The Rick Schwartz Domain Name and Traffic Blog RicksBlog.com.........Home of the "Domain King"®

DNS Change in Progress

Afternoon Folks!

As of this moment and over the weekend this blog will finally be moving to the WordPress platform. So Ricksblog.com may be dark at points in the coming days as we get things set up.

Rick Schwartz

T.R.A.F.F.I.C. Auction TODAY at 2PM Las Vegas Time. Final List!

Morning Folks!!

Below are the final list of domains being auctioned today.We accept phone bids, text bids and pre-bids. Just contact Ray Neu. ray at 54.ws before NOON today west coast time.

Someone commented on one of the blogs that he could only find 5% of the domains on the list to bid on. I told that person that a professional investor would focus on that 5%. Don't you WISH you could look at a list of domains and find 5% that you like?? I have had hundreds of thouands of domains submitted to me over the years and I can tell you that 5% is a big number. It's roughly 100x more than the average domain in any list I have seen. 

Just a note, don't get caught asleep. There my be a domains listed that are quite a but under "Reserve under". Pus 70% of the list is NO RESERVE. A true no nonsense auction where you can rest assured all bids are real, genuine and folks that have preregistered to bid. No GHOSTS!!!

ICA Charity Auction of..... 

Lot# 100 Cleanest.com No Reserve! All proceeds going to ICA!!

Lot #101A Messiest.com No Reserve! All proceeds going to ICA!!

Lot# 101...3DChannel.com (Reserve under $10K)
Lot# 102...3DMovie.com (Reserve under $10K) Daily traffic.
Lot# 103...3Dtraveller.com
Lot# 104...777.me (Reserve under $5K)
Lot# 105...AAAratings.com
Lot# 106...AffiliateAdNetwork.com
Lot# 107...AFQ.com (Reserve under $15K)
Lot# 108...Artist.us and Artists.us 
Lot# 109...Bereaved.com
Lot# 110...Bouquet.com 
Lot# 111...Breaching.com 
Lot# 112...BreastImplantRemoval.com
Lot# 113...BulletProofVest.com (Reserve under $20K)
Lot# 114...CardioMD.com
Lot# 115...CashBusiness.com (Reserve under $10K)
Lot# 116...CellularWallets.com
Lot# 117...ChampWrestling.com
Lot# 118...CheapClicks.com
Lot# 119...CheckBuy.com (Reserve under $8K)
Lot# 120...Coater.com
Lot# 121...ConsolidateDebt.org
Lot# 122...CustomNamePlates.com
Lot# 123...CycleClassifieds.com (Reserve under $10K)
Lot# 124...DataScanners.com
Lot# 125...DelinquentAccounts.com 
Lot# 126...DelinquentTaxProperties.com
Lot# 127...DivorceRate.com
Lot# 128...EuropeanAutos.com (Reserve under $12K)
Lot# 129...FantasyDomain.com
Lot# 130...FreeCityGuide.com
Lot# 131...FreeVehicleRecord.com AND FreeVinHistory.com (As one lot)
Lot# 132...Friending.com
Lot# 133...GameSnaps.com
Lot# 134...Gays.us
Lot# 135...Hindering.com
Lot# 136...illegals.com (Reserve under $5K)
Lot# 137...iloveCali.com and iloveNevada.com and iloveUtah.com (one lot)
Lot# 138...ImportRugs.com
Lot# 139...Jax.net
Lot# 140...JesusChrist.es
Lot# 141...Klaxons.com
Lot# 142...LasVegasReservations.net (Reserve under $5K)
Lot# 143...LasVegasSigns.com, PureSlots.com, VirtualSlotMachines.com (Reserve under $2K)
Lot# 144...LawnMowing.com (Reserve under $25K)
Lot# 145...MenSupplements.com
Lot# 146...MovieTheatre.com AND MovieTheater.com (Reserve under $50K)
Lot# 147...MylarTape.com
Lot# 148...NevadaRooms.com
Lot# 149...NewHomePlans.com AND NewHousePlans.com (As one lot)
Lot# 150...NudeGallery.com
Lot# 151...NYCCam.com
Lot# 152...OfficeDating.com
Lot# 153...OnlineClassrooms.com (Reserve under $5K)
Lot# 154...PetTshirts.com 
Lot# 155...ProBoatRace.com and ProBoatRacing.com (1 lot) (Reserve under $10K)
Lot# 156...PuppetMaster.com
Lot# 157...ReunionPlanning.com
Lot# 158...RomeRestaurants.com
Lot# 159...Silly.tv
Lot# 160...Slurpy.com
Lot# 161...StrategicWorkforce.com
Lot# 162...Therapeutic.com (Reserve under $10K)
Lot# 163...Thriller.com (Reserve under $250k)
Lot# 164...Time.travel (Reserve under $2K)
Lot# 165...Topbrokers.com (Reserve under $10K)
Lot# 166...TransmissionRepairShops.com
Lot# 167...VCguys.com
Lot# 168...VehicleRecord.com
Lot# 169...VisualVoicemails.Com
Lot# 170...WhatTheF.com
Lot# 171...WorkingOvertime.com
Lot# 172...GamblingMadeEasy.com

Happy Bidding!
Rick Schwartz 

 

What Happens in Vegas Will NOT Stay in Vegas!

Morning Folks!!

Regardless of the slogan, one thing I can assure you is that what happens in Vegas will not stay in Vegas and for very good reason. Actually for many reasons. But let's stick to the obvious. The walls talk and your movements are being recorded.

Probably the most densely populated camera city on earth and that is before we get to all the cameras that people have with the them. So the days of anonymity especially in Las Vegas are over.

But that really is only a sideshow to why the things that happens this week won't be contained to a few hundred but will be open to many millions. Open for weeks, months or even a lifetime. 

What we do at T.R.A.F.F.I.C. is a proven recipe. Something happens at our shows. Some folks come doubting and dejected and leave on a tidal wave high. Destiny happens at TRAFFIC. Both good and bad but overwhelmingly good because that is our only goal. 

Soon TRAFFIC will be entering our 10th year. What started as a one time event sprouted and expanded and became important to all. 2015 will mark the culmination of a 20 year plan and I look forward to handing over the wheel to someone to run for the next 10-20 years. 

All I know is each and every show has made an impact in my life and that of many others. Looking back to highlights of years gone by and TRAFFIC keeps popping up both personally and professionally because not only do you make a lot of memories, you make a lot of money too and that makes it even more memorable. Plus businesses have been born at TRAFFIC. Many of them.

There is only one really good reason to come to TRAFFIC. That's because it is in your own self interest and that is what it comes down to each and every time. And guess what? That's okay. 

So as folks begin arriving in Las Vegas, let the news stream out because what happens in Vegas will go worldwide and is no longer contained to a few ballrooms. So sorry Las Vegas, eyes and ears are everywhere. Just ask OJ. ;-)

Many folks will be arriving today and tomorrow and when it is all said and done each of those 250-300 will go home happy, energized and ready to do battle for the next 4 months until October whrn we do it all again!!

Rick Schwartz

The Unfortunate Reverse Domain Name Hijacking (RDNH) of RonPaul.org

Morning Folks!!

You can tell by the comments that there is a lot of mixed emotion on this one. I have yet to sort it out myself because of the "Unique facts". But my job here is to simply publish the results and sometimes some commentary. This one I need to think about. I need to examine the facts closely but this is a decision by a 3 member panel and it is supported with their findings and as you will read below the domain was offered at "no charge, with no strings attached" by the owner.

"Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

"Respondent has requested, based on the evidence presented, that the Panel make a finding of Reverse Domain Name Hijacking. In view of the unique facts of this case, in which the evidence demonstrates that Respondent offered to give the Domain Name ronpaul.org to Complainant for no charge, with no strings attached, the Panel is inclined to agree. Instead of accepting the Domain Name, Complainant brought this proceeding. A finding of Reverse Domain Name Hijacking seems to this Panel to be appropriate in the circumstances."

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon. 

Harsh? You bet!! They join Procter and Gamble and any others. But P&G later BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

The PUBLIC now OWNS the reputation of each of these companies and individuals as well as the attorney's that KNOWINGLY aid and abet because they KNOW BETTER. They are all now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice. 

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 41 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in. 

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward. 

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well. 

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking 

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America. 

D. Reverse Domain Name Hijacking

Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.  

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking. 

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

Case #41 Complainant is the Honorable Ron Paul of Lake Jackson, Texas, United States of America, represented by LeClairRyan, United States of America." Ron Paul has been found GUILTY of Reverse Domain Name Hijacking. I certainly invite the congressman and/or the domain owner to comment here or even write a guest blog post. 

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz 

 

Related articles

How to Prevent a Reverse Domain Name Hijacking. Rick Style! Thieves take Note!

Is it TIME to Make a CLAIM against the RDNH Domain if it is not a .Com?

CyberSquatters Meet CyberF*uckers

Office of Medical & Scientific Justice, Inc. GUILTY, Reverse Domain Name Hijacking (RDNH)

The Charitable Domainer and a FREE Suite Upgrade at Bellagio

Evening Folks!!

Ever since AirKatrina.com in 2005, 3.5 hours at the FBI headquarters in Miami, unable to even call my wife, a $2500 legal bill, the Attorney General on TV about this case and one of Ricks Board members actually going to jail for 2 years, plus some personal fallout and more stress than anyone needed, I have shyed away from getting involved in any charities.

That said there are two charitable events going on at this moment worthy of your attention.

On Elliots Blog there is a charity domain auction in which it states "ALL proceeds will go to the American Red Cross’ Oklahoma City chapter". So be generous with your bidding. More details available here.

Next Thursday afternoon at 2:30PM in Las Vegas the domain Cleanest.com at No Reserve will be auctioned off at T.R.A.F.F.I.C. and 100% of the proceeds going to ICA!!

Additionally T.R.A.F.F.I.C. will be donating $50 for each attendee that goes to the Water School Party on Thursday night.

Lastly Prices for T.R.A.F.F.I.C. go up to $1995 starting Monday and at the door. The FIFTH person that registers before 5PM tomorrow at $1795 and books at the Bellagio gets a FREE UPGRADE from a regular room to a FULL suite that goes for $350/night. A $191 incentive PER NIGHT!! Available Wednesday, Thursday and Friday nights. $573 BONUS! GO!

Rick Schwartz

Final T.R.A.F.F.I.C. Auction List

Morning Folks!!

The following is the Final Auction List for TRAFFIC Next Week. There will be NO online bidding. But we tried. I explained the reasons on the comment section of this post by Elliot. Below is a note DIRECT from the Bellagio that illustrates my concerns. Even for the most expensive hotel ever built. 

Now for folks that do not believe that connectivity at hotels is a problem, let me share an email from YESTERDAY from the Bellagio and THEN you MAY understand.

"As for the WiFi, we are all set with the SSID and Access Code. I
spoke with our IT guys about the importance of delivering a product
meeting your expectations, and they gave me a warning that the #1
issue they see are “MiFi” devices and rogue wireless devices
generating interference. They suggest using the 5ghz band for MiFi
devices if they are needed."

Let me be clear. Connectivity at the hotels IS an issue. If you don't know a cover your ass note when you see one...........

Therefore there will be NO online bidding. Phone, text or pre-bids only. Sorry to disappoint the shills and pumpers. 

So with that information, There will be phone bidding, Text bidding and prebidding. You can register for these services by contacting Ray Neu.  ray at 54.ws no later than next Tuesday at noon. 

MOST (about 70%) of the domains below come with NO RESERVE and will be sold to the highest bidder!

ICA Charity Auction of Cleanest.com.
No Reserve. 100% proceeds go to ICA

Lot# 101...3DChannel.com (Reserve under $10K)
Lot# 102...3DMovie.com (Reserve under $10K)
Lot# 103...3Dtraveller.com
Lot# 104...777.me (Reserve under $5K)
Lot# 105...AAAratings.com
Lot# 106...AffiliateAdNetwork.com
Lot# 107...AFQ.com (Reserve under $15K)
Lot# 108...Artist.us and Artists.us 
Lot# 109...Bereaved.com
Lot# 110...Bouquet.com 
Lot# 111...Breaching.com 
Lot# 112...BreastImplantRemoval.com
Lot# 113...BulletProofVest.com (Reserve under $20K)
Lot# 114...CardioMD.com
Lot# 115...CashBusiness.com (Reserve under $10K)
Lot# 116...CellularWallets.com
Lot# 117...ChampWrestling.com
Lot# 118...CheapClicks.com
Lot# 119...CheckBuy.com (Reserve under $8K)
Lot# 120...Coater.com
Lot# 121...ConsolidateDebt.org
Lot# 122...CustomNamePlates.com
Lot# 123...CycleClassifieds.com (Reserve under $10K)
Lot# 124...DataScanners.com
Lot# 125...DelinquentAccounts.com 
Lot# 126...DelinquentTaxProperties.com
Lot# 127...DivorceRate.com
Lot# 128...EuropeanAutos.com (Reserve under $12K)
Lot# 129...FantasyDomain.com
Lot# 130...FreeCityGuide.com
Lot# 131...FreeVehicleRecord.com AND FreeVinHistory.com (As one lot)
Lot# 132...Friending.com
Lot# 133...GameSnaps.com
Lot# 134...Gays.us
Lot# 135...Hindering.com
Lot# 136...illegals.com (Reserve under $5K)
Lot# 137...iloveCali.com and iloveNevada.com and iloveUtah.com (one lot)
Lot# 138...ImportRugs.com
Lot# 139...Jax.net
Lot# 140...JesusChrist.es
Lot# 141...Klaxons.com
Lot# 142...LasVegasReservations.net (Reserve under $5K)
Lot# 143...LasVegasSigns.com, PureSlots.com, VirtualSlotMachines.com (Reserve under $2K)
Lot# 144...LawnMowing.com (Reserve under $25K)
Lot# 145...MenSupplements.com
Lot# 146...MovieTheatre.com AND MovieTheater.com (Reserve under $50K)
Lot# 147...MylarTape.com
Lot# 148...NevadaRooms.com
Lot# 149...NewHomePlans.com AND NewHousePlans.com (As one lot)
Lot# 150...NudeGallery.com
Lot# 151...NYCCam.com
Lot# 152...OfficeDating.com
Lot# 153...OnlineClassrooms.com (Reserve under $5K)
Lot# 154...PetTshirts.com 
Lot# 155...ProBoatRace.com and ProBoatRacing.com (1 lot) (Reserve under $10K)
Lot# 156...PuppetMaster.com
Lot# 157...ReunionPlanning.com
Lot# 158...RomeRestaurants.com
Lot# 159...Silly.tv
Lot# 160...Slurpy.com
Lot# 161...StrategicWorkforce.com
Lot# 162...Therapeutic.com (Reserve under $10K)
Lot# 163...Thriller.com (Reserve under $250k)
Lot# 164...Time.travel (Reserve under $2K)
Lot# 165...Topbrokers.com (Reserve under $10K)
Lot# 166...TransmissionRepairShops.com
Lot# 167...VCguys.com
Lot# 168...VehicleRecord.com
Lot# 169...VisualVoicemails.Com
Lot# 170...WhatTheF.com
Lot# 171...WorkingOvertime.com
Lot# 172...GamblingMadeEasy.com

If you want to be a Successful INVESTOR, Stop Being a WHORE!

Morning Folks!!

If you can't handle the truth then stop reading and go buy a comic book. I have stated for years that the bar to entering domaining is very low and when you look at how some look at their business it becomes obvious.

Even domain flippers are selling collectible and unique assets with an income producing potential with a global presence. Except many of them don't know it. They think they are selling a PRODUCT they buy for $100 and sell for $200 or $300. They mark it up like inventory. Inventory?? 

So this caught my eye. "You devalued your domains by offering them everywhere for sale: forums, brokers, flippers, your mom. Hold them locked up like a virgin in a harem, next time."

Copyright DomainGang.com:http://domaingang.com/domain-news/71-reasons-why-your-domains-suck/

Well those words are PRICELESS. The #1 challenge the Domain Industry has always faced is being a whore to make a sale and never understanding the TRUE value of a domain name. I have talked about it before. For many years. But Lucius put it in a very succinct sentence.

This week I used the Beep.me domain as an example. A $2000 sale of a domain could EASILY be worth INTO the 6 figures. First of all wtf is anyone or any company selling a domain like that for $2k?? A PREMIUM domain name worthy of much better then a $2000 sale. So sales are going down not because business sucks but because of things like this. All these companies should have QUALIFIED folks on staff to comb thru domains like this and not let them slip thru. Problem is the 50 people on the planet that may be qualified to do that have their own gigs and the last thing they need is a job. 

This was just easy pickins for me because I think it was a good illustration. And if Beep.me has no value then the 1900 .whatevers don't either. But a "Natural" is a "Natural" and THAT is the key to any .whatever. If it is just a word with a .crap extension it will always be limited in value and business if any at all. But the top .whatevers will have some "Natural" sounding things that have a chance. But that is the extent of it. 

Half of you will jump on .crap and put a crappier name in front of it. Shitty.Crap. Which at least has MEANING! If you put Shitty.Crap out there I guarantee it is self explanatory. May not work as well with unrelatedwordsstucktogether.crap

Don't even get me started. I just see some companies undervaluing their assets in a way that is unfathomable to me. But that is their business and not for me to say this or that. So I don't want these companies to take offense. I can list many. Maybe all. Not that bad for a domain investor. But I have the ability to look at it from their side of the table and the least these companies need to do is isolate 6 and 7 figure domain names.

MOST domainers would flip that domain for $5k in 24 hours. BAD MOVE!!! At LEAST know the difference between a $5 domain and a $250,000 one. $100,000 on a rainy day. Fine, don't agree. But then you are no domain investor either. Maybe it is $25,000 or $50,000. Doesn't matter. 

The point is even if you are a domain flipper this business is MUCH MORE than doubling or tripling the price against your cost. It is understanding you are in the diamond business whether you want to be or not and all diamonds are not the same. Beep.me is a diamond to somebody.

If I had the time I would open my own appraisal service and charge folks $250 each for a no bullshit Rick Schwartz valuation. Of course the ones I certify as "Pigeon Shit" would make the owners very unhappy. lol But I would have to focus on domains with a minimum value of $25,000. But who has the time?

I have said for years that the only difference between a $3000 call girl and a $50 corner whore is the asking price and the value they put on themselves. I have seen beautiful $50 street whores and some homely $3000 call girls. (Seen, not used lol)

But domains can be truly measured for value in a number of ways. The automated ones are silly. They don't work. They factor in many pieces of the equation but fail to factor in the key pieces. TheDomains.com did a piece where they valued the domains at the TRAFFIC Auction at $1.85MM.

Well I like to mental masturbate as much as the next guy but the TRAFFIC Auction list is not worth $1.85MM and if it is, some folks are going to get some incredible bargains.

Just to be clear…

Flipping is just short term investing. Nothing wrong with that at all. It’s a great way to make a lot of money. I just prefer the long term outlook because it is less work and I have the luxury of waiting and that was my approach from the get go so that’s how I roll. 

But even that does not always work out as I lose money on domains sometimes too. lol

99% of the domains I see have very limited value. 1% have value. 1% of those have great value. So when you are in a diamond mine only morons talk about the glass. The pros are busy looking for the diamonds in all that crap pile of glass. They only talk diamonds. And hopefully the biggest and best diamonds they can find. 

Point is to STUDY first and then decide to sell or hold. Do you know how many emails I get from people that got a domain 5 SECONDS ago?? Flip less and make more!! Work smarter, not harder. Good luck!

Have a GREAT Day!
Rick Schwartz 

 

Office of Medical & Scientific Justice, Inc. GUILTY, Reverse Domain Name Hijacking (RDNH)

Morning Folks!!

As reported by TheDomains.com last Friday......

Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was just found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com by a one member National Arbitration Forum UDRP decision.

So Office of Medical & Scientific Justice, Inc. joins the other GUILTY PARTIES below. Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA should have known better. So as time goes on BOTH the company and the attorney are tagged in this. I BELIEVE that by virtue of these decisions they are CO-CONSPIRATORS. They BOTH engaged in activity that was deemed as hijacking. 

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon. 

Harsh? You bet!! They join Procter and Gamble and any others. But P&G later BOUGHT the domain name later on.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice. 

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 39 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in. 

The PUBLIC now OWNS the reputation of each of these companies. They are now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward. 

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well. 

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking 

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled under USD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America. 

D. Reverse Domain Name Hijacking

Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.  

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking. 

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 hivinnocencegrouptruth.com and hivinnocenceprojecttruth.com. Office of Medical & Scientific Justice, Inc. represented by Matthew H. Swyers of The Trademark Company, LLC, Virginia, USA. was found guilty of Reverse Domain Name Hijacking (RDNH) in attempted theft of the domain names.

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz 

 

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How to Prevent a Reverse Domain Name Hijacking. Rick Style! Thieves take Note!

Mr. Edward Smith of California GUILTY of Reverse Domain Name Hijacking!!

Is it TIME to Make a CLAIM against the RDNH Domain if it is not a .Com?

Introducing RDNH.com: a database of reverse domain name hijacking cases

The Domain Industry. The Industry that Doubts Itself.

Morning Folks!!

How can it be?? How does it happen? An industry of such strong willed folks that are also strong doubters in what they themselves do. It is so sad to see folks reacting in a short term manner in what is a life long marathon.

There is NO OTHER INDUSTRY ON EARTH with such a low bar to enter and how quickly you can change your destiny. But unfortunately most folks are clueless when it comes to what makes one domain have great value and one that will just rot until you drop.

Worse is when I see domains of GREAT VALUE being sold for chump change. So the opportunity is out there. But if you are not ARMED with the knowledge as to what makes one domain have GREAT value as opposed to doubling your money, then you will find the road difficult. If you don't understand sales and what motivates some to buy you will not understand domain names.

So you want an example? Fine. The other day somebody got a great bargain. Somebody bought a domain that was $2000 at Sedo and whether you agree or not is worth into the 6 figures. It's not worth 6 figures if he sells it tomorrow. It is worth 6 figures if he buys it to plant. It's worth 7 figures if he uses it for a business. It's not even a .com.

So opportunity in domains come in many wrappers and flavors. The problem is so many seeing the true potential value once the music stops and the .com domain inventory shrinks and shrinks and shrinks. See many are in a business of diminishing returns. A domain can only be bounced around domainers a few times until it either sits with the last domainer or is bought by the end user never to return to the market again.

So resellers will eventually have diminishing returns. Less inventory. Less quality. Less money. Less demand for less quality. A catch 22 and a peek at the future.

Of course their lifeboat is the new gTLD's. But there is a problem at the ranch. While this is great for resellers, the buyers are likely to have great disappointment in their projects. The end user is smart enough to figure things out even if others don't want him to. I blogged about one such case here on this blog not long ago. Others would be smart to heed the words of somebody traveling the actual path as opposed to thse that benefit from your ignrance and gullability.

But sure, if you don't see things clearly of course you have this self doubt. But it is the self doubt that is killing you and your business not the reality of just how much opportunity awaits you. And I say that regardless of the extension you focus on.

I saw this movie before. Many of you have as well. Around 2002 the folks looked almost the same way. One guy either forgot to listen to how bad things were or decided to capitalize on how bad things were. Somewhere along the way with less opportunity than today Franky was able to amass one of the world's greatest domain portfolios. This is likely the last time you will be able to get meaningful .com domain names at prices that are just cheap. But not because of the value of the property but the circumstance of the domainer.

When this wagon comes full circle I can guarantee that this period will DWARF that period. And that is why it is so sad for me to see not only domainers in doubt but teams and companies in doubt. There is no doubt when I look at the future and the horizon. There are only waves. But when you don't know a diamond from a piece of glass, THAT my friends is the only enemy out there.

So when a domain like Beep.me sells for $2000 that is a domain that has meaning and is brandable and marketable. Of course I will have a host of folks saying that they overpaid or some other such nonsense. But in fact they are clueless on their art.

And a disclaimer, I have no idea who bought it and did not even do a whois lookup. If it was an end user, they bought a nice future with a good idea. For a domainer, if he is a cat on a hot tin roof, he can flip it and make a nice months salary or hold on to it and walk away with 6 figures at some point not in the distant future.

And here is what I see. In the past years we have seen a host of electric cars come to market. They got lots of money and they advertised and got all types of publicity and all the rest. Well Fisker collapsed as their cars blew up. The Volt cost like $75,000 to make and they sell for $45,000 and they too blow up too. So even if you wanted one of these PIGS, would you REALLY park it in the garage at night with you, your wife and kids????? It was THE deciding factor for me. 

Now gTLD's are not going to blow up anyones house but it may cause a business to blow up and collapse. But there may be a parallel. Because when it doesn't work, they all circle back to what they used before. In this case, gas. Yes, gas can blow your house up to but the incidents are rare and usually self inflicted. And when .crap blows up, then they all circle back to .com and THEN my friends is when you see the manifestation of a 20 year plan coming together. Values will necessarily skyrocket.

Not all gTLD's will be electric cars. But if enough gTLD's blow up....then what? They might hurt other gTLD's. That's what. So what you think may unfold is not what I seeing unfold. How many of these new extensions will PROVE to be electric cars that just blow up? NONE of us know that. But we do know it will be significant because we are already seeing evidence of it and we as domainers have seen this before.

The bottom line is for any extension or domain in that extension to have value it must be powerful, clear and unique before we even discuss other parameters. The right combinations WILL have great value. But the WHEN question is also part of that equation. 

But who cares?? It ALL spells opportunity and domainers have opportunity all around them and MANY are walking around like zombies!! Snap out of it!! Wake up. You are in the epicenter of the most dynamic business on earth right now. Your self doubt is killing your business not the opportunities out there. 

Have a GREAT Day!
Rick Schwartz 

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T.R.A.F.F.I.C. EMBRACES WaterNight Vegas!

Morning Folks!!

And we have a winner!!! Everyone!!

T.R.A.F.F.I.C. has invited WaterNight to be the official T.R.A.F.F.I.C. Premiere party on May 30th, 2013. The WaterNight Vegas event announced a few days ago has been moved from May 29th to Thursday May 30th and is now  the T.R.A.F.F.I.C. WaterNight Vegas Charity Party sponsored by NameCheap. The venue remains unchanged: PBR Rock Bar! 

 

All T.R.A.F.F.I.C. attendees MUST sign up for WaterNight at www.WaterNight.org! Everyone has to be on the guestlist to attend and have a TRAFFIC badge. Get on the guest list now atwww.WaterNight.org

 

As you know, WaterNight is a fundrasing event for WaterSchool and in an industry first, T.R.A.F.F.I.C. has generously offered to make a donation of $50 to WaterSchool for every T.R.A.F.F.I.C. attendee that joins us at WaterNight, and additionally will be providing all food at the event.  WaterNight's corporate sponsor, NameCheap is again covering the 4 hour open bar and entertainment. With all costs covered, every dollar of the entry fee (Min $50/person) will go directly to the work in Africa!

 

While T.R.A.F.F.I.C. is covering a $50 donation for every T.R.A.F.F.I.C. attendee who comes to  WaterNight Vegas, we encourage matching or top-up donations so that WaterNight can reach its goal of raising $20,000 for WaterSchool.

 

Non-domain industry guests are welcomed (with a min donation amount), while all domain industry guests must be paid T.R.A.F.F.I.C. attendees and wear their badges to the event.

 

The details for the T.R.A.F.F.I.C. WaterNight Vegas Charity Party sponsored by NameCheap are:

 

Location:  PBR Rock Bar (3663 Las Vegas Blvd S)

Across the street from the Bellagio Hotel.

 

Date:  Thursday, May 30th, 2013

Time:  9pm - 1am

 

Guest List: All T.R.A.F.F.I.C. attendees and other guests MUST Pre-Register at www.WaterNight.org

* domain industry guests MUST also be a paid T.R.A.F.F.I.C. attendee to gain admittance and wear their badges to the event.

 

NO WAY Jose!! ZERO TOLERANCE at T.R.A.F.F.I.C.

Almost 10 years ago, before the first ever T.R.A.F.F.I.C. Conference, there was no Domain Industry - just a bunch of guys, and a few gals, hunched over their computers, trying to make some money buying, selling and monetizing domain names.  But the first T.R.A.F.F.I.C. and all that came after created and sustained an industry that has given charities like Waterschool an opportunity to raise funds for good causes.

This didn't come easy.  Howard, I and our families have worked very hard and have put our necks out to hotels and suppliers for millions of dollars over the years with nothing to sell except the furtherance and development of the domain name industry.  

 

During these years, there have been those who sought to do business with the Attendees at T.R.A.F.F.I.C. without paying a dime to attend or sponsor including GOOGLE, YAHOO and OTHER SCABS. Companies and domainers that can afford to pay their fair share but feel entitled and superior to others and can't seem to see what they are doing is not ethical. Stealing our efforts for their own benefits. 

 

We have always taken the position if these individuals and companies take advantage of us at T.R.A.F.F.I.C., then they will do the same to the domainers that they are trying to get to put their money with THEM.  We have publicly pointed them out when they do unethical things.  

 

We have nothing against the Water School, and, in fact, have supported it over the years both financially and giving it a platform at T.R.A.F.F.I.C. to raise funds.  We applaud Richard Lau for taking this worthy charity and running with it to benefit those who do not have clean water.

 

The purpose is to raise funds for the Water School by using T.R.A.F.F.I.C. attendees as a base. That is fine. Where it goes off the rails is inviting ANY other domainers or companies who wish to network with domainers to the party with the express intention of not purchasing a ticket to T.R.A.F.F.I.C.  If there was no T.R.A.F.F.I.C. there would be no Water School, no GlobalFest or any of the other domain gatherings that have come and gone like Mardi Gras and Roundtable.

When the organizers state "the event is an open one as it is for charity and limiting it would take away funds from the WaterSchool charity” – but what would that be compared to the funds taken away from the Water School if TRAFFIC was not holding the event that will provide – most likely – at least 90% of their ticket buyers? So it is ok to undermine T.R.A.F.F.I.C.??

 

Therefore, it is our position that we encourage the Water School to have its fundraising event at the time and place in Las Vegas, but the price of admission for domainers and domain companies should include a badge showing that they registered to attend T.R.A.F.F.I.C. at the Bellagio Hotel. Howard and I are tired of the offenders (and they know who they are and we will remind you again OFTEN) of stealing from us to benefit themselves. 

Travel hundreds or thousands of miles to take advantage of the hard work we do, the risk we take and then expect us to remain silent?? While folks undermine our efforts?? NO WAY! We just ask folks to HONOR the integrity of the show and the way you do that is coming in the front door and paying their fair share instead of LEECHING off others and PAYING attendees!

Shane Cultra asked if his mother, who has no interest in domains, could attend a T.R.A.F.F.I.C. party, and we said that there would be no charge, because there is no benefit.  However, if KNOWN DOMAINERS or KNOWN SPONSORS etc. should happen to show up, they MUST pay as they are receiving a benefit from T.R.A.F.F.I.C. or they would not be there to begin with. So WHY should THEY get a FREE RIDE while others pay? What makes THEM special? Certainly does not show much character.

Rick Schwartz
Howard Neu 

 

Why do you Put Bread in the Oven for 20 Minutes?

Morning Folks!!

I thought of something the other day and how many folks may mistake things. For example I don't think people know the difference between STUPID and SIMPLE when it comes to people. Many label simple people for being stupid. The funny thing is many have it backwards. Their life is so complex that simple makes no sense to them but simple works. Simple works because it is simple.

So why would you put bread, for example, in the oven for 20 minutes? Well if you do it for anything less for the exact size loaf you are making it won't turn out right. It will still be raw inside. And if you cook it too long it is black crap. So a RECIPE is born! And also a parallel. 

But there are other things to get right along the way and if you don't, you don't even get to put the "Concoction" in the oven at all because it is so bad. The ingredients are wrong. They are in the wrong amounts. 

And around the bend we come heading for the home stretch! And that is exactly why that 20 year plan that has been laughed at for nearly 18 years is going to start taking form and shape. It's a recipe. A recipe with thousands of man hours. MINE!

It's a recipe that really looked STUPID all those years ago. But it was only stupid to those that could not see because they were so much smarter than me. 

212.183.128.48 Ah yes, the wonderful IP addy that was everything. Except the one SIMPLE question I would ask they would look at me like I was stupid. How do you advertise that on TV, Radio and Billboard and have folks remember it so they can tell others? Their answer is this is the internet and you only need to click links. 

They were ignorant. Should I make the list of things they were ignorant of?? Sales, marketing, human nature etc. etc. etc. etc. etc.

Last time I looked, simple TRUMPED ignorant.  

Have a GREAT Day!
Rick Schwartz 

Thursday Night at The Bellagio $159......Rooms Thin

Morning Folks!!

It's May Day!! T.R.A.F.F.I.C. is now on the radar screen and it starts 4 weeks from TODAY!!! As you know Thursday is the middle day and the day we sell most rooms. We are looking thin now on Thursday as well as the days before the show. We are in single digits left there and we can't add to our block.

At $159 you may save staying somewhere else but the diggs are not as good, you will waste a lot of time in Taxi lines and you will end up paying more for less and getting less out of the show.

If there are any problems, please lmk. 

We won't run out of tickets but we will run out of rooms. So I URGE you to make your reservations for the hotel FIRST and do it soon. I will give an update on Friday or earlier if events warrant it.

Rick Schwartz

 

 

Avaya Inc. Found GUILTY of Reverse Domain Name Hijacking!! ROAST!!!

Morning Folks!!

And we can ask this. If Donald Trump and this company, Avaya Inc with 17,500 employees, tried to HIJACK one of his properties, what do you think the response would be?? I think I am FAR from being harsh. I think he would take this company to task publicly and shame them and each of those 17,500 people that are standing by as this was allowed to happen and now where are the repercussions?? Who made the decisions to HIJACK a domain name?

So from now on we must ROAST these Reverse Domain Name Hijackers (RDNH). Ah you say but Rick what have you been doing if you are not already roasting them? Well there are some innovative ways we will begin to get the attention of these companies. But we will leave that for another day because this CONTENT is right here and not going away anytime soon. 

Avaya Inc. a company with 17,500 employees worldwide, is the latest company to be found GUILTY of Reverse Domain Name Hijacking. Another MORONIC internal decision soiling the reputation of a company by resorting to an attempted theft instead of the negotiating table. These tactics are going to do LONG TERM DAMAGE to companies engaging in it. Avaya Inc joins a growing list of companies that resort to THEFT when they see something they want. A DISGUSTING practice that now all 17,500 employees of Avaya Inc can hold up as a measure of their CHARACTER!

Harsh? You bet!! But if I were one of those 17,500 employees I would want to know what MORON or MORONS at Avaya Inc sold CLASS down the river?? 

They join Procter and Gamble and any others. But P&G later BOUGHT the domain name.

Try to hijack a domain name and you will be shamed publicly because public opinion is the way to stop bad behavior when the laws out there are not adequate enough to do the job. Each of these companies will receive an increasingly HARSHER post from me because they are not ignorant of what they are doing. In almost every case they KNEW what they were doing and their INTENT was to STEAL using a governing body as their pawns!

Well there have been more findings of Reverse Domain Hijacking in the last 12 months that any preceding 12 month period. So the cat is out of the bag and they can no longer fool panels into being their unknowing accomplice. 

So when I get threats, THIS IS WHAT THEY CAN LOOK FORWARD TO

I have 39 such cases so far of RDNH and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in. 

The PUBLIC now OWNS the reputation of each of these companies. They are now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedious job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward. 

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well. 

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking 

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment againstGOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled underUSD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America. 

D. Reverse Domain Name Hijacking

Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.  

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking. 

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the lastest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

Case #39 Avayo.net Complainant is Avaya Inc. (“Complainant”), represented by Joseph Englander of Shutts & Bowen LLP, Florida, USA. “The Respondent correctly notes that the Complainant has previously filed domain name cases, and lost in two of such cases when it brought proceedings against legitimate businesses such as the Respondent.  See Avaya Inc. v. Sudhir Sazena, FA 1229266 (Nat. Arb. Forum Dec. 9, 2008); and Avaya Inc. v. Moayyad Hamad, FA 1456063 (Nat. Arb. Forum Sept. 14, 2012). ” “Consequently, the Panel finds that the Complaint was submitted in an attempt to hijack Respondent’s domain name” Avaya Inc. is a convicted Reverse Domain Name Hijacker 

Case #40 Coming Soon FUCKERS!!!

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz 

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T.R.A.F.F.I.C. Las Vegas Quick Poll 9AM Start or Noon Start? And a Bombshell!

Morning Folks!!

Simple question today. Normally we start T.R.A.F.F.I.C. at 9AM. But in Vegas  we are thinking of starting as late as noon. So the question is when would you like to see the show hours. Please take the poll below and let us know what you think. On May 1, I start working on the schedule in earnest and want to give you what you folks want and fit into the Vegas nightlife.

NOTICE: I have gotten wind of a couple companies, company teams and a few individuals setting up shop in Vegas to leach off of TRAFFIC during the show. Your reputations, not mine. Just one level above RDNH for me.

JUST TO BE CLEAR

So if you or your company needs to save a few grand, this is not the place to do it. Those savings will be very costly. Howard and I work way too hard to sit idly by. So on the record, for the record. If they cheat us, they will cheat you. SIMPLE!

And of course I will publish each and every name of the companies and the individuals. So Don't do it! Stay home or come thru the front door. ZERO TOLERANCE! Coincidence? We will let your peers decide. Just so we are clear. If you engage in this activity, EVERYONE gets to know. This is a serious show where many people paid a lot of money to attend and you are taking advantage of them. NO WAY!!
 

T.R.A.F.F.I.C. Las Vegas Show Hours
	9AM-6PM
	10AM-6PM
	11AM-6PM
	11AM-7PM
	Noon-6PM
	Noon-7PM
Free polls from Pollhost.com

Rick Schwartz

P&G Buys Swash.com AFTER Being CONVICTED of Reverse Domain Name Hijacking!!

Morning Folks!!

As reported by DomainNameWire.com, P&G finally stepped up to the plate and bought the domain that just weeks ago they had been found guilty of trying to Reverse Hijack with THIS DECISION and many follow up posts by yours truly.

I think we will reach a watershed moment this year and while attempted hijackings are up, they will crest and then begin to recede as so many decisions are against them. Plus they are realizing that there is more than a loss involved. ME! I am the SOB that is out to destroy them just like they were out to destroy some unsuspecting domain registrants and their dreams.

So when it comes to REVERSE DOMAIN NAME HIJACKING we will closely monitor all developments and we will do whatever it takes to stop it. Once they get convicted, their reputation is owned by ME to do what I see fit with as far as circulation of their misdeeds.

Rick Schwartz

 

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Bing: Maybe You Shouldn't Trust Google for ANYTHING!

Morning Folks!!

Bing has Balls!!! They have been going after Google and BRANDING "Scroogled" for months. I wrote about it back when they started the campaign. It is brilliant. Here are my on record statements and posts about Bing. 

And in one of their latest commercials they actually state "Maybe You Shouldn't Trust Google for anything!"

See it here

Rick Schwartz

The Man that Traveled a MILLION Miles to Attend T.R.A.F.F.I.C.

Morning Folks!!

What if I told you that one of our attendees that most of you know has traveled a MILLION miles to come to TRAFFIC shows over the years. You would probably think I was exaggerating. So let's count. Each trip I count as 12,000 miles. 24,000 miles round trip. 

So if he went to 10 TRAFFIC shows that would be 240,000 miles. 20 shows would be 480,000 and when he attends the Vegas show which will be 24 out of 25, he will be well over 1/2 million miles and well on the way to 1 MILLION miles.

So is Michael Gilmour insane? Ok, please don't answer that. Anyone that actually likes me is a bit insane. But Michael is a numbers guy. Plain and simple. He knows numbers. He is insane when it comes to numbers. The only guy I know I would trust my numbers to because he is really good. And the most important number he discovered is when he spends $15,000 to come to a TRAFFIC show, he gets so much bang for his buck that he is willing to keep spending some DAYS on a plane to travel half way around the world.

36 hours from when he steps out of the house until he sees a hotel room on the other side of the world.

WHY would anyone do that? What is your excuse not to? 

Well let me have Michael Gilmour explain it in his own words with this video.

Michael, like many others, you have been part of the T.R.A.F.F.I.C. family since the beginning. We are BLESSED to be surrounded by some of the world's best and most talented folks. It's been a hard fought battle over the years but that battle is not turning into a celebration. 

The curse of the past was it was hard to find others to work with domainers for all types of reasons and biases. Today and in the future that is no longer the case. We have proven our skills and our visions have been ROCK SOLID!! ROCK SOLID!

That is now being recognized and we are attracting many folks from different backgrounds that no longer see us as predators taking what we should not. But the practical business people we are that have laid claim to the most sought after land in  all of history.

T.R.A.F.F.I.C. is NEVER an expense to those that attend or there would be no reason to keep coming back! TRAFFIC MAKES you money it does not COST you money!! DUH!!!!

Rick Schwartz

How to Prevent a Reverse Domain Name Hijacking. Rick Style! Thieves take Note!

Morning Folks!!

It' so secret that when it comes to Reverse Domain Name Hijacking (RDNH) proactive is an understatement to describe my efforts. I am on a personal and professional mission to SHAME these folks in such a manner that folks will figure it out before I have to publicly tar and feather them. Not your style, then get used to bending over. 

I get this email over the weekend with a THREAT.

I don't take kindly to THIEVES. 

My company **************, LLC. owns the trademark for ************(United States Patent and Trademark Office Serial Number ***********). We would like to inquire about a friendly transfer before we pursue a legal course.

My style cuts thru the bullshit of life.

Read this before you make a FOOL of yourself in public and I OWN your reputation.

http://www.ricksblog.com/my_weblog/2013/04/ricks-magnificent-vaccine-how-to-reverse-reverse-domain-name-hijacking.html

So in a nice way, FUCK OFF THIEF!!

You can read plenty more. Like Procter and Gamble. So be ready John.

Your new Trademark is worth SHIT when it comes to my ******.com

Ok John. Now if I EVER hear form you again I will write you up and everyone you know will know you are a lowlife scumbucket thief.

Harsher letter to follow.

Howard, shove it up this guys ass. Let's go Federal and make John as famous as the schmuck from my saveme.com

Go type that in John.

See how this guy went down.

Saveme.com

Fuck you asshole!

Go ahead use this as evidence when you try and REVERSE HIJACK a DOMAIN you have no rights to. I am going to make you famous! Everyone you know will know you are a THIEF!

Go LEARN!

http://www.saveme.com

You got 1 HOUR to apologize or you will be on my blog TOMORROW!

Want to play FUCKER??

Lets do it!! 

I get a response 9 minutes later.

Dear Rick,

I apologize and I did not mean to offend you in any way. I was misinformed about the coverage of our trademark, and again I am sorry for my first email. If there is anything else I can do please let me know.

Best,

John

 

Now I am glad John learned his lesson before I had to do what I do. Domainers need to grow some BALLS and stop being AFRAID of THIEVES and treat THIEVES like a THIEF should be treated.

This will become more and more common place and Howard and I have decided to take the next THIEF to Federal Court and we are going to have even stronger cases and more costly cases to point to. The next CLOWN that even comes NEAR a domain he has no rights to is going to get a lawsuit on their desk and they are going to be made an example of. 

With each passing day, there is less an less excuses to engage in Reverse Domain Name Hijacking. So the Law firms engaged in this will be soiled just as much and maybe even more than the would-be thief. They know better. They KNOW what they are doing and so I will be opening a special section just spotlighting the law firms engaged in this practice. They KNOW better! That makes them an ACCOMPLICE!

Rick Schwartz

 

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"This Domain is For Sale" vs. The Ground Breaking JointVentures.com "Pitch Page"

Morning Folks!!

Progress does not happen overnight. Except last night. That's when we threw the switch and opened the FIRST PHASE of the JointVentures.com Pitch Page. What's a "Pitch Page"? It's more than just putting a sentence and letting them know it is for lease or sale or joint venture.

May I introduce you to the first one. We now have about 2 dozen completed and Danny will be heading back to the cave soon to complete even more.

The first one is pretty complete but still need to do a few things to clean up the page but you'll get the idea. The second one is the shell ready for more things to be added. 

We will be rolling out these pitch pages weekly from now on until we get one done for every domain in our inventory. Again, won't happen overnight. This is a multi-year project. But everyone will see PROGRESS and PROGRESS is what feeds the beast. 

The first ones are the hardest as we develop a framework and integrate with the rest of the site.

http://jointventures.com/crmsoftware/

http://jointventures.com/997/

Then owners of the domains like me, will have to decide whether to continue to point their domains to PPC for pennies a day or point to our "Pitch Page" and look for the long ball. But whether they link to the top of the ppc page or whether all traffic is redirected, today is when the music starts to play!

Have a GREAT Day!
Rick Schwartz 

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From Her Death Bed in 2010.......Mom Turns 90 Now

Morning Folks!!

A little over 3 years ago my mother was on her death bed. I had sent her and her friend on a cruise which was something I did for her 1x or 2x a year since my dad died about 15 years ago. She took very ill on the cruise in 2010 and she had to be flown home by a medical ambulance. If you go on a cruise, always get the insurance. That was a $25,000 expense we did not have to incur. 

Doctors wrote her off and could not bothered with an 86 year old. That was until I hired and wrote about NURSE RATCHED and put those doctors on notice that we were watching every move and while they were petrified about their malpractice insurance before the nurse, we turned that into terrified of US and that trumped everything else.

Mom made a miraculous recovery once I grabbed the doctor by his collar and showed him the window and the 6 floors below before he hit concrete. Too violent for you? Tell me when it is your mother and the doctors she had didn't give a shit and just wrote her off. Tell me then.

Now of course I never actually did that. But that was what was in my mind. Can't put me in jail for thoughts! Yet. Am I capable of doing that? 

So the question is how do I accomplish that without going to jail? The problem with the doctors was FEAR.  So the FEAR I had to give him had to trump that other fear. 

Mission Accomplished! Results and everything else. Life and death. No nonsense. 

Mom 30 days off of her death bed in 2010 days before turning 87

Mom's 90th

So this week mom turned 90 and she is still living on her own. We still meet on Sunday's for breakfast. She still walks and gets around. Her mind is sharp. At breakfast a few weeks ago we discussed going out for her birthday and my brother made a crack and asked her if she wanted to come to her own birthday party. She snapped right back "If I am invited."

Touché. lol

She drives too. Ain't no way in hell any of would get in a car with her. But she drives. She shouldn't. But she drives. Can't convince her to stop. Just stay outta her way. But she drives.

Happy 90th Mom!! 

Have a GREAT Day!
Rick 

 

The Invisible Man in Domains. Time to PISS OFF the End User! And Others!!

Morning Folks!!

So we are talking with a lease candidate. We know they are having folks whisper SHIT in their ears.

Each deal will come down to MONEY! Every one. We have lots of room to find the right mixture like gas and a carburetor in a car. This could be a closing pitch perhaps. 

Look, how do you see this dovetailing with your current business and budget?

This is the main question for each company.

So the accountants chime in and no accountant supports an expenditure like this. Nor do they understand sales and marketing. Plus they can not see past December 31, of any given year. That is how they are wired. 

Don't get me wrong. I love my accountant. Been working with him for over 20 years. But he is my accountant he does not run my business.

So if you accountant is driving your train, we have nothing to talk about. You already lost control. Have a seat!

Your SEO folks are telling you that this is no good and don't waste your money.

But sorry, your pal the seo guy is covering his own ass. Worrying about his own business. What would happen if that expense was eliminated?

Better yet, imagine what an seo guy could do with a category defining domain name. If he says it does not matter, he is 50% right. But last time I looked, 50% is a failing grade by any measure.

So if your SEO guy is driving your train, we have nothing to talk about. You already lost control. Have a seat!

Like my accountant I have been dealing with my attorney for about 15 years. Not only is my attorney my business partner and very close friend, but he is an attorney and he knows to let me make the business decisions and his job is to make sure my decisions are clear of any dangers. That's it! He does not run the business either. 

So if you lawyer is driving your train, we have nothing to talk about. You already lost control. Have a seat!

So here we have what I call "Headwinds". But in sales it is taking these headwinds and explaining it in such a fashion that it becomes tailwinds. That is the magic in sales.

So Mr. End user, we don't have to be in your meetings to know what is going on. It is called human nature. It is called predictable. It is called following the herd mentality. These are the pitfalls on the way to a good decision and a meaningful and long lasting relationship.

What are you scared of?? If we are right you transform your company. In the remote chance it does work out, you walk away. That's called opportunity with little or no risk. 

And remember one thing bud, you took a RISK going into business and chances are not one of the folks whispering shit in your ear EVER took a risk! Never stuck it out! Never had it all in!
 

They work for you, or do you work to provide THEM with jobs? Which is it??? Are you too timid to piss them off? WAKE UP!

How many schmucks passed on Hotel.com before somebody figured it out? If you don't know that story, read it here. Where is Borders today? They closed all their stores. Why? Type book.com in your browser. Then type books.com in your browser. What do they sell? Who is still in business? Which company is smart? Which company is out of business? This is not hard folks! You don't have to know jack shit about the Internet to figure some of this out. So stop depending on those that don't understand BUSINESS!

Then maybe your seo guy will throw the pets.com example in your face.

Well I was a major stock holder in Pets.com at one time. The management buried that company. They were horrible. I lost 7 figures from their mentality. They lost 90% of ALL their business with a silly mistake that they refused to correct. Morons!

See when you typed in pets.com in the browser bar like MILLIONS of people were doing during the Macy's Thanksgiving Day Parade back in 1999 you got a 404 error. See the MORONS there, the seo dept, There IT folks, saw no need to fix something they did not even see, know about or understand.

So the MORONS forced the folks to format pets.com to http://www.pets.com or you would not get to their site. I was off the wall calling and emailing them and never so much as got a response. MILLIONS of daily visitors lost. MOST lost forever. How long would it take a consumer to try and walk in a door to find it locked and not walk away? IDIOTS!! And look whi drove THAT train!!!

SEO and IT and both are CLUELESS when it comes to sales, customers, business. Wake up!!! It's like making your FILTHY dishwasher in your restaurant the HOST that seats people!! ARE YOU INSANE???

So THAT is the reason Pets.com failed and you can blame their techies and seo gus for it! It will never be reported. How can they report what they don't know, understand or even see? MORONS!

Bet you NEVER heard that story!! Why?? Cuz nobody gets it!! These morons to THIS DAY don't get it and they were the BITCHES that put the company outta business.

This is a lifelong game. Decisions made in 2013 will have ramifications that will last as long as each of us have been in business or will remain in business.
 

So it comes down to dollars and how can we tailor this to fit. If what we say unfolds as we say and what we have said for 18 years is already on the record, then MR Ceo you are positioned to take BIG advantage of this decision instead of just a side entrance. You are in a position to dominate instead of being dominated.

You pass or your fail and you have to realize this is YOUR decision. We have either made our case or not. But PLEASE don't rely on advice from folks that are not qualified to see 5, 10, 20 and 30 years down the road. When your children may be sitting in your chair. 
 

Stop delegating important decisions to folks that are NOT CAPABLE of making them! 
 

I would normally tell you to "Have a GREAT Day" but today I will be a little more blunt. Wake the fuck up before it is too late!
 

Are you offended?
 

So it is more important for you to be offended than to grow/save your business? 
 

Schmuck!
 

Rick Schwartz

 

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The 2009 Post that Started JointVentures.com. You Can't Make it Up!

Morning Folks!!

It was September 22, 2009 that I made my first post about JointVentures.com that I can find online and date stamped. It talks about what I plan to do in 2009 and I state in that post that my vision would take 5 years to manifest itself. So while others jack rabbit all over the place, my head is down, my goal is in mind and in the days and weeks ahead you are going to witness first hand what we intend to do and how we intend to do it. 

The "Pitch Pages" are being customized domain by domain and soon the first set will be released. It takes incredible fortitude to put these pages together because each is like it's own little screen play. Each has an individual story to tell about the domain name. Each is a call to action. Each is the beginning of a discussion. Each are composed of many elements and why some may be invisible yo you, they won't be invisible to the audience we are targeting.

So here it was September 22, 2009 as I layout a basic course of where I want to go, why I want to go there and how I intend to do it. That was nearly 3 years before I ever met of Danny Welsh and 2.5 years before we had our first discussion about it.

That was over 3.5 years before we began to get our 125 charter domain holders and some of the best domains in the world to go to market with. And it was 3.5 years before we had a sales force of 12 that publicly applied for those positions via youtube.com

It will be about 3 years 8 months and 8 days before I go on stage at TRAFFIC and show the results of our efforts. A seed that started with the following post. And that is why it is all on the record for the record. It is easy to manufacture 20/20 hindsight and rewrite history, but when you have your thoughts and ideas PUBLICLY time stamped, those words and deeds are more meaningful when accomplished. When a form begins to appear. Where something imagined can be brought to life.

So fasten your seat belts the next 6 weeks as we ramp up to T.R.A.F.F.I.C. are going to be interesting and exciting and you are going to see a huge amount of progress in a very short amount of time. 

Thanks for being part of this journey and Stay Tuned!!

 

Morning Folks!!

How many years do you think it would take to just look at your domains and decide to open 1000 full fledged businesses? Not just "Develop" for the sake of it, build businesses. Let me give you a quick answer. You won’t live long enough. Your kids won’t live long enough. So while folks "Develop" and experiment with minisites, PLAY with TEMPORARY search traffic, I look at everything a bit different. I already got the hair on some of your backs up. But read on before you form your opinion. 

See we don’t have time to build 1000 businesses and then we certainly don’t have the TIME to run 1000 businesses. BUT…..when you are a fool like me, you go against the grain.  So I realized many years ago that building 1000 businesses was not a possibility. 5000? 50,000, Not in 10 lifetimes. 

However there is another way once you all stop laughing and shaking your head. You can laugh. I employ. I look forward. I look to see what things will look like when they evolve, NOT today, not yesterday. What the hell is that Rick??

Well, we may not have time to build 1000 businesses but we certainly have the time to do 1000 joint ventures. So I own JointVentures.com. Think about that. When Trump owns a piece of land he does not build it, he partners with a DEVELOPER and contractors and takes a slice. His TIME commitment is limited to making the deal. Anytime you can invest little or no time and get a return, you are a winner!

So in my mind development is a joint venture that becomes a big business. That won’t work for everyone. It will and does work for me. And again, it is not the developing that counts, it is the business. I can’t run 1000 businesses well. But I certainly can team up with partners to run 1000 businesses well. Nearly 15 years into this and I have never waivered from this belief. Matter of fact, I have never been more confident about it. Now the only thing that will change is the percentage split. In time my share will increase with every deal I make. The goal is 50%. In some cases it may be higher. In most cases it will be much lower. Do you ever wonder what 10% of 1000 businesses would look like??

So keep laughing. The picture I have in my mind of what I want to accomplish is clear and very different from others. That is ok, none of us can have the same business plan. They are all unique. What we can do is compare notes. Share ideas. Share our path. Don’t judge a work of art until it is finished. My picture needs less than 5 years to really take shape, take form and change the way everyone does business in this industry. 

You can see that very clear and vivid divide. It is just how you approach things. A waitress goes to work and every day earns dollars. The days she does not work, she gets nothing. So some in this business work like that. They have to hustle every day to make ends meet. No work. No money. Others are much more methodical. They just do things differently and are not dependant on that job or even that restaurant.

http://www.ricksblog.com/my_weblog/2009/09/developing-developing-developing.html

 

And both post end the same:

Have a GREAT Day!
Rick Schwartz

Not So Fast Mr. Berkens! .Co Takes 2nd Big Blow. Down but not Out!

Mornng Folks!!

The idiots and morons always IGNORE my main point. Because if they actually had to argue the MAIN POINT, they would go down in defeat in the opening round. They have no answer to my main point and they will never have an answer that will hold water. So they have to distract your attention.

This is the story of Wantable.CO buying Wantable.COM for a number of reasons. Led by CONFUSION! Not Confucius idiots and morons. CONFUSION! But ahh, you are so confused!

You can listen to all types of information. Most is biased. I am not immune. So when REALITY surfaces, that speaks 1000x louder than all the nonsense in between. So open your ears. Deal with FACTS!

STOP IGNORING THE MAIN POINT OF MY ARGUMENT!

Last year Mr. Johnson explained a 61% loss using the O.co domain name in lieu of Overstock.com. This year it is Wantable.co story that emerged on Mike Berkens Blog. Seems Wantable.co went out and bought Wantable.COM via Sedo for $47,000. Am amount that Sedo was supposed to remain confidential. 

The story closes with "It looks like a huge success story for the .Co registry."

Well not so fast Mr. Berkens my good friend.  This is in fact a good story for .com and not such good news for .co. However, the POINT in all this is something I have repeatedly stated since this debate began and left the following comment on Mike's blog: Ya know, the POINT I always try to make and the idiots and morons just gloss over like the 2000LB Gorilla isn't even there. It's there baby and here is another PUBLIC sighting!

"This is the ONLY way to brand a non .com.
Bravo!!
You MUST have the .com and THEN you can promote and brand ANY extension you like.
It does NOT work in reverse!"

So I have nothing against .co or .info or .crap or .whatever. My ONLY issue is that being CUTE without owning the DOT COM is not only the WORST business decision one can make, but I can get on stage for 3 HOURS or more and go over reason after reason after reason that you MUST have the .com version of the domain IF you promote a non .com.

So simple even a bean counter should embrace it!

But later after my comment the BUYER of Wantable.COM chimed in on the reasons. STRAIGHT from the horses mouth. These are his reasons. What he learned and discovered. HE FIXED IT!!! THAT is how you do business and I want to congratulate Jalem Getz for being a SMART BUSINESS MAN!! For figuring it out. For not going down with the ship. For recognizing certain TRUTHS because it COST HIM MONEY and lost business. He FIXED the gaping leak. Well done CAPTAIN!!!

Sorry, I am doing this 18 years. Not having the .com version of your domain going forward is moronic and costly. Look at all the folks that started as a .net and you will find that more than 75% of COMPANIES THAT COUNT have acquired their .com version.

So these words along with Mr. Johnson's words will stand taller than all the BULLSHIT we are about to be spewed at to us.

"Hello everyone, my name is Jalem Getz and I’m the president of Wantable, inc. I thought I might add some clarity to why we purchased the .com. I simply want to share our story since I’ve been an Internet entrepreneur for a long time and have always appreciated it when others gave me candid and honest information. Obviously my opinions and experiences are in the vacuum of our business and don’t necessarily apply to other companies.

First: Sedo violated our NDA by disclosing the purchase price. And, to make it worse they got the number wrong.

We actually leased the .com domain 9 months ago when we launched our website wantable.co. It has always redirected to the .co. Leasing the domain gave us the freedom to build a business around the .co but have the option to use the .com when and if there was consumer confusion.

What we learned: the .co is confusing to a small segment of consumers, it is also more likely to get marked as spam by Facebook and email providers. We experienced each of these issues first hand and while none were insurmountable it was clearly an issue.

Why we purchased the .com and what we plan on doing: we purchased the domain this past week, a full 3 months before our lease expires because we feel by owning the .com we can re-brand as “Wantable” and not need to include the .com or .co extension. Expect to see our website running on the .com extension within the month.

While I’m a big fan of the .co movement, and currently advise a few .co companies, I feel if given the option a company should operate under the .com before the .co extension of their brand.

I hope this adds some color to our reasoning and the information is useful to those interested."

 

So folks, swallow HORSE SHIT or take it from the horses mouth! Stop ignoring facts and evidence. These companies have no agenda but building a profitable business. They shared their findings. 

The Bottom line is .whatever is GREAT, but with out owning the .com, you are likely to FAIL because of confusion. And even if you don't fail, you will stunt your growth, work harder for less business and you FAIL as the CEO from not allowing this to happen to your respective companies. So be cute, but be AWARE! Because you don't have to agree with me and when you find out I was right you will be long gone!

And if you still can't figure this one out, just send IRS DOUBLE the taxes today because that is how much REAL business you are losing each year and eventually you can add "FINAL RETURN" as your companies fail if you don't LEARN! 

Have a GREAT Day!
Rick Schwartz 

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Where are the Top 500 Domainers Now?

Morning Folks!!

I can rattle off 100 names that have not been seen in months or on very limited occasions. Where have they gone? What are they doing?

Well most folks greatly underestimate the talents of domainers. Especially the top 500. We were happy to have 3rd parties to work with but as time went on those 3rd parties helped themselves more than us and so domainers started to unleash some of the talents and skills  we just have laying around.

Just look what has happened in the last 2 years and if you can't see it and you can't figure it out then you have not been paying attention.

List the top 4-5 PPC companies 2 years ago and the list may look like this

DomainSponsor
Fabulous
Sedo
Skenzo

Today the list looks more like this:

InternetTraffic
VooDoo
Sedo
DomainPower

As you can see 3 of 4 are now run by domainers. That's impressive and that illustrates exactly what I am talking about. And have talked about. How we will all be sheared away into different orbits and projects. This is just one example. PPC. But I can point to sector after sector as domainers take back control. But most are starting to focus on which domains to turn into businesses and many are succeeding and many more will follow!

The stage is set!

Good job! Well done!

But anyone that underestimates the talents of these 500 do it with the risk of getting it all wrong. 

Have a GREAT Day!
Rick Schwartz 

A 1997 Post. My Oldest ever found and Still Online! The Business Plan

 Morning Folks!!

Been a long and rewarding journey in the 16 years since I wrote my "Business Plan". Every once in a while I look back and see the progress and see if I am still on the right path. Time really IS my best ally. Just remember this post is before there was PPC. Before Google was founded. Before mainstream was even viable on the net.

http://buildinganempire.com/webfather.html

1997 Business Plan

http://www.webmastering.com/busplan.htm

Enjoy!!

Have a GREAT day!
Rick Schwartz

Is it TIME to Make a CLAIM against the RDNH Domain if it is not a .Com?

Afternoon Folks!!

So I had a thought. What happens after a company is found guilty of REVERSE DOMAIN NAME HIJACKING? Well I think it opens the door for a suit targeting THEIR INFRINGING DOMAIN NAME. How's that?

I believe that will hold water and maybe that is the penalty and we don't need a law. We just need to start biting back and that is EXACTLY what I will use as a strategy on the next case. Imagine taking THEIR domain using the same techniques they did except we actually have a leg to stand on as they copied US.

If they start a knife fight we have the right and the ability to go nuclear on them.

Have a GREAT Day!
Rick Schwartz 

Whoopie-doo, But I Thought of it First!

Morning Folks!!

No matter what counterpart of the .com domain others get or got, I thought of each idea before they did. I love that registrations are time stamped. Imagine how much harder it would be without that?

So Whoopie-doo, but I/we thought of your idea YEARS before you had a clue about the idea yourself. So fight me/us or join me/us. I/we will win the fight and you will still end up joining me/us. Why? Because it is in YOUR best self interest and the sooner you recognize that the FASTER and STRONGER your company will grow. Or not. Because at some point it will be ME that will be competing against YOU. Or it will be me and your competition fighting you in the marketplace. So a potential asset could become a threatening liability. Is it worth the risk? Ask Borders. Ask these folks who risked their reputations to get the .com.

Like I said there are an infinite amount of ways to climb this mountain. While others tried and died, I studied it. I decided what the TIME SENSITIVE things were because in 20 years I could just imagine what would be going on trying to grab a domain name.

So I started by securing the land first. And as I acquired the land I began to lay the path for where it would someday lead to. Of course everyone laughed at the fool looking 20 years down a road they could not see 20 days in front of them. I even explained how this was a "Unique moment in time". Well that moment has passed and we are in for 1900 re-inventors of a once in a lifetime phenomenon that will likely never repeat itself in the same form or fashion.

And yes, many will find success there. But that success will come in different forms at different times and it will be CAPPED. They can try and change the course of the river, but they will always end up right back at .com because without .com they will always be missing THE most important piece of the pyramid. The global piece. The credibility piece. 

So go .whatever.

It is not a threat, it is an opportunity that leads everyone back to .com.

.com holders, your traffic will go up with each and every success. It may be years to see that success. But you are the big beneficiary. They all work for YOU! Me! They are our visible partners and we are their invisible partners. But when they never came to the table, that was a MISTAKE! 

So as an industry we are going to have to endure a lot of predators from this point forward. But we do have the power to fight back and we have the power to slay the giants and we will and have.

Most importantly, as my 20 year vision starts unfolding, and that has already begun, then I will have dozens if not hundreds of examples to point to as partnerships that have flourished and are growing and the most important ingredient was having the patience and waiting 12 years to begin that part of the journey back in 2007 when the writing was on the wall. Now going on 18 I can clearly see everything on the horizon from my vantage point. That vantage point has been tested and tested and tested and it is a keen vision most of which has already unfolded.  The cake is out of the oven and the last process begins of decorating and transformation.

And when I get accused of them all being "Parked Pages", I can point to dozens or hundreds of examples of my visions and while others pissed away untold billions of other people's money, my sites will just be gaining notoriety and you will see what an overnight success looks like and why those "overnight successes" take 20 years to be recognized.

And do you hear those footsteps? Those are the army of domainers that know what is coming.

Have a GREAT Day!
Rick Schwartz 

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CyberSquatters Meet CyberF*uckers

Morning Folks!!

What should be the penalty for a Fortune 500 company that is a cybersquatter on Steroids? Going around calling US names when in fact they are engaged in THEFT?

Time to fight fire with fire. We have been called cybersquatters for many years. Now those convicted of REVERSE DOMAIN NAME HIJACKING will be known as CYBERFUCKERS! This evens the playing field! They won't like it! But now at least many companies and their legal representatives are members! Charter Members! Just like us. Except we did nothing wrong and they did.

Maybe we will upgrade their name to something more mainstream, but for now they are what they are!

They will try and muddy up the water with what is coming, but as they are EXPOSED by us, they will retreat. The next CYBERFUCKER that comes after me is going to FEDERAL COURT and I am going to show the world that there IS a penalty for REVERSE DOMAIN NAME HIKACKING!

I am going to show via a jury of my peers that when you take a CYBERFUCKER to court, you win and you win big. I wish it was me and P&G. But I will get my chance and I will take it. When these FUCKERS try and steal a domain it is more than property. They are stealing your dream, your lively-hood and when they get caught, the ONLY way to fight the is in the light of day and make sure their own customers watch it!

Don't want to be a Cyber Fucker? It's easy. Just don't engage in REVERSE DOMAIN NAME HIJACKING. If you do, you get all types of labels and names put on you. Most would just call you thieves. But I like something more colorful. Memorable. Descriptive as I can and as I did right here.

Have a GREAT day CyberFuckers! The greatest penalty of all. Circulation of your bad deeds! 

I'll clean it up in a few days, but I want to be on the record of exactly how I feel about these SCUM COMPANIES and the Attorneys that they use that represent them that KNOW BETTER! They CONSPIRE to STEAL and we have PROOF! I will use that proof every chance I get and ONE DAY it will EXPLODE in their face and their PR departments will go ape shit. 

And one more thing....oh let me save that for another post!

But in the meantime, here is to RELEVANCE without SEO. Always time for that!

Google reverse domain name hijacking

Google procter and gamle reverse domain name hijacking

Now I have to focus on RDNH but I prefer to spell it out so everyone understands it. I am not that lazy that if it takes 1 MILLION times to write out REVERSE DOMAIN NAME HIJACKING then I will write REVERSE DOMAIN NAME HIJACKING those 1 million times until everyone on my list has their own page!

Rick Schwartz

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Horizon Publishing the latest F*CKER to be Labeled a REVERSE DOMAIN NAME HIJACKER.

Afternoon Folks!!

You all know this was coming. I had to go out and buy some more tar and feathers for these folks that many have labeled as THIEVES and I now call FUCKERS! CYBERFUCKERS from now on. For those DOMAINERS that have to go out of their way to tell me that they are sick of these posts, you ain't much better than the cyberfuckers themselves in my book. So get out of way!

TheDomains.com reported this week that Horizon Publishing, LLC of Fort Lauderdale, Florida is the latest to be labeled a REVERSE DOMAIN NAME HIJACKER!

Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA and the domain name is Opulence.com

I guess these "CyberFuckers" did not read my posts. Especially this one and the reason these would-be THIEVES are now called FUCKERS in my book and TODAY we have the new term of CyberFuckers.com. A group that will circulate to every corner of the Internet within time.

Now I am sure all you THIEVES don't like that. But I don't know a SOUL on the planet that likes a thief, so I am UPGRADING you to fuckers! Why? READ WHY HERE! 

Both client and attorney are GUILTY!

So Mr. Attorney, you know you had no legal or moral leg to stand on and instead of honoring your oath, you get enlisted as a CO-HIJACKER to STEAL! It is one thing to defend a guilty party it is an entirely different thing when AS AN ATTORNEY YOU ACTIVELY PARTICIPATE in what will be a CRIME someday and is attempted THEFT today! 

“In bringing its Complaint and as discussed above, Complainant overtly disregards facts and law which should have been well known to Complainant prior to filing; namely that the at-issue domain name domain name was registered about six years prior to Complainant having any possible trademark interest in the OPULENCE mark(s),and that it is black letter in all but very specific circumstances a UDRP complaint must fail when the complainant lacks trademark rights at the time the at-issue domain name was first registered.

Since Complainant, through Counsel, knew, or should have known, that its Complaint should, and likely would, fail but nevertheless choose to file the Complaint anyway, the only purpose for doing so must have been in the hope that the reviewing panel would overlook Complainant’s lack of rights at the time the domain name was registered and erroneously rule in Complainant’s favor. Alternatively, Complainant may have filed its losing Complaint to intimidate an unwitting domain name’s owner into making a favorable deal with Complainant, rather than risk an unfavorable decision where he or she would get nothing. Filing a complaint for either of these purposes represents an abuse of the UDRP process.”

I have 38 such cases so far and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Goldberger, or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

Otherwise you get to be labeled what "I" want to label you as and you will be tagged with that DESERVED recognition each and every time a new client does a search to find the good, the bad and the ugly. Want to know which group "Fuckers" will end up in. 

The PUBLIC now OWNS the reputation of each of these companies. They are now BRANDED in the most despicable way and so all the $$$ they spent to familiarize us with their products just got a mighty damaging blow.

And with each conviction I will be a bigger PRICK than the post before UNTIL this crap stops and will begin the tedius job of making REVERSE DOMAIN HIJACKING a CRIMINAL offense as we move forward. 

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well. 

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking 

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment against GOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled underUSD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America. 

D. Reverse Domain Name Hijacking

Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.  

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking. 

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

Case #38 Opulence.com Complainant is Horizon Publishing, LLC (“Complainant”), represented by Marc J. Kesten of Marc J. Kesten, P.L., Florida, USA.
Horizon Publishing, LLC of Fort Lauderdale, Florida is the lastest to be labeled a REVERSE DOMAIN NAME HIJACKER by the governing body.

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz 

 

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Morning Folks!!

Funny thing. I can go on the street and find any NORMAL person and tell them just TWO stories about domains, the power of domains and the value of domains and they completely understand it in less than 10 minutes. I tell them about CubicZirconia.com and I tell them about Hotels.com. They instantly grasp what it is we do and why a domain is so important and valuable.

But CEO's, Presidents, VP's, they require DECADES. So if you don't know and understand that, you will be very frustrated.

Let's think like a moron thinks and see how far it gets us.

Mr. CEO...."The factory is on fire!!" Mr. CEO says, "go to accounting and see if fighting the fire is in the BUDGET this year." So you already see why we are dealing with morons because that was basically the answer they had to a unique opportunity in time. 

Of course that illustrates things so easy. But it is far worse. Because before you go to accounting you need to have a meeting about it. Then you have to call in several different parts of the organization. Legal has to be there, sales has to be there, accounting has to be there.

Hey morons!! Go home idiots! The factory just burnt down and your job with it.

So the common guy on the street is laughing his ass off right now and the ceo's are spitting fire at me. Screwyou.com. Idiots! You blew it! I can prove it. You will have no real response other than some CRAP about it not being in the budget. So guess what? 

We fixed that too. Maybe they could have leased Hotels.com and DISCOVERED the GOLD MINE that it is!

So without further delay, let me bring to you one of my single most famous blog posts that I have ever written. From April 12, 2007. And as you can see I am still ruffling some feathers.

 

 

Morning Folks!!

Do you remember a few days ago I said I would "Ruffle some feathers." Well that is a promise I can keep with this post. Get ready for some flapping and chirping on a grand order.

Hotels.com is one of my favorite stories because it illustrates the stupidity and failure the majority of Corporate America and Madison Ave have achieved. It is a clear indictment of not only them missing the single biggest opportunity in any of their careers, but 12 years into it and they have yet to figure it out. As I said in point #7 of my April 5th post, the guys that started these companies are rolling in their graves. The people entrusted to run these companies have for the most part failed them.

 

Now this is not universal. In some cases they did figure it out and I will list a few below. They make my case stronger not weaker. The question is why did some figure it out last century and why are the majority still not figuring it out so far in this century?

 

Let's start with this undeniable premise. Before you ever plug in a GREAT domain name it is capable of getting type in traffic, it starts gushing from the moment the domain name goes live. Again, may be widely known to domain owners, but possibly not to the folks that would be best served either owning your domain or at least buying the traffic on an exclusive basis. The "End user."

 

How much traffic a domain gets is on a domain by domain basis. A domain like sex.com will likely get somwhere close to 200,000 new visitors every day of the year. A domain like widgets.com gets 500 visitors each day but that is up from 60 last year. Candy.com gets 1000-1500 each day with spikes during holidays. There are many domains that get 1000-25,000 daily visitors and some much more. The reason this natural resource is so important other than the obvious value of a targeted visitor, is the growth factor. If you have zero traffic and you double it you still have zero. Anything other than zero and you will have the wind at your back. Just remember one important point. Word of mouth advertising is still the greatest advertisng medium ever known and online it is even more evident and more valuable.

 

Here is the story. Earlier this year my partner Howard Neu and I met with the GM at the Hyatt Grand Central Station in New York City to book the T.R.A.F.F.I.C. domain show and live domain auction there for this June. He wanted to understand domain names. So he began to ask some questions.

 

I used hotels.com as my example. I asked isn't it interesting that with all the hotel chains and all the execs and folks paid to beat the competition that EVERY single person in the hotel business failed and they failed BIG TIME? He was puzzled and looked at me like the old RCA dog on the old lp's. But that was actually a good start cuz it meant he was paying attention.

 

Imagine if Hyatt had gotten hotels.com. Instead of you being 1 of hundreds of hotels listed including all your competitors and paying for each lead or each booking Hyatt would have received ALL the leads. Would that not increase sales? Would that not increase market share?

 

Step in Madison Avenue. These folks are sooooo hooked on "Branding" that they forgot the REASON they brand is to INCREASE SALES. So their REAL job is to increase sales. THAT is ultimate branding. Having your product everywhere. Funny how in time they have LOST SIGHT of that basic core contract. So Madison Avenue failed the hotel industry as well. IMAGINE, of all these high paid execs at all these companies and not a single one could figure it out. Figure that if they own a domain like Hotels.com they would be a leader in their sector. But they are all so hung up on BRANDING that they would rather IGNORE a reservoir of new business. New business snatched directly from the competition.

 

Even before it was attached to a business plan or went online hotels.com was going to be a million user a day site because it had a substantial traffic base. My guess would be that a domain like that would have gotten somewhere between 25,000 and 50,000 new visitors every day since the moment the domain went live. I guess the corp guys and Madison Avenue saw no value in having their call centers receive 9 to 18 MILLION added calls a YEAR. 9 to 18 MILLION calls that Hyatt would not lose to Marriott or Westin or Hilton or Holiday Inn or Ritz-Carlton or the other way around. They EACH had a chance to lock out the other hotel chains and they ALL missed it. They spend millions on a superbowl ad with results that can't compare and cannot even truly be measured. They let InterActive Corp (operator of Hotels.com) and Barry Diller beat them by disrupting the entire travel industry and for that they will pay dearly for decades to come.

And of course if Hyatt or Hilton or any of the others marketed hotels.com there is no way to even imagine how many tens of millions of leads would have been discovered. Leads that they get FIRST CRACK at getting. First crack at a new customer. First crack at a new reservation. This has no value??

 

Until folks face the greatest failure of their careers and learn from it they first must see and understand that failure. I don't want to beat these guys up. Really I don't. I am sad to report that 12 years into this and they STILL have no clue just how bad they failed. With 20/20 hindsight you would be hard pressed to find a hotel executive to say they screwed up by not getting hotels .com. What the hell is wrong with you folks??

 

Johnson and Johnson figured it out. They own baby.com and a LOT more. See how they OWN this sector. How they CONTROL this sector. How that have positioned themselves to lead the next 100 years just like they have lead the past 100 years. THEY GET IT!! Then think what would be the consequences if their competitor got it!

 

Bank of America owns Loans.com. THEY GET IT!

Barnes and Noble own Books.com. THEY GET IT!

Kraft owns CreamCheese.com. THEY GET IT!

JC Penny owns Gift.com. THEY GET IT!

Calvin Klein owns Underwear.com. THEY GET IT!

 

So these corporations and their Madison Avenue ad execs deserve recognition. I have a list of about 100 companies that GET IT. I give these folks a tip of the hat. They are probably yelling "Shut up" at the screen so not everyone figures it out. LOL

 

Now let's look at a disaster.....and a failure by the same counterparts

 

Campbells owns MySoup.com. The competition (Knorr) owns Soup.com. Somebody SCREWED up there! They DON'T get it and by the time they figured it out....TOO LATE! How much do you think it will cost Campbell over the next 50 years not having that domain? I would invest in Knorr. They have SHARP people there and they may unseat the leader just like 1-800-flowers gobbled up FTD. That is one of my favorite stories of not keeping up. Here is a business (FTD) that OWNED the sector for 100 years and here comes 1-800-flowers and the tiny fish gobbled up the GIANT fish. The ONLY way Campbells will get soup.com is buying the other company. But they better do it NOW before it goes the other way! Knorr is owned by Unilever.

 

Imagine if 1-800-flowers did not own flowers.com?? Would not that have been a MAJOR screw up? Well if you can see it there....it is time to apply it to your own sector and see if you pass or fail. The key to all this was that it WAS a "Unique opportunity in time" because a domain like hotels.com could have been bought a few years back for LESS than the price of a SuperBowl commercial. Today I bet some chains pay the price that could have run many commercials. And what do you think the price of hotels.com is today?? Do we count in hundreds of millions or billions? I think the latter if you could even get to that point.

 

So the hotel industry and dozens of other industries and their Madison Avenue agencies DON'T GET IT! They are soooo stuck on branding that they just can't GRASP that in the virtual world you can have more than one door. You can have more than one front door. You can market in generic ways. You can do lots oif things you can't do in the real world.

 

Regardless of all this. Their #1 jobs is to INCREASE SALES. Branding without increasing sales is not branding at all. Branding without using every tool is not building brands it is destroying brands. Branding is a buzz word that means little. SALES is what pays the bills and the salaries. Here they missed the #1 opportunity to increase sales, take market share, grow their business at the expense of the competition and they just sat there and talked about branding and to this very MOMENT still don't get it.

 

That my friends is a sad indictment of where we are. They are so busy slapping themselves on the back that they BLEW IT! They failed. They continue to fail. To me, this is the single biggest and clearest illustration of their total incompetence.

 

At least come to the point where you slap your forehead and say...."Oh my goodness, how the hell did we miss that?" Until you get to THAT POINT, there is really little else to say. Defend yourselves all you want. Somebody go do a spreadsheet and show them what it would have looked like today if they did not miss the biggest opportunity they will EVER have to increase sales.

 

Barry Diller and IAC (InterActive Corp)  figured it out when they bought hotels.com and you geniuses will be paying THEM for the next 100 years because you guys FAILED! And you will continue to fail until you can see how badly you messed up. Go take a look at THEIR spreadsheet.

 

Luckily there are other related domain names. Vacations.com. Ooops, owned by Travelocity. Too late! Do they charge commission too? Motels.com, motel.com, hotel.com, travel.com......Are you guys on Madison Ave. and Corp America getting the picture yet??? Instead of having an income producing ASSET on your ledger you have an EXPENSE!!! DUH! A significant expense. You can either "Get it" or call me names. Go ahead, give it your best shot. Nothing you can call me can cover up failure of this magnitude. NOTHING!

 

I rest my case!

 

Now I know you hear the frustration in my words. 5 years ago you would have had to peel me from the ceiling. But it is not as bad as it seems. I do see a light at the end of the tunnel. I do see a dialogue developing. I just really wanted to be on record and 100% clear of how I see it. I hope this filters up, down and sideways throughout the Corporate world and Madison Avenue. Start with Donny Deutsch and let it circulate down to Main Street.

To dismiss any of these first few posts would just be perpetuating a 12 year failure to understand how a GREAT domain name can grow your business, lead to greater market share, and if you fall asleep at the wheel be prepared for someone to come and disrupt your entire industry no matter what industry you are in.

 

Have a GREAT Day!

Rick Schwartz

Hotels.com, Campbells and Hyatt are registered Trademarks

 

"Morning Folks!" and "Have a GREAT Day!" From My Mind and Heart to Yours Since 1996.

Morning Folks!!

And with this I continue a journey that has survived several other homes and mediums for "Good Morning Folks!" and "Have a GREAT Day!" Today RicksBlog.com officially turns 6. 

But why is this particular post so important? Because when those that don't take to me and my style go back and read my words and see the consistency of which I approach things, I hope to earn their respect someday. I hope they can see the value in doing what I do. 

The hardest part of ANY journey is the first step. Starting something. The easy part is finishing it when you approach things in a forward leaning and productive manner. 20 year plan? Really? Go away!

Well, I have not gone away. I have been consistent and I have been focused and I still have my eyes on the 20 year prize that I started out on this journey to obtain. 

Jonathan's Board in 1996
Ynot.com 1997-1999
Netpond.com 1999-2000
Oprano.com 2000-2001
Ricks Board 2000-20005
RicksBlog.com 2007-Present 
Linkedin Joint Venture Group 2013

And so it was on April 9, 2007

I have not even re-read this post but as I pasted it I found a LIE I told you and so let's set the record straight. 

"I promise to shorten these posts" 

ok, I lied. Was not intentional. Danny Welsh did not help either. ;-)

ok, I better re-read the post below and see what else I screwed up.

And the balloons did arrive courtesy of Owen.

Ok, reread it. You decide if I nailed it! You decide if I did what I said I was going to do. You decide if I have earned my wings. :-)

RicksBlog.com Grand Opening!!

Happy Grand opening!

 

What? No balloons?? Where's the marching band? When the first mall opened near my home in the late 50's or early 60's my mother brought home 2 gold fish for showing up during the grand opening. It's been a long time since that has happened and I am sad to report I have no gold fish for you today. However I do think I have some gold to share with you. Gold that will be with you for the rest of your life and gold that I hope you will share. I don't sell this gold by the ounce. I give it away by the truck load. We'll just have to agree to meet up on another day for the fish.

 

Some may call my gold "Fools gold." They are entitled to do that. But I will tell you that they were wrong about yesterday, wrong about today and the evidence shows they will be wrong about tomorrow as well. My mission is to begin the conversation with those outside the domain industry as to why domain names are an important part of any marketing strategy. Perhaps THE single most important part. It is the foundation of what we do. I will ask folks to leave their prejudices and misconceptions about domain owners at the door because we have NUMBERS to talk about. Stunning numbers compiled over more than a decade and while others were swept out of the game during the collapse, we as domain owners, survived and even thrived. So domain insiders please stand by. I will need your assistance presenting those numbers. Then we will compare those numbers against traditional parallels.

 

The first few posts were an attempt to lay a foundation. A starting point. I hope folks that come here for years to come read these initial posts first as it will help to explain where I am coming from. I hope folks will point others here that need to quickly get up to speed about what a GREAT domain name represents. I will try and define what a GREAT domain is and how to spot them.

 

I hope you will allow me to continue to lay this foundation over the next few weeks before I attempt to address current conditions and where I see us all in the next 10 years. This blog is not for everyone. Believe me I will say something that you won't agree with and is gonna piss you off. So what do you want me to do? Not tell you what I truly believe? Sugar coat it? BULLSHIT you? 

NO WAY! You get it direct and unfiltered and if it provokes a passionate debate, then the GOAL should be find the best answer and look at as many possibilities as possible without getting stuck in the gunk. I believe good people with good hearts will find common ground even when they disagree. 

Life is all about making good decisions. Lee Iaccoca said something to the effect that if you can gather 75% of the facts, you are in a position to make a good decision. I have used that as a rule of thumb for many years. I think EVERYTHING in life is based on EVERY decision we make. The smallest decision can be the biggest and vice versa.

 

What I hope to accomplish is let you see what makes me tick so you can see what I see. Let's be blunt. 6 billion folks on the earth and only a few hundred really saw this incredible opportunity that is now a worldwide industry and growing under the radar faster than anyone has any idea of.

 

It's about saying out loud what you dare to believe and dare to dream and dare to achieve. So much of all of our successes comes from how deeply we believe in something. Passion without being obnoxious. All I can do is share what I see, why I see it and what I saw in the past that has unfolded like a well thought out portrait and why that is directly related to the future.

 

I came to the net and domains with a 20 year plan. That always raises some eyebrows. But it was with this 20 year plan in mind that I have always moved forward. That plan is now more than 50% complete. All I can say is I underestimated just how big and important the domain channel would become and how fast that would happen. It's also frustrating as hell that it moves so slow on a daily basis. My mission has been to accelerate the inevitable because our time here is short and undefined.

 

So I hope you will bear with me as I try and paint a picture that folks from every corner of industry can come to and grasp and understand and respond and embrace. I hope folks that need a fast track education on domain names will be pointed here. It's free for anyone that wants to listen and see what I see.

I promise to shorten these posts once I create the foundation I think it will serve us well for years to come. But one last thing. If you look to your left you will see some of my domain names and websites. I think it will be fun to change the last domain from time to time. Today's domain is "Widgets.com." Today it is a parked page. The power of a domain is that tomorrow it can be anything I want it to be and the flow of fresh new eyeballs that come there every day will just see something else. There is obvious room for VAST improvement on widgets.com. But that is a domain to be developed on another day. Today's domain is RicksBlog.com and I want to thank you for coming!

Have a GREAT day!
Rick Schwartz

 

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And Speaking of Goofoff.com. A 1999 Private Letter to My New Attorney Howard Neu. Circa 1999

Morning Folks!!

Shortly after the LadyGodiva.com suit between Campbell's and yours truly and when I had first met Howard, I had another interesting conflict with another very large company.

In those days, domain owners just rolled over. Not me. I was going to be the mouse that roared because the Internet as a medium was meant to even the playing field and these SOB's were going to have to deal with the new reality.

I do not look for or pick these fights, but I relish them when they come. I relish them because it is these wins that protects my other domains and yours too!

 

"Hi Howard!!

In response to Lilly’s offer……I am confused by their lack of understanding. Please ask them the following question:

If I am willing to spend 6 figures each on two separate actions involving Lilly Industries to KEEP goofoff.com…….are they absolutely insane and out of touch with reality to think that an offer like that is reasonable??? 

I would have loved to see the mental process, if any, involved to come to this?  How ridiculous and silly can a company that has been around 134 years look? I just don’t get it. Let alone that the annual profit on goofoff.com is many times more than that!!

As I have said in several public forums this year……there are companies of the last 100 years and companies of the next 100 years.

Please make it CLEAR to Lilly Industries that I am in this for the duration. If they INSIST in publicly showing that THIS is the type of outfit they are……they have a LOT more to lose than I do. Don’t let them underestimate my resolve in this matter. Now not only am I dealing with a Corporate Bully…….I now find myself dealing with Corporate IDIOTS!!

I want both of my days in court. I want the WORLD to see this for what it is. I want my peers to understand what a terrible thing Lilly and others are doing. If they want to settle, tell them to backoff and act in a responsible way that you would expect such a corporation like Lilly Industries to act.

Tell them I have taken SEVERAL polls and when asked if folks were confused between Lilly, Ely Lilly and Lilly Industries, 500 out of 500 were totally confused. When asked about goof off the paint remover and goofoff the time waster, not a single person was confused.

I don’t want to be nasty and I sure did not look for this fight……but the ONLY confusion here is on the part of 1 of those Lilly’s because I still don’t have a clue of who’s who.

I have repeatedly said no to interviews with television and radio in regards to this matter. On January 2, 2000, if not before, I am going to begin to accept those invites. If this continues I want the world to know what I know about the arrogance, ignorance, stupidity of Lilly Industries."

They did not get any smarter over the years and came back at a 2nd bite at the apple. Here is where that is now. All Goofoff.com traffic goes to my blog post and all is ON THE RECORD FOR THE RECORD!!!

Have a GREAT Day!
Rick Schwartz 

Rick's Magnificent Vaccine. How to REVERSE, Reverse Domain Name Hijacking

Morning Folks!!

Some folks don't like my style. Sure, many domainers don't care about Reverse Domain Name Hijacking because they have no domains anyone would want to steal. So for them, ScrewYou.com. You protect your assets and family the way you see fit and I'll do the same. Except I live in the world of reality and in reality there are still corporate bullies roaming around taking things they are not entitled to legally or morally.

I have been defending these suits as long as they have been in the business of filing them. And it is a business. A BIG business. But it is no longer going to pay off and the risk is going to more than any rational company should be willing to take.

Shortly after the LadyGodiva.com suit between Campbell's and yours truly and when I had first met Howard, I had another interesting conflict with another very large company. In those days, domain owners just rolled over. Not me. I was going to be the mouse that roared because the Internet as a medium was meant to even the playing field and these SOB's were going to have to deal with the new reality.

I do not look for or pick these fights, but I relish them when they come. I relish them because it is these wins that protect my other domains and yours too! This has been a 15 year battle and I have INVESTED tens of thousands of dollars or more protecting my self and then using these cases to INSURE my other domains by defeating corporate bullies trying to take

LadyGodiva.com
GoofOff.com
TSTV.com
And others 

and Reverse Domain Name Hijackers.

SaveMe.com

And thankfully 38 decisions on Reverse Domain Name Hijacking by other parties that I chronicle right here, some 130 case at RDNH.com and then a special post for Procter and Gamble that thought they were above all this and could lie to the presiding panel.

DOWN GOES FRAZIER! (look it up, if you don't know what it means)

Now if folks don't learn from this and don't realize if they slap down Procter and Gamble that they will swat you down in the same manner when you do the same thing, they are just schmucks that will get what they deserve. So if that is YOU that I sent here to read this, then PLEASE don't be that schmuck. 

But if you ARE that schmuck............think twice. If YOU are convicted of RDNH, Reverse Domain Name Hijacking, No reputation management software will erase the ink. You will be stuck with the consequences of your actions. In time that may be equal to a prison record. I will OWN your reputation and I don't want to. But YOU are calling the shots because YOU are the PREDATOR. So if this rattlesnake bites, just make sure you blame yourself and not me. 

Amazingly, not one of these fuckers have ever contacted me after the decision to say congratulations. To say they were sorry. To start a constructive dialogue. To ask if we could work something out. To make a bonafide business offer. These would-be thieves would "steal" but when they got CAUGHT, never offered to pay. Low life scum comes to mind to describe that behavior. 

And when we talk about Procter and Gamble, a domain dispute I was not involved in, famed domain attorney John Berryhill had this to say abot them as reported in DNJournal.com

"The entire premise of the UDRP proceeding was stunningly dishonest. They want the domain name for something else entirely, and concocted an utter work of fiction in order to attempt to steal it."

According to DNJournal:

Berryhill lays out the facts that prove his points - P&G wasn't interested in the domain because of a failed product they once marketed, they wanted it for a new offering. Unfortunately they didn't want to pay a fair and reasonable market price for it, for some bizarre reason, believing it would be smarter to try to steal it. Next time you look up the phrase "penny wise and pound foolish" on the web, odds are you will see the P&G logo illustrating the concept. 

 

It was important enough to lie or steal or attempting both but not important enough to pay for??  
FUCKERS! What do you want to call them? The domain in question "Swash.com" Marchex was willing to let go for $30,000. Not exactly a shake down but an incredibly reasonable price. A domain I will state right here publicly has a high mid-6 figure value in my professional and personal opinion and I would have expected a 7 figure asking price. So $30,000???? Wat was the COST of the The cost of the action P&G filed? Now it cost them a lot more because this is ON THE RECORD!

"Well, it's not PROFESSIONAL to call them names." Say some. Fine when PROFESSIONALS stop LYING and trying to STEAL, I'll stop calling them FUCKERS! How's that? 

Am I harsh? Hell no! When companies and other folks try to steal from me and others, it would not surprise me if we were not the only folks they did it to. Just a common sense wild guess that I am sure has no merit at all. Right? 

And believe me, as harsh as I have been, wait til you see what happens to the next FUCKER that tries and overstep their legal, moral and every other rights in hopes they can get something on the cheap that they have no RIGHTS to. They put their entire company and everyone working there in jeopardy when they mess with me. When they mess with you too. When they try and steal a domain.

Look, sometimes there is a legitimate dispute. The law is seldom black and white. So I respect when there is a true point of contention and then let the chips fall where they may and no hard feelings either way. However, when common sense is thrown by the wayside and folks make things up, then we have a serious mess and I am gonna milk that baby so the next FUCKER learns before they step in the ring. 

They will read this. I will point them to it. Their decision whether they want to GAMBLE not only their company's reputation but their personal reputation as well and that of the attorney handling the case. Ya know, the ones that "Should know better". Do they really want to do that with all this EVIDENCE for them to see?

I don't sell mercy. I give a FREE WARNING of what might happen if you decide to illegally TRESPASS. 

TRESPASSERS BEWARE. I will TYPE ON SIGHT!

Have a GREAT Day!
Rick Schwartz 

 

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Procter and Gamble and the Virtual "Scarlet Letter" for Reverse Domain Hijacking!

Mr. Edward Smith of California GUILTY of Reverse Domain Name Hijacking!!

How I Gave the JoeTorre.com Domain Name to Joe Torre Back in 1999

Morning Folks!!

So it is back in 1964. Joe Torre was the first autograph I ever got as a kid when he was a catcher visiting the Mets at Shea Stadium and with the Braves I think before Atlanta. I was a kid so it ia bit fuzzy. Fast Forward to 1999. I own JoeTorre.com. Joe Torre is the manager for New York Yankee's. The 1998, 1999 and 2000 World Champions

I want to get the domain to Joe Torre. What to do? What to do? So I wrote the following letter to the New York Post. Don't think I ever heard back from the post but I did hear back from Joe Torre's folks. I asked nothing in return but they did send me a few autograph baseballs and that was more than enough.

 

Hi,

My name is Rick Schwartz. I own about 3000 .com addresses. The reason I am writing this is because one of the .com domain addresses that I own is JoeTorre.com which I registered in mid 1998.

As time has gone on, the word “Cybersquatter” has entered our lingo. I have been made aware of the subtle differences of what is and is not allowed in reference to domain names and trademarks.  The line is so fine that the courts are clogging up with these type cases.

I also want to call attention to “Corporate bullies” that intimidate individuals and small business people into giving them domains that they have no legal rights to. A perfect example is the Lawsuit in which Lilly Industries is involved in with the fight over goofoff.com. “Goof off” is a common word found in Websters and goof-off is a paint remover that few have heard of. Details can be found at http://www.goofoff.com/lilly.html

Point is it is important to define the line between cybersquatting and the rights of legitimate domain owners. In our case we have a 10 year plan for development of our domains and now that what is and what is not considered infringement is getting more clearly defined, I am going thru our list to see what domains could be over that line.

While Joe Torre may be a common name, there is only one “Famous” Joe Torre. It is in this regard that I would like to turn this domain over to the rightful owner.

I would like the NY Post to do the honors. I figure it is easier to get a hold of the Post than Joe Torre.

Thanks for your time!!

Regards,

Rick Schwartz

 

Why The Internet Collapsed at the Turn of the Century.

Morning Folks!!

One of the things that surprises me the most is the lack of historical perspective so many have about domains and the Internet. Traffic, traffic flow, what works, what does not and WHY.

Are you with me so far? Does this all make sense? Are you ready to see why the Internet collapsed? This was my blog post of April 7, 2007. Nothung I had not written before but now it was in ink.

Morning Folks!!

Before we go forward we must STOP and look back. In 1999 things were popping and it seemed you could do no wrong. Surprise!

I predicted an Internet collapse back then and of course they laughed and thought I was exaggerating. It was inevitable as I weighed the mounting evidence. Just a matter of time, but few could see it coming. I saw a storm brewing and my job was to survive and thrive while others were washed away.

While I have heard dozens of reasons there was one or two CORE reasons from where I sit. One was because advertising on the net was based on "IMPRESSION BASED ADVERTISING." This type advertising was the root of all evil on the net imo. It was charging you for a customer whether he got to your website or not. It was more like "Billboard advertising" or static magazine ads and folks basically paid for NOTHING. But it was based on traditional advertising formulas and that did not exactly match up with Internet characteristics. So folks would overpay and get a bag of smoke. Any rational person would do it once, get burned and never do it again. 

Ahhh....bring in the "KNOW NOTHINGS" for reason #2. The KNOW NOTHINGS did the rational businessman one better. They had "Burn" money and they did a GREAT job burning it. They burnt it so well that advertisers actually believed in the Impression based advertising model and so everyone was so happy. Until of course the KNOW NOTHINGS ran out of money because thru all the plans and all the MBA's they never built a machine to turn a profit. They had no formula. Just some dream based on NOTHING but a fancy and phony business plan and a bunch of other people's money that they could care less about. Nobody ever told them in school that to run a successful business you need to turn a profit. That you can't give everything away for free. 

So it was only a matter of time before the collapse. And I said back in 1999 that "AFTER the crash, from the burning embers, will rise the REAL INTERNET." And today you are witnessing the the real Internet. The new Internet based on "CLICK THRU ADVERTISING." With this type advertising you actually get a physical visitor to your site and you have a shot at closing him if your mousetrap (Website) works. If it works you buy more and if your mousetrap works, you will outbid your competition because you will close more sales.

 

Maybe you are seeing things connecting. The next thing you might ask is why is a domain owner so concerned with closing more sales? GREAT QUESTION!! You are paying attention if this is on your mind. The simple answer is I am just copying folks like AT&T. When they came out with their 800 numbers some 30 plus years ago, they trained folks for free. They had all types of schooling and wanted to help you answer the phone and do it in a professional manner so that you would close more sales. WHY?? Because then you would spend more time on the phone and your 800 bill would go up and so your sales would go up and so they would sell you a bigger yellow page ad and they would all MAKE MORE MONEY! So by explaining how to increase sales by buying TARGETED and potent traffic and having an effective mousetrap that can close more sales translates into added value to the traffic that they produce and at the same time increases the value of domain names. EVERYONE comes away a winner! 

That is why the future is bright and payouts will continue to rise for years to come. When traffic was selling for a fraction of a cent my only question was "What is the value of a click if I sell a $20 million plane?" How much is that visitor worth? I believed then and I believe NOW that a clicks value is directly proportionate to the product or service you are selling. That is directly related to the value of a domain name. That is why I STRONGLY believe that anyone selling their domain for a multiple of "X" TODAY is short changing themselves more than they realize. Sometimes the best way to make the most money is to DO NOTHING!

Have a GREAT Day!
Rick Schwartz

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Posts That Stand the Test of Time. Line in the Sand

Evening Folks!!

The posts I try to make are ones that can stand up on their own years later and still be relevant. They usually have some assumptions and a theory behind them. For me it is fun to go years back and see what I wrote then and how it has played out since. I have some very strong beliefs when it comes to the Internet and on April 5th 2007 I re-wrote a post I had made many times before but had to do it from scratch. People are free to argue with my points. But just know going in that you are wrong. Period! Not debatable. Why? Maybe after all these years it is time to figure it out cuz I ain't budging!

 

The line in the sand

Let me start with a foundation of things I believe. These few points are not debatable from where I sit. So unless you get to this point, you will likely not understand nor accept anything else I have to say.

 

1. Getting a GREAT domain name is/was a "Unique opportunity in time."

 

2. No other commodity in the history of mankind has ever gone up in value faster than a GREAT domain name. No stock, no diamond, no gold, no land.

 

3. Just like land may have "Mineral rights" such as oil, a GREAT domain may also have mineral rights in the form of "Type in Traffic" from folks typing in your domain name directly into the navigation bar. If someone types in CubicZirconia.com and spells it right do you think they are not qualified? Not targeted? Is that visitor not valuable? Maybe even more valuable than most traffic because of the closing ratios they achieve? I'll talk more about closing ratios in a moment.

 

4. Fuel runs an automobile, TRAFFIC is what fuels the net. You can have a million dollar auto but without fuel it won't be going anywhere on it's own power. Same with a website. You can spend millions in development but until you add targeted visitors and can CLOSE A SALE you really have nothing. It just sits like the car with no gas.

 

5. Nothing on this planet happens until a sale is made. Nobody goes to work, not a truck rolls, not a plane takes off not a factory opens not a thing happens. Nothing happens until a sale is made and then you don't actually EAT until you turn a PROFIT. So you don't have to be a genius to sell hundred dollar bills for $79.95.

 

6. If you sell a product or service on the net via your website and your CLOSING RATIO is not your guiding light, not on the tip of your tongue, not on your radar.....Then you are lost. It is what I believe to be the single most important piece of data no matter what you are selling and less than 1% of all folks that run a site can answer that question. They are lost and are like a captain with no map, no compass, no plan. Your ratio is how many visitors do you need on your site for you to close ONE sale and then repeating those sales? Many sites are incapable of closing any sales. It may be for many reasons or even a single simple one....like the visitor can't find the checkout button.

 

If you have 10,000 visitors and you only sold one order I would ask why you did not close TWO out of 10,000 or FOUR or FIFTY? Or more? I would ask what you did with those other 9999 customers? I would ask "Is the traffic no good or is it the website that is no good?" You MUST isolate and figure out both sides. You absolutely MUST! But almost nobody does. They are working in the blind and building without a plan.

 

TEST, TEST, TEST. Tweak, Tweak, Tweak, experiment, experiment, experiment. And when the result is worse, go back to what worked better and find out WHY it worked better and build on that.

 

I can go on all day long talking about #6. But that is for another day and you may be asking what the hell does a domain owner know about this? All I can tell you as I know how to close sales on the net and back in 1996 and 1997 and 1998 I made a name for myself by increasing the bottom line of websites by 15% in just FIVE MINUTES! There are certain NAVIGATIONAL MISTAKES that almost everyone makes. Fix those, change the font, change the color, change the location and sales can go up dramatically.

7. All the dead guys that built the corporations so many work for today are rolling in their graves because  those in position of power and leadership largely missed the greatest opportunity of their lifetime, their fathers lifetime and their fathers before them!

8. Not all traffic is created equal

9. SHIT traffic and TARGETED traffic likely costs the SAME

10. If you don't know the SOURCE of you're traffic you better find out and re-read #6 until you are blue in the face. Imagine what it would do to your business if your site (Your MOUSETRAP) could only close ONE sale in 10,000 visitors while your competitor is closing 50 sales with the same amount of visitors. He is EATING your lunch and you better start paying attention before you head to Monster.com and look for a new job.

So here we are......
This may sound pretty basic to domain owners and developers, however it is GREEK to those outside the industry. They will doubt these beliefs. What they don't know is we are armed with stats to back up what we say. So my target audience is those outside the industry that still have a misconception of what GREAT domain names represent.


Have a GREAT Day!
Rick Schwartz

April 5th 2007

So now 2013. Still make no sense? How far have we come? How far do we still need to go? Still relevant today?

Have a GREAT Weekend!
Rick Schwartz

April 5th 2013 

 

First Time Ever Released! My Entire 1996 Domain Portfolio

Morning Folks!!

I am a bit of a pack rate. An electronic pack rat for sure!! My electronic files go back to 1996. Once and a while I will open a file and take a look back. Today I opened a November 1996 file that contained my entire portfolio after 10 months collecting domain names. With the exception of about 59 adult domains, this was the actual list from that time.

My first year. NO PPC. No real way to monetize a domain at that time, The adult industry was just starting to sprout. Mainstream wasn't even called mainstream yet nor was much there. But even back then my portfolio was always heavily weighted to mainstream, Main Street type domain names, that I always believed would have much greater value in the future. 

Of these a couple never made it to my account. I let 1 or 2 expire as I learned about trademarks. I sold about 5 for a total of about $800,000. 1 or 2 may have even been hijacked. The rest I still own.

Probably Gaysex.com is the one on the list that has generated the most revenue over the years. That $100 slot machine play has spit out well into the 6 figures over the years and still spitin'.

Here are 168 of 227 domains I owned in November 1996. Some good, some not. But there was no road-map back then. Most of them were not even hooked up yet or were just in the process of getting activated. See the ISP's wanted $39.95 PER DOMAIN to hook up back then. So I had to find a guy capable of hooking them all up for much less. So I finally found a guy that would charge me $250/month for all the domains and that was really the start of things and figuring out which domains had value and which did not. I just try to follow human nature the best I could. And still do.

ACCENTFURNITURE.COM

ANTIQUE FURNITURE.COM

ANTIQUECLOCKS.COM

ANTIQUEJEWELERS.COM

ANTIQUEPALACE.COM

ANTIQUESWANTED.COM

ART-ANTIQUES.COM

ASS.NET

ATHENSHOTELS.COM

AUCTIONSONLINE.COM

BESTIDEA.COM

BESTMAN.COM

BESTODDS.COM

BIGGESTDISCOUNT

BINGONIGHT.COM

BINGORAMA.COM

BIRTHDAYPARTY.COM

BOOKIEONLINE.COM

CASINOGAMBLERS.COM

CASINOGAMBLING.COM

CASINOGAMBLING.NET

CASINONLINE.COM

CASINOPALACE.COM

CASUALFURNITURE.COM

CHEAPDATE.COM

CHEAPESTAIRFARES.COM

CHEAPESTFARES.COM

CHEAPESTPRICE.COM

CHEAPESTPRICES.COM

CHEAPLAND.COM

CHEAPTHRILL.COM

CHEATING.COM

CHRISTIANNET.COM

CYBERASS.COM

CYBERGAMBLER.COM

CYBERTRAMPS.COM

CYBERWHORE.COM

DAILYDOUBLE.COM

DATENOW.COM

DISCOUNTPRICE.COM

DISCOUNTPRICES.COM

DISCOUNTRESERVATIONS.COM

EBINGO.COM

EFURNITRUE.COM

EMOVIE.COM

EXOYICWOMEN.COM

EXTRACASH.COM

FLOWERDEPOT.COM

FLOWERLAND.COM

FURNITUREDISCOUNTERS.COM

FURNITUREDISCOUNTERS.COM

FURNITURELEASING.COM

FURNITURESALE.COM

FURNITURESHOWROOM.COM

FURNITUREWHOLESALE.COM

GAYSEX.COM

GETHOT.COM

GIRLS.NET

GIRLSWANTED.COM

GOLD-DIAMONDS.COM

GORGEOUSWOMEN.COM

GREATASS.COM

HANDICAPPER.COM

HIGHPROFIT.COM

HORNYWIVES.COM

IMPORTEDFURNITURE.COM

INDIANCASINO.COM

INETCASINO.COM

INTERNETBETTING.COM

INTERNETGAMBLING.COM

JACKPOTBINGO.COM

JACKPOTSLOTS.COM

JCHRIST.COM

JESUS LOVESYOU.COM

KEMP-POWELL.COM

KEMP2000.COM

JESUSNET.COM

KINKYSEX.NET

KISSASS.COM

LASVEGASGAMBLING.COM

LAWTIPS.COM

LIVEDATES.COM

LONDONHOTELS.COM

LONELYPEOPLE.COM

MAKEOUT.COM

MODELHOMES.COM

MRAMERICA.COM

MRUNIVERSE.COM

MSAMERICA.COM

ONLINECASINOS.COM

ORIENTALGIRLS.COM

OUTDOORFURNITURE.COM

PARTYPALACE.COM

PLACEABET.COM

POWELL-KEMP.COM

POWELL2000.COM

RICKSCHWARTZ.COM

ROLEXFORSALE.COM

ROMEHOTELS.COM

SAMSTOWNCASINO.COM

SAVEME.COM

SCREWYOU.COM

SEXGODDESS.COM

SEXYMODELS.COM

SINGLEPEOPLE.COM

SOFTWAREFORSALE.COM

STAMPSFORSALE.COM

STARVINGARTISTS.COM

STREETWALKER.COM

SYDNEYHOTELS.COM

TICKETSFORSALE.COM

TIGERGOLF.COM

TIMEISMONEY.COM

TIPLINE.COM

TIPSHEET.COM

TITTYBAR.COM

TOCHRIST.COM

TOJESUS.COM

TOKYOHOTELS.COM

USGIRLS.COM

VBANC.COM

VBANKS.COM

VDATES.COM

VIRTUALAMERICAN.COM

VIRTUALASS.COM

VIRTUALASSHOLE.COM

VIRTUALAUTODEALER.COM

VIRTUALAUTOLEASING.COM

VIRTUALBANC.COM

VIRTUALBEDROOM.COM

VIRTUALBODY.COM

VIRTUALBOYFRIEND.COM

VIRTUALCARDEALER.COM

VIRTUALCRAPS.COM

VIRTUALDATES.COM

VIRTUALDIET.COM

VIRTUALDOCTOR.COM

VIRTUALGIRLFRIEND.COM

VIRTUALGOLFPRO.COM

VIRTUALHOOKERS.COM

VIRTUALKENO.COM

VIRTUALLEASING.COM

VIRTUALMENTOR.COM

VIRTUALMUSEUEM.COM

VIRTUALNUDITY.COM

VIRTUALPLAYBOY.COM

VIRTUALPLAYGIRL.COM

VIRTUALPRIEST.COM

VIRTUALSECRETARY.COM

VIRTUALSHOWROOM.COM

VIRTUALSLUT.COM

VIRTUALSTRIPPER.COM

VIRTUALTEACHER.COM

VIRTUALWHORE.COM

VIRTUALWHOREHOUSE.COM

VISIONSEX.COM

VSECRETARY.COM

WAGERONLINE.COM

WEALTHONLINE.COM

WEBNETCASINO.COM

WEBSLUT.COM

WHOLESALEFURNITURE.COM

WHOLESALEJEWELERS.COM

WHOLESALEJEWELRY.COM

WHOLESALEWATCHES.COM

WIFESWAP.COM

WORKSMARTER.COM

WORLDCHAMP.COM

Have a GREAT Day!
Rick Schwartz 

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Information Age or MIS-Information Age?

Morning Folks!!

I guess I just see things differently. I like facts and hate bullshit. People swallow the BAIT of mis-information just like dumb fish swallow the bait with a hook attached and then are on a dinner table a few hours later. Guess after a few million years the word has not gotten around to the fish community to stop taking the bait.

But are we as humans any different? How much bullshit did you swallow yesterday? I guess if you haven't been paying attention, probably a few mouthfuls! All day long you are bombarded with stuff. So much of that stuff is just some wording to lure you in. Eat it, smell it, taste it, buy it. 

But you need to be careful with information. Ignorance is a disease that has killed more people than all other diseases combined. Think about that before you just react to it. 

For all that we know, we really know so little. There are frontiers we have yet to discover or even search for. Our understanding is underwhelming. We are at the cutting edge of nothing because in so many aspects of life we have actually regressed and have gone backwards. Much of that is from mis-information.

So just remember, facts do count and when you do find a fact that is against what you thought before, it is up to you and me to adjust or we are just being baited and we are the bait.

Have a GREAT Day!
Rick Schwartz 

 

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Morning Folks!!

The "Test of time" is another big thing to me. To prove something it must be able to stand up against time.  So does the following post still stnd up years later? Not 100%......but more than ever!!!

Chew on this while we get organized

From April 4, 2007

Good Afternoon Folks,

A few weeks back my friend Frank Schilling asked me to write a guest column on his very popular 7mile.com blog. Frank started in domains around 2000. Others had already decided that all good domains were taken. They were wrong and they defeated themselves before they even began. Along came Frank and not listening to the naysayers, built a portfolio that earns more than any other single domain owner in the world today. So like I will tell you a little bit later...."If you believe you CAN....you are RIGHT! If you believe you CAN'T....you are also RIGHT! Which way your "Right" is will depend on the decisions you make and how you think. So I am going to republish the post I made for Franky cuz I think folks here will enjoy it and maybe it gives you a little peak into my inner workings and what makes me tick.

I usually write very straight forward and basic. It is rare I write things that are cryptic though it is always important to read between the lines. Here is a mixture of both. Some rambling thoughts designed to make you STOP and think. I’ll ruffle a few feathers to get you there. The first thing you need to do in life to change course, to change your destiny, is to STOP IN YOUR TRACKS, take a deep breath and re-evaluate where you are and where you are going. If you don’t start at a STOP, you lose before you begin. (Got that?)

Everyone runs around and says they want to make a million dollars. But that is truly silly. It is the same thing as climbing to the top of a building or a mountain without a staircase, ladder, elevator, gear or some device to get you there incrementally. The map to making a million dollars is not making a million dollars. It is making a dollar a million times. It is making a PENNY 100 million times. So if you are STOPPED as I suggested, this is your first change. When you make a core change like that it affects other decisions down the line so now you have to reanalyze many things. Invent once and then repeat, repeat, repeat. The more you repeat and the faster you repeat it will determine everything else. $1 million, $10, million, $100 million, it’s all based on the same recipe.

There is “No courage in Corporate America."  That's what I learned at T.R.A.F.F.I.C. EAST 2006 and how true those words are. No spine, no vision, no dreams, no ideas, no nothing but spineless jellyfish only interested in a paycheck on the 1st and 15th. No courage is something that may be able to be exploited. I see so few great IDEAS out there. I think they are coming. I think a foundation is being laid. I think sparks can and will be created. But corporate America won't care until you can lose $100 million and they can pay $500 million to rescue your company. They have such an interesting way of overpaying and make everyone think they are so smart. So my next piece of advice is don’t look to corporate America to sweep you off your feet and bring you to the promised land. They would rather knock you off your feet and bury you once they figure out how badly they goofed and how they missed the single biggest opportunity in any of their lifetimes, their father’s lifetimes and their grandfather’s lifetime. While Wall Street and Main Street traded manipulated and sometimes worthless stocks and Madison Avenue ignored us, they missed the commodity that has gone up faster in value than any other commodity ever known to man. No gold, no diamond, no land no nothing has ever gone up faster and further than a great domain name. Besides that, they lost the most magnificent self maintaining lead generation system ever devised. Imagine getting a million qualified leads for $6 a year. Imagine that? They can’t!! But IMAGINE how it will change the landscape when they actually do figure it out? When they STOP in their tracks and see what many of us see.

My current mission is to make a $1 a day domain be a $20 a day domain and then a $200 a day domain and then a $2000/day domain. Can you imagine what it would be like to multiply your entire income by 20 or more?

Yeah I know it can't happen, it won't happen blah, blah, blah. And to that I would say it CAN happen and it WILL happen and it HAS already happened. It will take on many forms and it will be duplicated 1 domain by 1 domain but the folks that can make that happen are soon going to meet each other and a new day is going to dawn. I have watched payouts go from 1/10 of one penny to many dollars. So the leap I described above is not as far as the ones we have already accomplished.

But, if you can't dream it and you can't believe it, then you can't do it. I accept that and completely understand it. But it does not affect me whatsoever. Not only do I believe it, I know I am actually underestimating what is soon to happen. Hey listen, I don't expect anyone to agree or even see what I see, but all I can do is share what it is I see and just how strong I see it. This will raise all of our overall net worth's. Your holdings are going to do very well IF you have good commercial domains or social domains with lots of eyeballs. Like anything else….If you believe you CAN’T….you are 100% right. And if you believe you CAN……you are also 100% right. YOUR CHOICE!!

If today is your first day of being a domain investor, good luck. Your job is to copy old paths and forge a new path. A new direction. You are never too late so don’t defeat yourself. The  publisher of this very blog “Came to the game too late” and was able to outperform all others that got here before him including me and every other domain investor in the game. He had no excuse and neither should you. With a solid plan and a few bucks in your pocket you can still get into the domain game and have it transform your life. I will tell you what I have told everyone before. “Your first domain is your most important domain.” If you choose that one right it makes your future easier than if you don’t. Take the time to learn what makes a good domain and a worthless domain. They likely cost the same. There are a lot of decent domains to be purchased on the secondary market for $500 to $2500. Learn how to pick out the gems and you will never look back. Good luck!

Before I put you all asleep, I’ll leave you with this. My famous “Truck story” and why helping each other has great benefits. With the spirit of giving in your heart you will receive more than you can ask for. That’s the “Magic” in approaching life from this side of the equation.

The 18 Wheeler Story……and The Crest of The Hill.

Years ago [in the domain business] many of us walked around searching for meaning. We knew we had gold and diamonds but were not sure how to turn them to cash. So the net was a true NET. We were forced to help and cooperate with each other for our very survival.

I have always seen the way things could and should unfold in a more uniform manner. Of course that is not possible but the way I have always seen it is in this picture I draw.

IMAGINE there are 10 trucks. All 18 wheelers and all lined up parallel. NONE of them have the power to get over the crest of this steep hill. Each truck has a driver and a helper. You see 10 trucks with drivers and you see 10 trucks with a guy behind it doing everything he can to push the truck over the crest. ALL are failing. Not a one has budged. They are stuck. Paralyzed in time.

The thing they don’t understand is that they have the power and resources right there to change their destiny and overcome the huge obstacle they are facing. Instead they are grumbling and frustrated and are losing money by not getting the goods to where they need to go.  If they were to think a little more unselfishly they could easily garner the power they need to get moving again.

What if…..What if you took 9 of the 10 drivers and put them behind just ONE truck and what if you got all the other 10 helpers to also push that one truck? Well you would get the result they all wanted by cooperating and then they could go right down the line and REPEAT the process and formula and push all the other 9 trucks until they are all rolling again.

The day I created this story I also had a vision for a way to apply it. Maybe there is still a way. We talk about “Development” and I think that is what most of us ultimately are. Some develop at different speed, at different levels and for different reasons.

IMAGINE…..10 domainers with like minds get together. Their mission is each month, develop one domain name owned by one of the other members of the group and built by all other members as they donate a little time and talent and knowledge to the effort. At the end of the year each would have a site developed by some of the very sharpest people we know with talents beyond most and 10 chances to hit pay dirt. Imagine dozens of groups doing the same thing. Starting with a great domain, identifying a void, figuring a way to profit from that void and creating something that we would be proud of and move in a direction we all would like to go. We all have great land and nails and wood and brick and cement in our arsenal. Together we can build houses. Alone we may build frustration and feel like those truckers until they figure it out.

This leads to other things and I could see dozens of groups like this pulling this off. One domain at a time and success after success after success.

Just a vision I have had for a very long time and never have the mind or time or PATIENCE to put it on paper and explain it in a way that could be understood and embraced. I know I have tried several times. But I have not successfully articulated what is in my mind and heart.

Lastly, don’t listen to the naysayers. They are the ones sitting on the sidelines cheering for your failure. They build themselves up by ripping others down. Don’t fall into that trap. Don’t become a person on that side of the equation. They are mad at the world and the frustration built up in them is used to try and defeat you. Don’t let them. Your triumphs are illustrations of their failures. They have the power to change that at every moment of their life, but the first thing that has to happen is the first thing I mentioned. They have to STOP and reanalyze, rethink, and set the course. Something we all have in common and something we should all do periodically to make sure we are still on course.

I will leave you with my most important thought. When you leave New York and set sail for London and you end up on the shores of Africa…..your problem did not occur when you landed in Africa, it happened before you even set sail for New York. Point is……99.9% of ALL failures are due to a bad or quick decision in the beginning or the planning stage. So the likelihood of any success can easily be determined before you even begin. Usually a SIMPLE change can also change your entire future fortunes. If you walk east looking for the sunset you will likely become disappointed, angry and frustrated. Their frustration boils over and they last out at the world. Especially anyone telling them they are wrong. Just a 180 degree shift on one thing can change your destiny. But before you do that you MUST STOP. Stop in your tracks. If you don’t start at a STOP, you lose before you begin.

So welcome to my little world and to a MIND that just keeps them guessing!

Have a GREAT day!
Rick Schwartz

Posted on April 04, 2007 at 03:42 PM

 

Have a GREAT day!
April 04, 2013
Rick Schwartz

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Rewind April 3, 2007: Domain King Announces Blog

Morning Folks!!

I guess we can call this my anniversary week/month for Rick's Blog. It all started on April 3, 2007. But of course it really started in 1996. The arguments I made in April of 2007 were valid then, were valid in April of 1997, valid today and valid in 2017.

Have a GREAT Day!
Rick Schwartz 

Domaining WITHOUT Pay Per Click?! Do you Suffer From Googleitus?

Morning Folks!!

You may want to look at things differently if you PLAN to SURVIVE in domaining. See the dirty little secret is how many folks have failed and gone bye bye in this business. Some rather large players now gone. More will be joining them. Many more. Will it be you? Probably not. But it will be somebody you know.

If pay per click went away today so would 75% of domainers. 

Guess what? I think differently because I did not have the tools or some say the handicap and crutches of things available now that make you see everything differently.

Was there Pay per click (PPC) when I started in 1995? NO! Not even a thought if it coming.
Was there Pay per click (PPC) in 1996? Nope!
Was there Pay per click (PPC) in 1997? Nope!
Was there Pay per click (PPC) in 1998? Nope! Google was born in September that year.

So imagine working the first without the benefit or the tools or the outlook of Google? 

So while everyone has Googleitus, because that is all they know, I know a world without that disease. That limiting tool that sometimes works against your long term interests.

So what the hell was I doing? I was joining "Recognized Groups".  Something I did not talk about for over 17 years until just the other day. Becoming part of an invisible franchise. So when youtube.com became the rage anything XXXTube.com was part of this "Recognized Group" if it had MEANING. MyTube.com would be an example. Same with Facebook and those either starting with "Face" or ending with "Book". That is how a new thing like the Internet expands. A second BIG success in any of those examples further solidifying and value that invisible franchise with no franchise fee. It is an instant trust.

That is why PIZZA is the only thing that needs to be on a sign to be seen 3 blocks away. Putting "Ricks Pizza" would reduce the SIZE of the reach of that sign and only reach 1.5 blocks. Half the distance and half the audience. The only thing relevant to them is PIZZA! So if RICK is BIG and pizza is small, I have BRANDED LESS SALES. Period!

My strategy was focusing on domains I could see on TV, hear on Radio, placed on billboards and used in Magazines and other forms of print advertising before I even got to the part of the domain that paralleled a piece of property or even a full business. But not just any property, strategically placed property scattered throughout a city that had yet to be built. Manhattan 250 years ago. Repeating itself!

Adult was the first PPC for me. Roar I think. Circa 1998-1999-2000.

So my question to you today is what happens if PPC is no longer an option? Do YOU have an answer other than the lame one. "That will never happen".

ok, fine it won't happen. But we all got a huge haircut from 2007.
What will you say when it goes down another 75%? I mean really....do you have an answer?

It was never part of my equation so I can adjust easier than most. But of course I started that adjustment in 2007 as I then watched payouts decline in 2008, 2009, 2010, 2011 and did not stabilize to any degree until Frank entered the scene. That stopped the squeezing but since May 2011 PPC is DOWN not up.

I think we are at an ebb tide. See it is in Googles's best interest to finally get rid of the shit and focus on quality. They can no longer give their customers shit and say how good it is because they can compare results with other outlets. So quality is finally becoming a big deal.

But what if you have SHIT traffic? Do you really think Google is going to keep paying ya? I don't think so. That day is around the corner. And while PPC won't go away, it won't be available to many because their traffic quality has no quality.

So if you are not actively looking and planning for a day without PPC....wft are you waiting for? By the time Google figures out that quality is FLEEING from PPC, what will be left will be the shit and there goes PPC.

Have a GREAT Day!
Rick Schwartz 

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Today's Pet Peeve

Afternoon Folks!!

Yesterday I talked about TRUSTING a site before they get your info. Today I want to talk about another pet peeve of mine. See the Internet is NOT A TV! So advertisers better start to LEARN to stop treating it like one. Learn that a 30 or 60 second spot on a website is INSANELY long!

30 seconds? Imagine waiting 30 seconds for every page to load. That would be like a 300 baud modem. Remember them? Sorry, got off the path. But do IMBECILES really expect me to watch a 30 second diaper ad? Really? 30 seconds. I just want to see the damn CONTENT. Don't waste my time! Don't waste YOUR money or whatever moron is paying you. Stop being desperate and focus on being good. Maybe even have something RELATED to what I am reading about you idiots!

Now I don't like any of those sites that force me to watch something......BUT IF YOU do FORCE me to watch some CRAP I could care less about and makes you look like desperate fools.........at LEAST cut it to 10 seconds. 

Thank you!

And that is "Today's Pet Peeve" ;-)

Rick Schwartz

Meet "T" Danny's Secret Weapon

Morning Folks!!

I wrote this on Saturday when I returned home but wanted to digest a few days before posting it.

I wish you folks could be privy to the "Training" that is going on. See, we are not just unleashing 12 people to do whatever. We are training them with a certain amount of strategies and how to approach an end user. They are representing precious assets and they need to do it in an effective manner. They can't just be a bunch of wildcats. That won't work for what we are doing here.

Plus we are not DESPERATE for deals. We will only do a GOOD deal where every party wins. We have teamed up with Escrow.com to take the worry out of any leasing transaction for both sides.

I look at this industry as a huge pie. So much success to share why would anyone waste their energy on anything not productive? The part of the domain industry built on success and character and enjoying life and achieving big things and having the PATIENCE to see things thru.

This was a VERY fulfilling week. Besides the birth of a product and strategy that would absolutely have Al and Bob and Frank nodding with approval even in their graves, I can tell you I witnessed something special this week and when you see what I see, you will KNOW why I am doing this and all doubts will be removed.

It's a good thing I have 11 acres and no neighbors up there. We screamed and yelled and hammered things out that few would have the patience or stomach for. Of course Danny has a secret weapon. And we do too!  "T". 

"T" is hard to describe. She is a very special in her own right. Believe me, I was the dummy at the table. But when you put certain ingredients together, EXPLOSIONS happen! Dynamite is just how you put certain ingredients together to cause a reaction. Those ingredients each sitting alone at a table mean much less. Put them together the right way and BOOM! 

When Danny says he has been working on this before I even agreed to do it, this is not bullshit. This is almost spooky. I don't even know how he can organize himself like this. I saw a 4 hour, one man presentation the likes I have never seen in my life. Several of them. Covering more things than I could write about in a month. I may just give him his own seminar room at TRAFFIC and let him loose for 8 hours. Anyone that wants to listen and watch can, if not, the regular show will be going on.

Talk about LEVERAGING the POWER of the INTERNET. Harnessing the future and doing it in a given space of time. NEED, WANT, DESIRE, VALUE....will soon be reunited with SENSE OF URGENCY!

Domaining is about to be FUN again because folks are going to have more and more options. Stay tuned!

Have a GREAT Day!
Rick Schwartz 

 

 

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Domainers are not Domainers Because they say they are.

Afternoon Folks!!

Just because someone says they are a domainer does not make them a domainer. Take this case and let's make it clear to the world that this is NOT A DOMAINER but in fact a CYBERSQUATTER. We as an industry need to take the lead on things like this.

Now I am the first to admit there is a fine line and it is the fine line that we are disputing and fighting the good fight over. The fight is exactly where that line is drawn. In my view of the world this is clearly cybersquatting with a malicious intent. It is WAY over that fine line that is slowly being defined with these Reverse Domain Name hijacking decisions as well as bona fide complaints of trademark holders.

The CNN.COM Article brings Donald Trump on one side and what I clearly see as a cybersquatter on the other. However the entire industry of "Domaining" has been used with the same brush and that is worrysome. So I want to be clear of where I stand on this case.

The court will rule and I have a hunch it will cost this chap $400,000 for his business tactics. JMO and we will see. Maybe they we settle before it gets that far. I kinda doubt it.

"Yung, a self-described "domainer," acquired four Trump-related domain names, including trumpmumbai.com and trumpindia.com, in 2007, the year the Trump organization announced plans to build Trump-branded hotels and condominiums in Mumbai and Bangalore, India."

But there is clearly a difference between a domain owner, domain investor, domainer, domain developer and an actual cybersquatter. They are not the same and those that try to lump all together usually have an agenda behind their actions.

So, on the record, for the record to the general public......This young man is NOT a domainer in any way, shape or form. He, in my professional opinion, is one degree worse than a cybersquatter when you add in his particular use. We will follow up on this when a ruling or settlement comes down.

Sadly, there are many, many, many more cybersquatters than there are professional domainers. Professional domainers and others that RESPECT and UNDERSTAND trademarks and laws surrounding them as well as the intent and the spirit of them.

When there is reverse domain name hijacking they need to be called out and when they are CLEARLY violating a trademark they must also be called out.

Rick Schwartz

Distinguish Your Company without the Confusion!!

Morning Folks!!

Distinguish Your Company without the Confusion. Isn't that what this is all about? 

Easy to spell.

Easy to remember.

Easy to tell others.

Passes the Radio Test.

Looks good on a billboard.

Looks good in an ad.

Can be brandable or generic. 

Does not leak traffic, customers and profits to anyone especially your competition.

Stop saying "NO" to a never ending stream of new customers. ARE YOU CRAZY??

What exactly do the folks in charge not get?

What exactly do those in charge of their companies say to not even knowing the difference between foundational and strategic marketing? Not even knowing that the decisions they make now have long term consequences and they view things via a short term lens or budget?

Until now the end users always had a pass. But now there are no longer excuses there are only the incompetent and unqualified. When you have an example like Borders, what is not to understand? They were SCHMUCKS that got put out of business by the competition for going into this century WITHOUT a thought about foundational and strategic marketing and that is only the tip!

But that tip is what should alert the next schmuck, from being a schmuck. Don't repeat the same mistakes. Study why they collapsed. Study why Pets.com collapsed. Study why the entire thing burst in 2000 and the threat the Internet was to all those now pumping it up and relying on it.

There is an entire history of failure out there and the way to have a success is to study the failures of others. Study the successes of others. Apply those lessons to your path.

What should be the most progressive folks on the planet are actually regressive because they are not aggressive when they look to the future at a time where every moment counts. They just don't understand their role and they have let so many folks down for not being light years ahead of fools like me.

Have a GREAT Day!
Rick Schwartz 

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Earn my TRUST First Before Asking for my Info!!

Morning Folks!!

So the new trend (and not very smart imo) is FORCING someone to open an account and giving information BEFORE anything else and this is just another blunder in a series of blunders being made by DESPERATE websites taking the advice of guys that lose more business than they get.

Earn my trust before you ask me for information and those that don't do that. CLICK BABY! That browser is closed and gone forever and so is the website doing it. Never to return.

All these "Cute" things that are hurting their business they just are blind to it. Like dropping the .com on your name advertising. DUH! I love it being invested in dotcom, but stupid from a marketing standpoint and they will all regret their decisions and change back in time. Many of them have a franchise based on .com and now they are too cool to dance.

I am so sick of annoying websites. Don't blast some crap at me unless I ask. Let me do my thing. I will tell you when I need your help. Now they want to make the online experience as SHITTY as the instore experience with a bunch of people BOTHERING you when all you want to do is be left alone and BROWSE.

That's why they call it a browser. You can browse with as little or as much help as you want. But now these MORONS are interfering with what I want and that is just not cool. 

Have a GREAT Day!
Rick Schwartz

PS: Weather.com figured it out in 3 weeks. They now added a button so their video does not start playing unless you want it to. Do you know why they made that change? They lost a LOT OF TRAFFIC for overstepping their boundaries and  it pissed people like me off.

 

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A Key Domain is Being Part of a "Recognized Group"

Morning Folks!!

A "Recognized Group" is something I have never written about until today. A "Recognized Group" in domaining is sort of a franchise with no organization or franchise fee. Just a wave that establishes a stream of sorts and credibility at the same time and is memorable. Many of the domains I registered over the years fall into these categories.

For example in 2008 "Joe the Plumber" got notoriety and joetheplumber.com was a great domain name that got repeated and and copied. JoeTheBarber.com, JimThePlumber.com, TonyTheWaiter.com. All of these are examples of  a train or trail and a branding not done by you but taken advantage by you with the draft of driving behind an 18 wheeler truck. 

In the 800 era it was 1-800-THE-CARD by American Express. If you were lucky enough to own one of the other words followed by 1-800-THE-???? well you were in business. You were part of a "Recognzed Group".

Being part of a Recognized Group gives you credibility without earning it. Just instant street cred. Human nature. Never fight it.

Here is another example. I used to own a Pizza place with my brother on the boardwalk on Cape Cod. When we were having our sign made, we had to decide what to put on it. Did we put the name of our pizza place there? NO! We did not do that. But we did put one word there. Big, bold, seen for 2 blocks away because nothing else really mattered. Branding would mean our name would be bigger and our product would be smaller. On a boarwalk you don't have time to brand. You don't need to brand. You need to sell.

PIZZA

That was the day I learned about "Recognized Groups" but TODAY was the first time I have ever been able to put a name on it and also put it in words with examples. 

Have a GREAT Day!
Rick Schwartz 

Happy Easter, Good Passover, Great Sunday!

On The Way Home to Florida.....

Morning Folks!!

Had a great week with Danny Welsh up in North Carolina and we ended our 5 day pow-wow with a Disney movie last night. Best part. The end where Walt Disney says "Keep Moving Forward" because every day, and at each point of frustration I say all you have to do to reach a goal is keep moving forward. As long as you are doing something proactive to keep you moving forward....it is a GREAT day!

The future is exciting and we are going to peel it right in front of your eyes each and every step of the way. Then anyone can come back here later this year, next year and the years after to see our words and then to measure them against our achievements.

The BS we are goiing through is nothing compafred to the sales job Disney must have done to share his vision. And folks, it is a vision. The clearer that vision is, the better chance at success. This baby is CRYSTAL CLEAR!

Friday again?

Have a GREAT Day!

 

Mr. Edward Smith of California GUILTY of Reverse Domain Name Hijacking!!

Afternoon Folks!!

TheDomains.com is reporting A three member UDRP panel has found Edward Smith of California  guilty of Reverse Domain Name Hijacking (RDNH) in the attempt grab of the domain name Joopa.com

I have 36 such cases so far and this resource has 129. Each win will discourage the next would-be hijacker. A tip of the hat to all owners below that fought and a big congrats to the attorney that represented them! I will list any and all cases as I learn of them. In time we hope decisions like these will will make the next IDIOT think twice before they attempt to STEAL something they have no legal or moral rights to. We now OWN YOUR REPUTATION and we will circulate!

And a special tip of the hat to John Berryhill who is the leading RDNH attorney in the world. I am counting and will post how many wins he has recorded on behalf of his clients. I would guess about 1/3 of all decisions. So if you are up against Berryhill or Neu or Keating or a few others, good luck! You'll need it. Save yourself a great loss and embarrassment and WITHDRAW your case and send the other party their expense money and then get down to this thing we call "Capitalism" and NEGOTIATE!!

If you are on thin ice, and found out to be GUILTY, you and your company will be listed right here and in all future blog posts and interviews relating to this and I reserve my right to use your attempted theft at every chance I get. Let the PUBLIC decide who is the THIEF! Who is the party found GUILTY of REVERSE DOMAIN NAME HIJACKING! Each case will be included in the book I am writing as well. 

SaveMe.com The Grand daddy of RDNH. Here is my post on this very big win against Márcio Mello Chaves, aka Márcio Chaves aka Marcio Chaves.

The Complainant is G.W.H.C. - Serviços Online Ltda., E-Commerce Media Group Informação e Tecnologia Ltda. of Sao Paulo, Brazil, represented by Almeida Advogados, Brazil. Found guilty of Reverse Domain Name Hijacking 

But in even a bigger case, Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker.

Case #1 is our Friend Scott Day of Digimedia who won a $100k+ judgment against GOFORIT ENTERTAINMENT, LLC who IS a REVERSE DOMAIN NAME HIJACKER.

Case #2 Rain.com Media Rain LLC engaged in Reverse Domain Hijacking

Case #3 CinemaCity.com The Complainant is Prime Pictures LLC of Dubai, United Arab Emirates (“UAE”), represented by Law offices of Vince Ravine, PC, United States of America (“USA”). Reverse Domain Name Hijacker

Case #4 CollectiveMedia.com The Complainant is Collective Media, Inc., New York, United States of America, represented by Lowenstein Sandler PC, United States of America is a Reverse Domain Name Hijacker

Case #5 Elk.com The Complainant is ELK Accesories Pty Ltd. of Preston, Australia represented by Pointon Partners, Australia is a Reverse Domain Name Hijacker

Case #6 ForSale.ca Globe Media International Corporation is a Reverse Domain Name Hijacker

Case #7 Mess.com Kiwi Shoe Polish Company, The Complainant is Mess Enterprises, San Francisco, California, of United States of America, represented by Steve Clinton, United States of America is a Reverse Domain Name Hijacker

Case #8 Goldline.com The Complainant is Goldline International, Inc., represented by Spataro & Associates is a Reverse Domain Name Hijacker

Case #9 K2R.com The complainant is a Swiss company, K2r Produkte AG of Haggenstrasse45, CH 9014 St. Gallen, Switzerland is a Reverse Domain Name Hijacker

Case #10 CarSales.com The Complainant is carsales.com.au Limited of Burwood, Victoria, Australia represented by Corrs Chambers, Westgarth, Australia is a Reverse Domain Name Hijacker

Case #11 Proto.com The Complainant is Proto Software, Inc., New York, New York, United States of America, represented by Byron Binkley, United States of America is a Reverse Domain Name Hijacker

Case #12 TrailBlazer.com The Complainant is Trailblazer Learning, Inc. dba Trailblazer, Caledonia, Michigan, United States of America, Self-represented by Brett W. Company COO, Caledonia, Michigan, United States of America is a Reverse Domain Name Hijacker.

Case #13 DreamGirls.com The Complainant is Dreamgirls, Inc., Tampa, Florida, United States of America, represented by Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP, Los Angeles, California, United States of America and have been labeled a "Reverse Domain Name Hijacker".

Case #14 Mexico.com The Complainant is Consejo de Promoción Turística de México, S.A. de C.V., Colonia Anzures, Mexico, represented by Bello, Guzmán, Morales Y Tsuru, S.C., Mexico is a Reverse Domain Name Hijacker

Case #15 Windsor.com Complainant in this administrative proceeding is Windsor Fashions, Inc., a California corporation with a principal place of business in Los Angeles, California, United States of America. Complainant is represented in this proceeding by Abraham M. Rudy, Esq. and Julie Waldman, Esq., Weisman, Wolff, Bergman, Coleman, Grodin & Evall LLP, Beverly Hills, California, United States of America. They have been labeled a "Reverse Domain Name Hijacker".

Case #16 Mindo.com Complainants are Scandinavian Leadership AB and Mindo AB of Uppsala, Sweden, internally represented. They have been labeled a "Reverse Domain Name Hijacker".

Case # 17 and Sha.com he Complainant is Albir Hills Resort, S.A. of Alfaz del Pi Alicante, Spain, represented by PADIMA, Abogados y Agentes de Propiedad Industrial, S.L., Spain. They have been labeled a "Reverse Domain Name Hijacker".

Case # 18 etatil.com The Complainants are ÖZALTUN OTELCİLİK TURİZM VE TİCARET LTD. ŞTİ. of Istanbul, Turkey, Allstar Hotels LLC of New York, Unites States of America and Mr. Metin ALTUN of Istanbul, Turkey, represented by Istanbul Patent & Trademark Consultancy Ltd., Turkey. They have been labeled a "Reverse Domain Name Hijacker".

Case # 19 Takeout.com. Complainant is Tarheel Take-Out, LLC of Chapel Hill, North Carolina, United States of America (“U.S.”), represented internally. They have been labeled a "Reverse Domain Name Hijacker".

Case # 20 WallStreet.com  The Complainant is Wall-Street.com, LLC of Florida, United States of America (the “United States” or “US”), represented by Flint IP Law, United States. They have been labeled a "Reverse Domain Name Hijacker".

Case # 21 parvi.org found for the complainant in 2009 but in 2012 the courts rules that theCity of Paris, France was guilty of "Reverse Domain Name Hijacking" in a landmark case that resulted in a $125,000 judgement against the city.

Case #22 Gtms.com The Complainant is Sustainable Forestry Management Limited, a company incorporated under the laws of Bermuda, with its principal place of business in London, United Kingdom. The Complainant is represented by its general counsel, Mr. Eric Bettelheim. They have been labeled a "Reverse Domain Name Hijacker".

Case #23 PetExpress.com The Complaintant is Airpet Animal Transport, Inc. represented by Mark W. Good of Terra Law LLP, California, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #24 ColdFront.com Complainant is Personally Cool Inc. (“Complainant”), New York, USA. They have been labeled a "Reverse Domain Name Hijacker" 

Case #25 Unive.com Complainant is Coöperatie Univé U.A. of Arnhem, Netherlands, represented by Novagraaf Nederland B.V., Netherlands. "Given the circumstances, the Panel finds that the Complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking, and constitutes an abuse of the administrative proceeding"

Case #26  eCase.com AINS, INC. (“Complainant”), represented by Janice W. Housey of Symbus Law Group,  LLC, Virginia, USA. The panel concludes that the Complaint was brought in bad faith in an attempt at Reverse Domain Name Hijacking.

Case #27 TinyPrint.com Complainant is Tiny Prints, Inc. (“Complainant”), represented by CitizenHawk, Inc., California, USA "Complaint was brought in bad faith and that, accordingly, Complainant has attempted to engage in Reverse Domain Name Hijacking"

Case #28 Enki.com Complainant is Enki LLC (“Complainant”), represented by Eric A. Novikoff, of California, USA. "This is a frivolous proceeding which should never have been filed by Complainant. Accordingly, the Panel finds that Complainant is guilty of Reverse Domain Name Hijacking"

Case #29 SFM.com Complainant is State Fund Mutual Insurance Co. represented by Peter G. Nikolai, of Nikolai & Mersereau, P.A., Minnesota, USA The Panel finds "Complainant has engaged in Reverse Domain Name Hijacking."

Case  #30 Swash.com Complainant Procter and Gamble Represented by Keating Muething & Klekamp PLL. Procter and Gamble is a Reverse Domain Name Hijacker

"It is impossible to believe that the Complainant, who employs ultra-sophisticated marketing methods, was not aware that the disputed domain name, <swash.com>, had been registered and used by other entities for some years when the Complainant introduced its SWASH product line in 2009. 

The entire Panel finds it more extraordinary still that in its Complaint the Complainant represented the SWASH brand to be a worldwide brand of longstanding with multi-million dollar sales, stating that over the last 4 years alone the brand had gained sales of over USD 40,000,000. When this was challenged by the Respondent, the Complainant was forced to admit that the brand had only been on the market for 4 years, that sales had been restricted to the USA and that sales over those four years had totaled underUSD 60,000. 

Had the Respondent failed to respond, there is a very real risk that the Panel, relying upon the 1993 International registration and the substantial sales volumes claimed for the brand, would have found in favor of the Complainant. This Complaint fell very far short of what the Panel was entitled to expect from a Complainant of this stature.

In all of the circumstances present here, the Panel finds that the Complainant has abused the process in an attempt at reverse domain name hijacking in contravention of the UDRP Rules at paragraph 15(e). The Panel majority also finds the Complainant has attempted reverse domain name hijacking because it must have known that the Respondent did not know of (nor had any reason to be aware of) any relevant trade mark rights in the SWASH name when the Respondent registered the disputed domain name in 2004."

Case  #31 3dCafe.com Complainant is 3DCafe, Inc. (“Complainant”), represented by Danielle I. Mattessich of Merchant & Gould, P.C., Minnesota, USA. The panel finds "Complainant acted in bad faith. The Panel therefore makes a finding of reverse domain name hijacking."

Case  #32 xPand.com The Complainant is X6D Limited of Limassol, Cyprus, represented by Bracewell & Giuliani LLP, United States of America. "The Panel therefore accepts the Respondent’s allegation that the Complainant is using the UDRP as an alternative purchase strategy after the acquisition of the disputed domain name failed. Therefore, the Panel finds that the Complaint was brought in bad faith, in an attempt of reverse domain name hijacking: The Complainant knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered in bad faith."

Case  #33 Webpass.com The Complainant is Webpass, Inc. of San Francisco, California, United States of America represented by Law Office of Richard J. Greenstone, United States of America. 

D. Reverse Domain Name Hijacking

Paragraph 1 of the Rules defines Reverse Domain Name Hijacking:

“Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name.”

The general conditions for a finding of bad faith on the part of a complainant are well stated in Smart Design LLC v. Carolyn Hughes, WIPO Case No. D2000-0993 (October 18, 2000):

“Clearly, the launching of an unjustifiable Complaint with malice aforethought qualifies, as would the pursuit of a Complaint after the Complainant knew it to be insupportable.”

These conditions are confirmed in Goldline International, Inc. v. Gold Line, WIPO Case No. D2000-1151 (January 4, 2001) and Sydney Opera House Trust v. Trilynx Pty. Limited, WIPO Case No. D2000-1224 (October 31, 2000) (where the condition is stated as “the respondent must show knowledge on the part of the complainant of the respondent’s right or legitimate interest in the disputed domain name and evidence of harassment or similar conduct by the complainant in the face of such knowledge”), which in turn cites Plan Express Inc. v. Plan Express, WIPO Case No. D2000-0565 (July 17, 2000).

The Complainant knew when it filed the Complaint that the registration of the disputed domain name preceded by several years any rights that the Complainant may have acquired in the mark WEB PASS. Indeed, the Complainant annexes a printout of the WhoIs registration to the Complaint, and that printout indicates that the domain name was created well before the Complainant’s first use in commerce of its mark. In this Panel’s view, this is sufficient to find reverse domain name hijacking. See NetDeposit, Inc. v. NetDeposit.com, WIPO Case No.D2003-0365 (July 22, 2003) (finding reverse domain name hijacking because “Respondent's domain name registration preceded the Complainant's creation of its trademark rights”).

The Panel finds that the Complainant has attempted Reverse Domain Name Hijacking.

Case  #34 BSA.com Complainant is Bin Shabib & Associates (BSA) LLP (“Complainant”), represented by Jimmy Haoula, United Arab Emirates.

The panel finds that Complainant has failed to present any evidence to support its claimed rights in the disputed domain name.  It only provided an application for trademark registration which does not establish any enforceable rights under the UDRP.  It did not offer any evidence to support a finding of common law rights in the disputed mark.  Also, the Panel finds that Complainant knew or should have known that it was unable to prove that Respondent lacks rights or legitimate interests in the disputed domain name or that Respondent registered and is using the disputed domain name in bad faith.  Based on the foregoing, the panel finds that reverse domain name hijacking has occurred.  

See NetDepositVerkaik v. Crownonlinemedia.com, D2001-1502 (WIPO Mar. 19, 2002) (“To establish reverse domain name hijacking, Respondent must show knowledge on the part of the complainant of the Respondent’s right or legitimate interest in the Domain Name and evidence of harassment or similar conduct by the Complainant in the fact of such knowledge.”); see also Labrada Bodybuilding Nutrition, Inc. v. Glisson, FA 250232 (Nat. Arb. Forum May 28, 2004) (finding that complainant engaged in reverse domain name hijacking where it used “the Policy as a tool to simply wrest the disputed domain name in spite of its knowledge that the Complainant was not entitled to that name and hence had no colorable claim under the Policy”).

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED. The Panel further finds that Complainant engaged in Reverse Domain Name Hijacking."

Case #35 adjudicate.org.au The Complainant is Adjudicate Today Pty Limited of Mona Vale, New South Wales, Australia represented by Moray & Agnew, Australia. The domain, adjudicate.org.au. Futureworld Consultancy (Pty) Limited v. Online Advice, WIPO Case No. D2003-0297 states that a finding of Reverse Domain Name Hijacking may be made if the Complainant “knew or should have known at the time it filed the Complaint that it could not prove that the domain name was registered or used in bad faith”. Given that the Complainant would have been aware that the Respondent had a more than negligible adjudication business in Australia at the time the Complaint was filed, the Panel is of the opinion that the Complainant knew or should have known that it could not prove that the disputed domain name was registered in bad faith. Therefore, the Panel finds that this is an instance of Reverse Domain Name Hijacking. 

Case #36 Joopa.com Complainant is Edward Smith (“Complainant”), represented by Kuscha Abhyanker of Raj Abhyanker P.C., California, USA.  “the Complainant filed its trademark application shortly after it was unable to acquire the Disputed Domain Name from the Respondent on acceptable terms. "The panel finds that failing in this effort, the Complainant undertook to use the Policy to acquire the Disputed Domain Name.” “The panel finds that the Complaint has attempted reverse domain name hijacking in violation of the Rules.”

Case #37 PoliceAuction.com Complainant is Vortal Group, Inc. (“Complainant”), represented by Roger N. Behle Jr., of Behle Law Corporation, 575 Anton Boulevard, Suite 710, Costa Mesa, CA 92626. "Moreover, the Panel finds that filing a UDRP proceeding - which on its face can be qualified as frivolous - without any basis to do so should be construed in the present case as harassing. Here, Complainant admitted it knew that the domain name was registered prior to its using the at-issue mark in commerce. When, as in the present case, Complainant is unable to show trademark rights through use or otherwise which predate registration of the at-issue domain name, then it becomes impossible for it to prevail. In the case before the Panel, there is no way that Complainant could have reasonably expected to prevail and its counsel should have known better." Vortal Group, Inc. is a convicted Reverse Domain Name Hijacker and "counsel should have known better"

My hope is this is the last RDNH case I will ever have to post. The reality is this post will be re-posted EVERY SINGLE TIME there is a case of RDNH. Every time and now maybe some value based companies will think twice before flirting with this tactic and come to the bargaining table un good faith instead of being labeled forever with bad faith. The net is written in INK!

THOU SHALT NOT STEAL! Stop trying to steal and start doing BUSINESS! Feel free to repost FAR and WIDE!

Rick Schwartz 

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