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Video: Braden Pollock and Nat Cohen Discuss UDRP Reform

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One of the biggest risks to domain name investors is a UDRP. Pretty much any company can file a UDRP against any domain name. Hiring a lawyer to fight a UDRP can be costly (perhaps less so than not hiring one), and even with top representation, a UDRP can be decided in favor of the complainant.

The Internet Commerce Association was created to fight for the rights and interests of domain name investors. The ICA has some great informational resources to assist domain name owners whose domain name is subject of a UDRP. The organization also makes efforts to ensure the UDRP process is fair for domain investors. In fact, it was the ICA that helped to discredit and eliminate the retroactive bad faith theory that impacted some high value domain names.

During NamesCon, Braden Pollock sat down with ICA Board Member Nat Cohen, and they chatted about the UDRP reform efforts current being undertaken by the ICA. The interview was sponsored, edited, and published by NamePros. It is absolutely worth 15 minutes of your time today.

→ Read More


RDNH Finding in AirZone.com UDRP

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Nat Cohen's Telepathy won a UDRP that was filed against AirZone.com, a domain name the company registered in 1999. The three member panel also found that the complaint to be Reverse Domain Name Hijacking (RDNH). The UDRP was defended by domain attorney Zak Muscovitch of DNAttorney.com.

There were several factors that contributed to the decision. Among the factors that stood out the most for me:


  • Telepathy registered several (keyword)Zone.com domain names on the same day and at around the same time, showing that the company didn't target the complainant.

  • Telepathy owns a variety of generic domain names, such as this one, which are owned legitimately and without the purpose of infringing on the trademarks of other companies.

  • Complainant made an offer to buy the domain name

  • There were several purchase offers from a variety of companies, which showed that there are many entities that could use the domain name and that the complainant's brand wasn't targeted by the owner.

  • Complainant filed the UDRP 12 years after submitting → Read More


James Fenwick Retains Fenwicks.com After UDRP

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I recently reported that the 1996-registered Fenwicks.com domain name was the subject of a UDRP proceeding. Of note, the domain name appeared to be owned by the same person, James Fenwick, for many years. It was surprising to see a UDRP filed against a domain name with those circumstances.

Yesterday afternoon, I saw that the status of the UDRP had been changed to "Terminated." A Whois search showed me that the domain name was still owned by the same registrant as before, so it did not appear that the owner lost or sold the domain name. I reached out to Mr. Fenwick to see what happened with the UDRP and find out if he was able to reach a deal with the complainant. Mr. Fenwick was kind enough to reply and share an update that he  allowed me to share publicly:

"I retained Stevan Lieberman who successfully assisted in showing that my right to the domain name extended over the past twenty-one years.

Given the evidence the complainant decided to withdraw. And no, I did not sell the domain name even though a purchase was offered by → Read More


ICA Names Award After Lonnie Borck

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internet-commerce-association-icaThe Internet Commerce Association (ICA) has announced it has  named an award in memory and honor of  domain investor Lonnie Borck, who unexpectedly passed away in October at the age of 47. The Lonnie Borck Memorial Award will be given annually to recognize an individual or organization for extraordinary efforts in championing the rights of domain name owners.

The ICA Board of Directors, along with the consensus of the ICA membership, selected David Weslow of Wiley Rein as the first recipient of the Lonnie Borck Memorial Award. In announcing the recipient of this year'a award, the ICA Board made note of David's "dedication and persistence in his pro bono representation of Heidi Powell in the HeidiPowell.com dispute." You can read more about this legal dispute on USA Today and Domain Name Wire.

Nat Cohen, an ICA board member, shared some thoughts about Lonnie and this new award: (more…) → Read More


Nat Cohen & Garry Chernoff to be Inducted into Hall of Fame

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A couple of days ago on Facebook, THE Domain Conference announced that Garry Chernoff and Nat Cohen are going to be inducted into the Domain Industry Hall of Fame:



Nat and Garry are (more…) → Read More


Telepathy Sells Podium.com

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I spend a considerable amount of time doing Whois searches on great domain names. One company that comes up more than most is Telepathy. This morning, I noticed a Whois change on Podium.com, a domain name formerly owned by Telepathy and now registered privately. Podium.com was also recently transferred from Name.com to GoDaddy, which led me to believe that Nat Cohen's company sold the domain name.

I reached out to Nat to see if he could share any details about Podium.com, and he referred me to Media Options' Andrew Rosener. Although neither would confirm the purchase price, Andrew confirmed that the domain name was sold. "We can't comment on any details of the transaction, but Media Options brokered the sale of Podium.com in what would be one of the leading sales of the year if made public," Andrew told me.

Based on (more…) → Read More


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