Cybersquatting & Domain Dispute Attorneys / Lawyers

Foursquare Allows Domain Name Registration to Lapse

Social networking service Foursquare has made a common mistake: it allowed its domain name to lapse with registrar GoDaddy.  It is unclear whether this was because Foursquare maintained inaccurate WHOIS information, or whether its credit card had expired, but this is unfortunately a common issue. 

It is important to insure that your domain name's WHOIS information remains current, accurate, and complete, as the failure to maintain this information could result in the loss of your domain name.  If you have acquired trademark rights in your domain name, you may be entitled to recover it under the Uniform Domain Name Dispute Resolution Policy or the Anticybersquatting Consumer Protection Act, but many times a party has yet to acquire trademark rights.  That is why it is important to diligently maintain your domain name portfolio, including your WHOIS information.

Insure.com Domain Name Sells For $16 Million To QuinStreet

Domain News reports that Insure.com has sold for $16 million to QuinStreet.  QuinStreet is a vertical media and online marketing company located in Foster City, CA.  This sale is the largest publically reported domain name sale of the year and is an indicator that the domain name economy may be showing signs of a turn around. 

The transaction requires QuinStreet to submit an initial payment of $15 million in cash and a $1 million payment in 365 days.  Domain News reports that QuinStreet has been in the market for generic .com domain names in the past, and the company recently paid $18 million for a portfolio of names under the internet.com brand.

If you have a generic top-level domain name that you would like to sell, please contact one of our expert domain name attorneys today. We can help you structure the deal, provide you with domain name transfer agreements, and help you negotiate with the purchaser.

Frager Creative Group: The Best Domain Names Are De Facto Advertising: An Interview with the Dynamic Owen Frager

Traverse Legal is proud to sponsor the radio interview of  Owen Frager, the Chief Innovation Officer of the Frager Creative Group (pdf) & author of the blog "The Frager Factor." Owen is a domain marketing legend, whose statue within the community is unparalleled.

Owen Frager is a marketing strategist who has made a career out of looking beyond the accepted ways of doing things, often with startling results. Owen's creative and innovative qualities enable him to envision and anticipate the future user needs.

His marketing concepts and programs have generated over $7 billion of shareholder value, rapidly advanced eight middle managers to CEO and led to the acquisition of four private companies by billion-dollar brands.  These included an innovative strategy in a sensitive healthcare segment that combined personalized online marketing with community organization tie-ins to increase one pharmacy’s annual sales from $18 million to $600 million, directly resulting in its acquisition by CVS. Frager was previously a sales and marketing executive responsible for successful customer-focused communications strategies at technology leaders such as Océ, Citrix Systems and Alcatel.

Today, the worldwide outsourced Frager Creative team of award-winning writers, designers, filmmakers, interactive experts, presentation wizards and brand strategists helps entrepreneurs and corporate managers to define and open new markets, accelerate growth through innovation and, in some cases, fundamentally change industries.

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ANNOUNCER: Welcome to VTalk Radio Tech Spotlight, with your host, John Bentley.  This program is sponsored by Traverse Legal, PLC, a law firm specializing in internet law, domain disputes, and technology company representation at www.traverselegal.com.

Domain Name Owners Beware: The State of Kentucky Attempts to Seize Domain Names That Lead to Gambling Websites

A Circuit Court judge in Kentucky ordered the transfer of 141 domain names to the Commonwealth of Kentucky from the registrant owners that use the domain names to resolve to illegal Internet gambling sites.  According to a press release issued by the Commonwealth of Kentucky, Kentucky is the first state to pursue action against gambling websites that has resulted in the seizure of domain names.  Kentucky is attempting to force illegal online casino operators to use technology to block access to the domains, and thus the gambling, from within Kentucky.  Kentucky law mandates the forfeiture of any “gambling devices,” including domain names and the corresponding websites used for online gambling, since unlicensed gambling is illegal within the Commonwealth.  Governor Beshear believes that gambling deprives the Commonwealth of revenue and endangers its citizens.

This action by Kentucky clearly raises a number of questions related to the use of domain names for online gambling, or any other activity that a state may deem illegal.  Not only does this affect online gaming operators within the United States, but it also affects other countries.  Regardless, United States entities must now be aware of the laws in individual states, including the Commonwealth of Kentucky in order to ensure their online operation, especially as it relates to gambling, is permitted.
Failure to understand the laws and implement the necessary technological controls could lead to, as here, the forfeiture of the valuable domain name.   

Do Domainers Deserve Their Reputation As Cybersquatters Because They Fail To Police Their Own?

Domain Name Wire has a great post noting that Domainers often want to have it both ways. They 'cry foul' about the fact that many people see the business model of domain monetization, and especially parking pages, as unsavory. Domainers try to distinguish the 'white hats' from 'black hats.' But too often, people in the industry look the other way when domainers broker in squatted domains. Does the industry need to start more aggressively monitoring its own?

Domain Name Wire » News » Editorial: How the Domain Industry Can Clean Itself Up - The Domain Industry's News Source

Earlier today I read DNJournal’s weekly sales recap. There were some good sales, including RoomDividers.com at $75,000 (congratulations, Rick). But all of the good sales were overshadowed by a couple bad sales: Mozzilla.com for $40,000 and wwwMatch.com at $11,100.

Neither of these domain names would stand a chance in UDRP challenges. Both of them are typos of famous web sites. These are the types of domain sales that make the industry look bad.

To make matters worse, Mozzilla.com was sold on DNForum, a respected domain name forum. What signal does it send that domainers are trading trademark typos on a major forum? (It’s not just DNForum, mind you.) Mozzilla.com used to make money from affiliate links for downloading the Google toolbar with Firefox. Now it has a link to download Firefox, but when you click on the link it sends you to various offers such as other toolbars and registry cleaner software.

Technorati Tags: domain names, cybersquatting, mozilla

Domainer Spends $90k For Trademark Protected Domain Toyota.me

It surprises many domain name dispute lawyers that some domainers still purchase domains which are so trademark protected that is is hard to imagine how they might avoid an adverse UDRP transfer. Some domainers simply don't understand trademark law or the Uniform Domain Name Dispute Resolution Policy.

Toyota.Me Sell for 90K: Why Shouldn’t a Registry Be Liable for Profiting From the Sale of Trademark Infringing Domains?

The .ME registry just sold toyota.me for the whopping price of $90,025.

Not only is it the highest price ever paid for a .me it is agoing to be a litigation nightmare for the new owner.

It is hard to imagine how this registrant, assuming the registrant is not related to Toyota Motors, is going to avoid losing this domain and their $90,000 investment under the UDRP or ACPA litigation. While many words and names have multiple uses, some of which are non-infringing uses udner trademark law, Toyota is not one of them.

Live Auction Results From Traffic Disney - Good Numbers Being Generated

I am sitting at the live auction at the T.R.A.F.F.I.C East - Live Auction Results. I will be posting some of the interesting results and updating this post throughout the afternoon.  The prediction is that this will be a strong auction with the best portfolio of names ever offered before.    Official domain auction results from the low reserve auction here.

1. ow.com  - $ 120,000
2. closings.com  $25,000
3. maybe.com  $40,000
4. computerparts.com $80,000
5. blueray.com $30k
6. rainbow.com  $170,000
7. sexshows.com  $55k
8. filmmaking.com  $55k
9. anger.com  $49k
10. boxingnews.com $25k
11. labsupplies.com $18k
12. footballscores.com  $37.5k
13. floortiles.com $30k
14. typo.com  $25k
15. endorsement.com $16.5k
16. onlinecounseling.com $12.5k
17. conglomerate  $20k
18. civilclaims.com $8,500
19. engraved.com $19k
20. influential.com $12k
21. postalcodes.com  $42,500 (most activity award!).

T.R.A.F.F.I.C East - Live Auction Results From Disney

I am sitting at the live auction at the T.R.A.F.F.I.C East - Live Auction Results. I will be posting some of the interesting results and updating this post throughout the afternoon.  The prediction is that this will be a strong auction with the best portfolio of names ever offered before.    Official domain auction results from the low reserve auction here.

1. gasprices.com - $225,000
2. susan.com - $50,000

Extend the Value of Your Domain Name & Realize a Multiple on Your Investment

Elliot's Blog | Domain Name Investing News & Commentary

One of the coolest things about owning a domain name is that you can get into just about any type of business your heart desires. Domain ownership breaks down some of the barriers of entry in an industry, and it allows you to jump right in feet first. You don’t necessarily need to sell product or services to be in a particular business, and you can make your own niche in the industry....

Of course you could do much more with a domain name than start a blog. You could build a directory site or e-commerce site with a little more work. By purchasing a domain name, you are buying a piece of land in the business district of your choice, and you can build whatever you would like. Is jewelry your thing? Why not set up shop on Jeweler’s Row on Sansom Street in Philadelphia? Want to work in the stock market? Why not buy a property on Wall Street? With domain ownership, you can virtually open a business anywhere you want!

Well said Elliot. Domain names offer tremendous potential for those willing to put the creative time and energy into domain name development. You can take a $10,000 domain name and turn it into a $100,000 business. You can establish trade mark rights in a domain name by using it as a brand to identify goods or services, thereby extending its value. Trademarks and service marks continue to increase in value as intangible property. Developing legitimate content, product sales ans services continues to grow in importance within the domainer community.

Many domainers are realizing that there is more to the business of domain names than resale. Using a domain name as business offer tremendous potential for ROI.

Technorati Tags: domain name, monetization, domainer

Frank Schilling Talks Cybersquatting & Domain Monetization

What is Legitimate Domaining? 

We are proud to sponsor this vTalkradio interview with Frank Schilling. Frank Schilling is one of the largest private generic domain name holders in the world.  In this interview, Frank Schilling provides invaluable information about domaining, cybersquatting and generic domain registration.  Interview highlights include great instructional information about how to avoid cybersquatting problems, the tension between trademark holders and domainers, abuses by the trademark community and the next wave of domain monetization.