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Empower Geographics Files Motion to Dismiss Empower.com Lawsuit

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Great-West Life & Annuity Insurance Company, which operates a company called Empower Retirement, filed a cybersquatting lawsuit against another company called Empower Geographics over its ownership and use of the descriptive and valuable Empower.com domain name. The ACPA lawsuit was filed in the United States District Court for the Northern District of Illinois (Eastern Division).

Last Friday, the defendants in the lawsuit filed a Motion to Dismiss, as shared by IP and domain name industry attorney John Berryhill on Twitter:

Ownership Verification Still Stinks on Sales Platforms

If you look at the major domain name sales platforms, you will likely come across listings that aren’t legitimate. Sometimes a domain owner makes a typo when listing a domain name for sale, sometimes a domain owner has already sold a domain name and didn’t remove a listing, and other times people are simply messing around for whatever reason and list domain names they do not own. Domain name ownership verification still stinks on many platforms.

GDPR and Whois privacy are two issues that may cause verification issues. I believe most platforms have alternative methods of proving ownership though. In the case of domain names that were once owned by someone who listed a domain name for sale but later sold, I think it’s a pretty big challenge for sales platforms to be able to check the Whois or DNS records on millions of domain names every day to be sure listings remain valid.

Appraisal is a Good Retention Tool

A few years ago, GoDaddy reintroduced its automated domain appraisal tool. The free appraisal tool aims to give users an idea about what their domain name could be worth. The company shows the tool on various parts of its website. Here are three examples from my view, with the third being an optional column on the domain management page:

Domain Settings page:

Domain Auction page:

Domain Management page:

The appraisal tool may have a prominent place on other pages within the website that are viewed by other domain registrants. It may also be used in email marketing, but I am not aware of those efforts.

Last week, a relative emailed me asking if I could help her friend with something related to domain names. Requests like these run the gamut from acquiring a domain name to selling a domain name, and when they are made by relatives or close friends, I am generally happy to assist or at least point the person in the right direction.

The person who was looking for help this time was seeking advice about selling a domain name she has owned for about 10 years. In her email to me, she wrote, “The company that hosts it told me that it’s worth about $1200 since it’s a short .com.” Her domain name is a short 5 letter .com domain name, but from my perspective, it did not have much value that I could see. Not only was it the only extension registered for the SLD, but I did not see any prospective buyers for the domain name.

When it comes to situations like these, it is tough to tell someone their domain name probably isn’t worth much when their registrar or hosting company is saying otherwise. It is easy to explain that the appraisals are automated, but I think people have a tough time accepting that a domain name they have owned for a long time isn’t worth anything, particularly when another source says otherwise. On the other hand, just about any domain name may be worth something to someone, so there is also a danger in telling someone it is not worth anything. It’s a tough situation.

One thing I have done to help illustrate the fact that automated appraisals should not be taken as fact is to run an appraisal on an unregistered domain name. UnregisteredURLs.com is currently unregistered (not surprisingly), yet the GoDaddy appraisal tool says it is worth $636.

That brings me to the point of this article. When a customer believes their domain name has value, they are less likely to let it expire. In fact, they are more likely to try to sell their domain name to capitalize on its value. GoDaddy now makes it pretty simple for a registrant to list a domain name for sale across its network and implement a “for sale” landing page. I believe other registrars, like Epik, give customers the ability to list domain names for sale pretty easily.

People have different opinions on the validity of automated appraisal tools, but one thing is pretty clear to me – they are good tools for retention.

Due Diligence with a Phone Call

I noticed a domain name in auction recently that looked funky to me. The domain name was very old, had been unlocked and relocked without transfer, and it had an active website on it. Put simply, I found it peculiar that the domain name was listed for sale in an auction. Before I placed a bid, I needed to get confirmation that the listing was legitimate.

There have been plenty of times where something about an auction looked off, but it turned out to be legitimate. There have probably been more times where something looked off and it was either a fake listing, a case of theft, or something else that made the auction problematic. If I can prevent it, I would rather hold off on placing a binding bid than have to deal with a problem later.

Once Subject of UDRP, SmartWallet.com Sells for $175k

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At the end of 2020, a UDRP was filed against SmartWallet.com at the National Arbitration Forum. In response to the UDRP filing, Andy Booth, who acquired the domain name for $25,239.50, filed a federal lawsuit. It turns out that Andy’s company won the UDRP and the lawsuit ended up being terminated.

This morning, Andy announced that he sold SmartWallet.com for $175,000:

Booth Brothers Score $1.5 Million Profit Flip

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The Booth brothers, Andy Booth and James Booth, have done incredibly well selling domain names. They are among the most successful domain investors I have met and know. They are high risk and high reward investors, and this extends beyond the domain name investing business.

Andy and James somewhat famously acquired a Bored Ape Yacht Club (BAYC) NFT for $1.3 million worth of ETH cryptocurrency. There was a great deal of discussion when I wrote about their purchase.

Earlier today, Andy and James sold their ape NFT for 740 ETH. The sale was reported by a Twitter account that tracks the sale of BAYC ape NFTs: