Archive for February 2015

HomeAway Files UDRP On 36K Most Visited Site On The Internet (Alexa)

WEDSDAY,11 February 2015   THE DOMAINS

According to the news from 1(1)on February 11th, HomeAway, Inc. has just filed a UDRP on the domain name

As a domain it’s about as generic as you can get.

However is not just a domain name,  it’s a website ranked by Alexa as the 36,000 most visited website on the Internet.

The site boasts that they have over 60,000 properties listed in 80 countries.

Here is some more information about from its site:

“”Founded in 2010 and based in Victoria Avenue London, UK, continues to dominate the holiday rental marketplace by connecting visitors with property owners and managers, offering spectacular range of state of the art amenities, incredible comfort and excellent services.

With over 60,000 holiday rental properties, hundreds and thousands of guests book the best holiday homes via in the hope of not only reaping some exciting offers and lucrative discounts, but to enjoy the freedom, space and comfort. The website also offers excellent deals, simple and cost effective method to list their property and has special discounts on festivals and other well known events.

In addition, Holiday Rentals allows people to discover, book and list unique properties from mobile phone around the world. The site is very user-friendly and easy to navigate. Whether you are on the lookout of an apartment for a week or a luxury villa for a night, Holiday Rentals gives you an advantage of booking the best properties direct with the home owners.

Customer satisfaction is the main motto of this popular website. It has a 24/7 online customer service that provides world class service.

Plan incredible Europe holidays with and cherish it throughout your life!””” says it’s the “#1 source for vacation rentals” and doesn’t even use the word “holiday” on the front page of its site. is the 2K most visited site according to

There is a trademark for the term Holiday-Rentals granted in 2010 by a Vacation Villas International GmbH.

1st Day New gTLD Totals: .Work 3,833; .Casa 1,235; .LGBT 404

WEDSDAY,11 February 2015   THE DOMAINS

According to the news from Domain Forum of China on February 11th,three new gTLD’s had their first day of general availability yesterday and here are the number of domains registered under each extension after the first day according to

.Work 3,833

.Casa 1,235

.LGBT 404

Minds + Machines is the registry for .Work and .Casa.

.LGBT registry is Afilias.

Today Wednesday two more new gTLD’s go into General Availability, .Delivery and .Energy.

As of publication .Energy has 308 registrations through Sunrise and the Early Access Program, and .Delivery.

My company Worldwide Media, Inc. registered these .energy and delivery domains during the EAP:

We registered these two .delivery domains: Covers Gary Millin of “The Man Squatting on Millions of Dollars Worth of Domains”

TUESDAY,10 February 2015   THE DOMAINS
According to the news from Domain.cn1(1) on February 10th, just did a story of about Gary Millin of who has one of the great domain name Portfolio’s in the world.

Unfortunately the author of the story, Jason Koebler chose to go with the “S” word to describe the amazing portfolio of assets they have put together (“Squatting”) rather using the proper term Domain Investor.

World Media Group, LLC is the owner of such amazing domain names as,,, and to name a few (you can see the chart at the top of the story for some others they own or have leased out).

“Having already sold,, and for a couple million bucks, Millin realized that there was a lot of money to be made in the domain name game. In 2007, he started World Accelerator, which is where things get a bit weird.

“You can no longer buy a domain name from Millin. Instead, he will work with your company (or your idea for a company) to build out a product, then he’ll lease or lend you one of his domain names in exchange for partial ownership. In some cases, he says that companies will buy the domain name entirely, but only once they’ve become successful businesses.”

“for the last 21 years, Gary Millin and his colleagues at ​World Accelerator have been slowly accumulating a veritable treasure trove of seemingly premium “generic” domain names. For instance, Millin owns, has sold, or has bartered away,,,,,,, and more than 1,000 other d​omain names that can be yours (including, which he owns), as long as you’ve got the startup idea to back it up.”

Millin is quoted as saying:

“”A lot of times, a strong dot com domain is a great brand, even before a business is even built,” he said. “We have these underutilized assets, and we want people to use them. It’s like, we have a giant parking lot on Madison Avenue. It hasn’t been developed, but it’s there. You match the right team and the right idea, and then you have this brand to accelerate its growth.””

Instead of a rags to riches story or a story about a visionary who saw things years before others did as you would find about any other industry, the story still carries that negative taint of cybersquatting. Saved In UDRP Against Societe du Figaro, Which Publishes a Daily Newspaper

TUESDAY,10 February 2015   THE DOMAINS
According to the news from 1(1)on February 10th,a one member World Intellectual Property Organization (WIPO) panel of Christopher J. Pibus has denied the attempt of the Societe du Figaro S.A. of Paris, France, to grab the domain name

The domain name is owned by Cognac Inc., Juan Hervada of Florida.

It’s an interesting case because the term “Figaro” is heavily trademarked by the Complainant, Societe du Figaro, which has has been publishing a daily newspaper under the historic name LE FIGARO in France since the 1800’s.

The Complainant owns several trademark registrations, including:

LE FIGARO – U.S. Trademark Registration No. 0571473 dated March 10, 1953;

FIGARO – International Trademark Registration No. 609499 dated September 29, 1993;

FIGARO – International Trademark Registration No. 677937 dated July 7, 1997;

FIGARO – French Trademark Registration No. 93472294 dated June 15, 1993;

FIGARO – French Trademark Registration No. 9766372 dated February 28, 1997;

LE FIGARO – French Trademark Registration No. 1447624 dated May 5, 1987;

LE FIGARO – French Trademark Registration No. 95594725 dated October 27, 1995.

The Complainant also owns several domain name registrations, including the following:

The Respondent is identified as Cognac Inc. and Juan Hervada. The disputed domain name  was registered on May 20, 2014, and at the time the Complaint was filed, it reverted to a website that was under construction.

The individual Respondent, Juan Hervada is a journalist, who has worked in France, the U.S. and other countries.

The Respondent submits that the Complainant does not have exclusive rights to the word “Figaro”, since it is the name of a well-known literary or fictional character which originated with Beaumarchais.

The Respondent points to 67 records in the United States Trademarks Office for the trademark FIGARO, which do not belong to the Complainant, covering a variety of wares and services from cigars, to gaming machines, medical devices and telecommunication services. They include the following marks:

FIGARO – Serial No. 86102486;

FIGARO – Serial No. 85967200;

FIGARO – Serial No. 85644596;

FIGARO – Serial No. 79081173;

FIGARO – Serial No. 79075876;

FIGARO – Serial No. 78601890;

FIGARO – Serial No. 78504688;

FIGARO – Serial No. 78264747;

FIGARO – Serial No. 77238804;

FIGARO – Serial No. 75670805.

The Respondent also notes that the Complainant does not own the following domain names:>

The Respondent also contends that he does have a legitimate interest and right to the disputed domain name.

The Respondent and his fellow club members were associated with a particular café in New York City dating back to the 1960’s, which operated under the names Le Figaro Café, and Figaro Café. The Figaro Café was located in the West Greenwich Village at the intersection of McDougal St. and Bleecker St..

The Respondent moved to New York City as a correspondent for Spain’s “Zeta” media group in the mid-1970’s. The Figaro Café became a meeting place for him and his friends, and a place where he could conduct interviews for his employment.

The Respondent states that in 2008 the Figaro Café went out of business and the Respondent thereafter conceived of a virtual Figaro Café for members from various countries who could continue to discuss cultural issues through the Internet. Respondent claims to have created a non-profit foundation to operate a website under the Figaro Club name.

The Respondent contends that the exhibits submitted by the Complainant which purport to show the Respondent’s website are merely test pages that the Figaro Club was using to determine what software platform would be utilized in association with the website. The text in the pages is comprised of meaningless Latin phrases commonly adopted for typesetting purposes as dummy text called “Lorem Ipsum”. These phrases do not show that the real content of the website was or will necessarily be news-related.

The Respondent submits that he has not registered and is not using the disputed domain name for the purpose of renting, selling or otherwise transferring the domain name to the Complainant or a competitor of the Complainant for monetary gain. The disputed domain name was not registered to prevent the Complainant from registering the  domain name, or to mislead Internet users away from the Complainant’s website. The Respondent has not registered the disputed domain name for purposes of monetary gain, and denies any intentional attempt to cause confusion. The Respondent submits that he has registered and is using the disputed domain for the purpose of creating an online platform for a community of people to gather to exchange ideas, culture, art and events, all for non-profit purposes, related to their historic connection to the Figaro Café. Respondent also produces a sample page of by-laws which recite the non-profit purposes for his Figaro Club organization.

6. Discussion and Findings

The Panel finds that the Complainant does have registered trademark rights in the mark FIGARO by virtue of its Trademark Registrations, including those listed in paragraph 4 of this decision.

The Panel further finds that the domain name  is confusingly similar to the Complainant’s registered trademark FIGARO. The addition of the TLD “.club” does not serve to distinguish the disputed domain name from the Complainant’s registered trademark.

Accordingly, the Panel finds that the Complainant has satisfied the requirement under paragraph 4(a) of the Policy.

B. Rights or Legitimate Interests

The Panel is prepared to find that the Complainant does have a substantial reputation in and to the registered trademark FIGARO in association with newspaper and publication services. The Panel also finds that the Respondent was aware of the LE FIGARO newspaper, and that the Complainant owned the FIGARO trademark. Based on the test pages from the Respondent’s website which were accessible, it is also understandable why Complainant would apprehend Respondent’s activities as a potential threat to its core business.

However, Respondent has provided a detailed explanation of his historical association with the New York restaurant called the Figaro Café, and of his current activities with the Figaro Club which was named as a result of that association. He has provided some evidence of the non-profit nature of his activities (in the form of Article II from the by-laws of The Figaro Club Inc.). He has also explained that the webpages challenged by the Complainant were only test pages, and were not indicators of the ultimate content or format to be adopted by The Figaro Club.

In a fully contested proceeding which permitted cross-examination and reply evidence, the Respondent’s explanation could possibly be challenged.

Under the Policy, that sort of full-scale litigation process is not available, as the Panel can only receive and review evidence in a summary procedure that does not readily lend itself to an indepth investigation of contested facts. Within the framework of the Policy, the Respondent has raised sufficient facts to lay claim to a legitimate interest in the domain name in question. This finding by the Panel is not intended to be a comprehensive approval of the Respondent’s explanation, which the parties may choose to test in a different forum with a different set of procedures. However, for the purposes of this proceeding, the Respondent has succeeded in preventing the Complainant from establishing the absence of legitimate interests.

Accordingly, the Panel finds that the Complainant has not satisfied the requirement under paragraph 4(b) of the Policy.

C. Registered and Used in Bad Faith

In view of the findings in Paragraph 6(B), under Rights and Legitimate Interests, the Panel will not proceed to make a finding with respect to Bad Faith.

Architelos Reports New gTLD’s Have 1/4 of the Level Of Abuse Found In Legacy Extensions, But…

TUESDAY,10 February 2015   THE DOMAINS
According to the news from 1(1)on February 10th,, a issued today a report on the state of domain name abuse in new generic top-level domains (gTLDs) space  in 2014, the first full year when many new gTLDs were launched and operated.

This report focuses on the detection of domain abuse (spam, phishing, malware) as monitored by the Architelos NameSentrySM service, and not the efficacy of their abuse mitigation efforts. is the developer of the NameSentry system, which continuously monitors the entire Internet (legacy gTLDs, IDNs, ccTLD and new gTLDs) and this report presents market statistics based upon that information.Here are the findings:
◾As of the end of 2014, new gTLDs had approximately 1/4 the level of abuse found in established of legacy gTLDs.
◾New gTLDs as a whole, have not resulted in disproportionate levels of abuse when compared to legacy gTLDs.
◾In 2014, 157 new gTLDs had one or more abusive domains on block lists which represents roughly 50% of all new gTLDs launched in 2014.
◾The first abusive domain was spam and detected in February 2014.
◾The first phishing domain was detected in May 2014.
◾The first malware domain was detected in September 2014.
◾New gTLD domains listed for abuse grew 600% in 4th quarter of 2014.



Architelos, says that Approximately 50% of all new gTLDs have had one or more domains listed for abuse, with 99% being spam.

The sequence of abuse follows an expected pattern where spam is the first to enter, followed by phishing and malware later once the TLDs are more established.

Abusive domains were being registered slowly across approximately 20-25% of TLDs in general availability for the first six months of 2014.

However, in August the number of gTLDs having domains listed for abuse significantly increased from 50 to over 100, resulting in over 50% of gTLDs in General Availability, to have a domain listed for abuse in NameSentry.

The 50% level of abuse penetration has remained fairly constant through the fourth quarter of 2014.



The month of August experienced a nearly 400% increase in the number of spam listings, from 1,163 in July to 4,179 in August. These are domains advertised in the bodies of spam emails, and are destinations advertised by spammers. Spammers tend to consume large batches of domains, discarding domains as they are added to blocklists, and then moving on to use new domains for the next round of spamming.



Lets look at how new gTLDs compare in aggregate to legacy gTLDs.

To compare TLDs of varying size, Architelos has created the Namespace Quality Index (NQI). The NQI index is modeled after the air quality and water quality indexes that both use a parts per million metric. The Internet has become a ubiquitous utility, much like clean air and clean water, and thus should have a similar quality metric. We instituted the Namespace Quality Index over 18 months ago, and have published several reports already utilizing the NQI metric.

We set the goal for excellent Namespace quality to be 99.9% or less than 100 abuses per million DUM. From there, the levels increase along a logarithmic scale.



Legacy gTLDs are the 22 TLDs that include: .com, .net, .org,.gov, .edu and others.

Country code TLDs (ccTLDs) are excluded from this comparison.

Legacy gTLDs have an aggregate Namespace Quality Index score of 11,951 abuses per million domain names for a Red or “At Risk” rating in December 2014. In other words, about 1.2% of all domain names in legacy gTLDs are reported as abusive.

Legacy gTLDs have over 1.85M abusive domains listed on blocklists, from over 155M total domains as of year end 2014.

In comparison, new gTLDs had just over 12,000 abusive domains listed on blocklists from over 3.7M total domains during the same period.

This results in a new gTLD Namespace Quality Index (NQI) rating of 3,241 abuses per million domains or about 0.3% of all new gTLD domains.

Currently, new gTLDs have approximately 1/4 the level of abuse that is found in legacy gTLDs.

The level of abuse in new gTLDs scores in the “Orange” zone of Architelos’ Namespace Quality Index. We have classified Orange as “Caution” as it means that between 1,001 – 10,000 abuses per million domains exist in the TLDs. Note: this is after less than one year of operation for most of the new gTLDs.

Architelos, has some disclaimers at the end of the report;  the mere presence of abuse in a top-level domain in no way indicates mismanagement by the registry operator.

Several factors can influence the presence or absence of abuse including pricing, registration policies and location of registrant.

New gTLD registry operators have different business models, and employ different abuse mitigation processes and systems.

However we have some issues with the report:

For one, not all of the new gTLD registered domains are registered by third parties.

We noted out of the 3.6 million new gTLD domain names registered at the end of 2014, a few hundred thousand were owned by the registry or those related to the registry and obviously those are not going to be used for malicious purposes.

Secondly, not to belabor the point, but we know around 370K .XYZ were placed into the accounts of Network Solutions customers and many may not be aware they even own the domains.  Certainly spammers and other malicious users of domains register domains for such purposes and those domains really should not be counted in the number of total domains names especially when the pool is as small as 3.6 Million.

We know that people who are realtors were given a .realtor domain which represents around 85,000 of the 3.6 million.

I think the biggest problem with the report is that although it purports to represent the entire year of  2014, the first new gTLD’s didn’t even go live until February and according to Architelos own report the amount of abusive domains rose 400% in August when there were older new gTLD’s, more gTLD’s and heavy discounting of many new gTLD’s to the point they were selling for around $1.

Likewise, which has been keeping track of fraudulent domains had only around 2,500 domains marked as fraudulent as of December 31, but as of today has over 8,000.

Still 8,000 domains out of 4 million is not a huge problem.

I would love to know the number of .TK domain names out of the 25 million or so registered would be marked as abusive.

This is another issue in my opinion, like renewal rates,  we are not going to know much until after this year is over. Sues, Sold By FMA For TM Infringement & Seeks Transfer of Domain

TUESDAY,10 February 2015   THE DOMAINS

According to the news from Domain.cn1(1) on February 10th,in a pretty unusual case, Directors Advantage, Inc., of Clinton NC, owner of the domain name filed a federal lawsuit yesterday against, for cybersquatting under the Federal Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), “stemming from wide-ranging aggressive, unethical, and unlawful sales practices and bad faith actions of the registrant of CREMATIONS.COM seeking transfer of the Defendant domain name.”

In the Complaint the owner of alleges that the domain “is registered in the name of “VRE Group Ltd.” of “46 Peel Street, Hull, Great Britain HU31QR.”

Upon information and belief, and based upon Directors Advantage’s research and due diligence, there is no active registered company in the United Kingdom under the name “VRE Group Ltd.

The domain was owned by Future Media Architects, Inc (FMA)., so those in the domain business knows that the domain didn’t sell cheap and maybe surprised to find out that the domain sold at all as FMA had a long policy of not selling any domain names.

However it looks like they did sell the domain name in January 2014 to Start Up Consultants, LLC a/k/a City Advertising, LLC of Delray Beach, Florida which was one of only 11 companies in the entire state to receive the ‘Governor’s Innovators Under 40 Award’, in 2012, which recognizes Florida residents under 40 who own or lead a Florida company with annual revenue of $1M or more and who have created at least 10 jobs since January 2011.

It looks like the domain was transferred to the VRE Group, LTD at the end of October 2014. and both appear to be a listing type of site for those in the cremation business.

The company that owns alleged “it has owned the domain name and trademark since 2000 and that “over the last few years alone, Directors Advantage’s CREMAT10N.COM site and service has received over 500,000 visitors who have conducted over 1,000,000 searches for products and services.”

However my check of the USPTO only found a recent registration for which was filed on July 23, 2013 and granted on May 20, 2014.

Moreover the trademark appears to be on the design of the logo and the company specifically stated in its trademark application that “NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “CREMATION.COM” APART FROM THE MARK AS SHOWN”.

The owner of alleged ince the registrant of the domain VRE Group, LTD was not registered in the UK, they are asking the court for “in rem jurisdiction over the Defendant domain name pursuant to 15 U.S.C. § i 125(d)(2)(A). in rem jurisdiction is appropriate under 15 U.S.C. § 1125(d)(2)(A)(i)(I) because the registration for the Defendant domain name appears to identify a fictitious entity and therefore the true identity of the registrant cannot be determined.”

“Alternatively, in rem jurisdiction is also appropriate under 15 U.S.C. § 1125(d)(2)(A)(i)(II) because the registration for the Defendant domain name identifies an entity that is purportedly located in the United Kingdom and therefore Directors Advantage cannot obtain in personal jurisdiction over a person who would have been a defendant in a civil action under 15 U.S.C. § 1125(d)(1)(A).”

The suit was filed in the Federal District Court for the Eastern District of Virgina, Alexandria Division

The suit goes on to allege that:

“The registrant ofCREMATIONS.COM and/or its agents or representatives have engaged in a wide range of aggressive, unethical, and unlawful sales practices while soliciting potential customers to pay foradvertisements on CREMATIONS.COM. Among other things, these practices include the following:

“The registrant of CREMATIONS.COM and/or its agents or representatives have misrepresented to potential customers that the sales solicitations were being made on behalf of Directors Advantage’s legitimate CREMATION.COM site as opposed to CREMATIONS.COM.”

The registrant of CREMAT10NS.COM and/or its agents or representatives have fraudulently requested and accepted payments for advertisements on Directors Advantage’s legitimate CREMATION.COM site when in fact such persons have no affiliation with Directors Advantage or CREMATlON.COM.

“The registrant of Cremations.Com and/or its agents or representatives have engaged in sales tactics such as swearing at potential customers after advising and/or implying that they were acting on behalf of on Directors Advantage’s legitimate CREMATION.COM site.

“The registrant of CREMATIONS.COM and/or its agents or representatives have misrepresented to potential customers that Directors Advantage’s legitimate CREMATION.COM site was going out of business.”

“The registrant of CREMATIONS.COM and/or its agents or representatives have purchased the CREMAT10N.COM trademark as a search engine keyword though Google so that a Google search for CREMATION.COM will result in display of a hyperlinked advertisement for Defendant CREMATIONS.COM.”

“The actions of the registrant of CREMATIONS.COM and/or its agents or representatives have resulted in actual confusion and deception in the marketplace in that Directors Advantage has received numerous inquiries from consumers who mistakenly believe that there is some affiliation between Directors Advantage and Defendant CREMATIONS.COM and/or who mistakenly believe that they have purchased services from Directors Advantage”

The owner of is asking the court for to order the be transferred to Directors
Advantage by directing VeriSign, Inc. to change the registrar of the CREMATIONS.COM domain name from Moniker Online Services LLC to, LLC and directing, LLC to change the registrant of the domain name to Directors Advantage; that any other domain names registered by the registrant of the Defendant domain name that resemble or include the CREMATION.COM mark be transferred to Directors Advantage and the Court order an award of costs and reasonable attorney’s fees.

Vertical Axis Hit With UDRP on Three Letter .Com

TUESDAY,10 February 2015   THE DOMAINS
According to the news from 1(1)on February 10th,Vertical Axis has just been Hit With a UDRP on Three Letter .Com domain name

The domain has been owned by the company since at least 2007.

When it comes to trademarks filed in the USPTO there is no shortage for NAE

National Automotive Experts, L.L.C. filed in 2014.

National Association Of Evangelicals filed in 1952 and then again in 2010

National Apartment Exchange filed in 2007


The parked page is very generic and does not target any of those trademark holders.

Hopefully it will be another Reverse Domain Name Hijacking finding for, which represents the company.

Former AFRINIC CEO Adiel Akplogan joins ICANN to Aid Global Outreach

MONDAY,9 February 2015   THE DOMAINS

According to the news from 1(1)on February 9th,ICANN has selected the  former  CEO of AFRINIC (Africa’s Regional Internet Registry) Adiel Akplogan as its vice president for technical engagement, a newly created role expected to deepen the organization’s efforts to improve its international presence and participation.

Akplogan headed AFRINIC, from its creation in 2005.

His role as AFRINIC CEO ended at the end of last month, and he is expected to start work at ICANN  on March 1st and will be  based in Montreal, Canada.

Akplogan has been active within ICANN’s technical bodies. In his role as AFRINIC CEO, Akplogan was instrumental in the formation of the region’s technical bodies, such as the Africa Network Operators Group (AfNOG), the African ccTLD Organization (AfTLD), AfricaCERT and the Africa Internet Summit (AIS).

Google: Become mobile friendly, or else…

FRIDAY,6 February 2015   THE DOMAINS

According to the news from 1(1)on February 6th,Google sends warnings to website owners.

Google has a message for you: it’s time to make your website mobile friendly or suffer the consequences.

The search giant has started sending notices out to Webmaster Tools users notifying them if their site doesn’t work well on mobile resolutions.

The emails warn that “These pages will not be seen as mobile-friendly by Google Search, and will therefore be displayed and ranked appropriately for smartphone users.”

In other words, if your site doesn’t work well on a smartphone, it won’t rank as well when people search Google on their smart phone.

Given the shift to mobile browsing, this is kind of a big deal for website owners.

8.2 million .com/.net registrations in Q4

FRIDAY,6 February 2015 THE DOMAINS

According to the news from 1(1)February 6th,Verisign reports Q4 results. Verisign reported earnings for the 4th quarter of 2014 today. 8.2 million .com/.net domain names were registered in the quarter, the same as in the 4th quarter of 2013. When you take out deletions, the combined zones grew by 0.59 million names in the quarter. In the 3rd quarter of 2014, Verisign handled 8.7 million new registrations. The 4th quarter was obviously down from that, but the 3rd quarter was a record one for it. Verisign ended the year with 130.6 million .com and .net domain names in the domain name base, which represents a 2.7 percent increase over the base at the end of the fourth quarter in 2013. New domain name registrations flat-lined in 2014: Verisign processed 34 million new domain name registrations, the same as in 2013. I suspect poor results in .net had a lot to do with that.