of them will actually be worn by those who receive the hat! While many entrepreneurs pay big bucks for various branded tsotchkes to give away, having a shop allows people to actually brand your site for you! CafePress offers an easy to use and operate white label shop, and I plan to set mine up in the next couple of weeks.
This is one reason why having a fun logo is important to set your brand apart from other websites.

Importance of Having Cash on Hand

Elliot Silver
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While it is generally a good business practice to keep an adequate amount of cash on hand to cover expenses for at least a few months, there are plenty of reasons why it is necessary to do so if you are in the domain industry. Aside from the lost opportunity of not being able to purchase a domain name that can help your business, you never know when unexpected liabilities will pop-up, and money will be needed.
A perfect example is the LH.com legal situation. While we can all assume FMA has adequate cash to pay for the defense of LH.com, smaller domain investors might not have had the cash. I would peg the re-seller/need to liquidate quickly value of LH.com in the ballpark of $300,000 (not taking the offers received or anything else other than the 2 good letters into consideration). Had a domain investor saved up and purchased LH.com as his prize investment, there is a good chance he would have been drained of his cash reserves. While he holds a high value domain name, you can’t really pay the bills with this paper worth.
Now say a UDRP is filed against the domain name. The ballpark cost for a UDRP defense is anywhere from $5,000 – $15,000 (very high) if you hire a competent domain attorney. With that said, if the UDRP defense was unsuccessful, the domain owner would be on the hook for the defense fees, and he would have lost this $300,000 hypothetical paper value. If a federal lawsuit would follow this action, as it could be the only way to recover the domain name, the cost of this could be in then tens to hundreds of thousands of dollars. While it is possible to sue for attorney’s fees, I don’t know the success rate of that.
The point of this is that we often jump on great domain deals when they come up, but as business people, we need to be mindful of the cash we have in reserve. Even though the interest rates in American banks are very low and we all assume that most of our premium domain names are fairly liquid, we need to realize that our domain names could be frozen and contested by overreaching corporate entities, and we need to be prepared to defend them.

If I Were You…

Elliot Silver
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People often say you shouldn’t develop a domain name just to develop it. You should either have a passion for the topic or have knowledge about the industry, as a development project is difficult, and if you don’t enjoy that business, you are going to have regrets. While that advice may be 100% accurate, I think high value domain names need to be secured, and it appears that development may be the best way to secure them. After the recent LH.com UDRP decision, I would advise people to develop the domain names they can’t afford to lose via UDRP.
Yes, the chances of losing a name via UDRP are still arguably slim, but with each decision like the LH.com decision, it becomes easier and easier for companies to cite other similar cases when they file a UDRP for a generic domain name. I do understand the difficulty of developing all of your domain names if you have hundreds of names. I would argue that if you do have hundreds of domain names, you are probably at the greatest risk of losing your names – even if they are generic. In fact, the LH.com decision cited:

“…Respondent’s business model involves the indiscriminate acquisition and use of as many such domain names as possible. The traditional analyses of the rights to or legitimate interests element should not apply in gross when a registrant is not seeking to use any particular domain name to conduct business, is not otherwise known by that name, and has no interest in the nature of the transferor’s rights there from.“

Trust me, I know how hard it is to develop domain names. I haven’t started soliciting advertisers for Lowell.com, and as such, I am only making a few dollars from the hotel and job boards at the moment, but I know with optimization will come advertising dollars. This is a full scale business I have developed, rather than just a developed domain name. There are plenty of options out there to develop where you don’t need to spend a ton of time or money. If I had more high value domain names, I would be developing all of them quickly.
Incidentally, check out Salinas.com to see a site that was fairly quickly put together.   Maybe I could generate a little more revenue if it was parked, but as it is, I have closed close to 25 hotel reservations in less than 2 months, have generated good revenue from the job board, and have a nice deal with the photographer. Once I develop the domain name more fully (in a couple of months), it will look even better.

LH.com – A Scary Decision

Elliot Silver
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The decision has been reached in the LH.com UDRP filing which pitted Future Media Architects up against airline giant Lufthansa. Unfortunately for the Respondent FMA, the domain was ordered to be transferred to Lufthansa, which seems to be a terrible decision, in my opinion. How one company can claim the rights to owning a two letter domain name is beyond me. According to AcronymFinder.com, there are 38 listed meanings for the “LH” acronym, and there are countless businesses who have LH as their initials.
This case is far from over, however, as FMA filed a preemptive lawsuit against Lufthansa in case they lost the domain name via UDRP. It will be interesting to see how this case gets resolved, but as of now, Lufthansa won the first battle for LH.com.
It’s times like these that I wish the Internet Commerce Association had more support and was able to help domain registrants fight large corporate entities. At the moment, we are like a herd of deer being chased down by a hungry lion. The individual chances of one of us getting picked off by the lion are slim in a herd of hundreds of deer, but the likelihood of one deer getting killed is great.
Friends, we need to be like the Water Buffalo in this thrilling video. While the pride of Lions (and even the hungry crocodile) are trying to kill a young water buffalo, the herd returns to save him. As domain investors, we need to put individual squabbles aside and realize that a united and active group of self-protective domain owners can help stave off large corporations. The Snowe Bill was just one thing that threatens our industry. In the months ahead, we will certainly face other obstacles, and it is important that we help each other.
We are a small industry, but we wield tremendous power. Individually, it might be difficult to take on the wealthy corporate powers who want nothing more than to take generic domain names for a song. As a united group, we can stop them. It’s time to stop looking after our individual assets alone and to unify and help protect the domain investment industry.

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