Archive for April 2015

150 Sedo Direct Auctions started on first day

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,Domain name owners jump on Sedo’s new Direct Auction option.

Apparently there’s quite a bit of demand to start an auction on the Sedo marketplace.

Sedo’s new Direct Auction, which lets anyone start a domain name auction, had 150 orders on launch day yesterday.

You can see many of the domains on Sedo’s Marketplace Auctions page. There’s no clear delineation between Direct auctions and others, but the scheduled auctions and some of the auctions with six days left include many owner-initiated auctions.

Now the challenge is for the added exposure and auction format to result in sales. Given the $59 listing fee, I suspect that quality and sell-through rates will be self-correcting. If people list poor quality domains that don’t sell, they’ll stop paying $59 to list their domains. Only better domains at better prices will be listed in the long run. I’m not sure how long that is, though.

This is an interesting new offering and I will keep a close eye on it.

Addiction.com launches after domain name sold last year

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,Rehab company launches site at great domain Addiction.com.
Addiction.com
Addiction.com sold last year and was recently launched.
Elements Behavioral Health recently launched the site Addiction.com, and the company’s comments about the high cost of the domain name should be reassuring to domain name investors.

Vera Appleyard, Elements Behavioral Health’s chief internet and media officer, told publication Behavioral Health that the domain name was very expensive but the organization considered the expense part of a “long-term capital investment”.

The company has a number of addiction treatment centers, but Addiction.com will be a general information site. The whois record for Addiction.com shows that the company also owns Promises.com.

DomainHoldings brokered the sale of Addiction.com last year. The domain name was owned by Scott Day’s Digimedia.

ICANN Gives Go Ahead To Hotels/.Hoteis Contention Set In Denying Booking.com Reconsideration Request

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,the ICANN Board has rejected Booking.com request for reconsideration and thereby is allowing the Contention set of Hotels/.Hoteis to move forward to being resolved.

Basically the ICANN Board is saying sorry Booking.com we will try to do better in the next round, and fix the problems that the Independent Review Proceeding (IRP) admitted were present in the Applicant Guidebook

“The ICANN Board directs the President and CEO, or his designee(s), to ensure that the ongoing reviews of the New gTLD Program take into consideration the following issues raised by the Panel in the Final Declaration regarding transparency and fairness:
◾“The Guidebook provides no means for applicants to provide evidence or make submissions to the SSP (or any other ICANN body) and to be fully “heard” on the substantive question of the similarity of their applied-for gTLD strings to others”

Booking.com must be thrilled.

By way of background:

Booking.com filed a request for an Independent Review Proceeding (IRP) challenging the ICANN Board’s handling of Booking.com’s application for .hotels, including the determination of the String Similarity Panel (SSP) to place .hotels and .hoteis in contention and the refusal of the Board to revise that determination. Booking.com also challenged the conduct of the Board in the setting up, implementation, and supervision and review of the entire string similarity review process. On 3 March 2015, the IRP Panel (Panel), comprised of three Panelists, issued its Final Declaration. After consideration and discussion, pursuant to Article IV, Section 3.21 of the ICANN Bylaws, the Board adopts the findings of the Panel, which are summarized below, and can be found in full at https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf [PDF, 4.76 MB].

The Panel found that it was charged with “objectively” determining, whether or not the Board’s actions are in fact consistent with the Articles, Bylaws, and Guidebook, thereby requiring that the Board’s conduct be appraised independently, and without any presumption of correctness. The Panel agreed with ICANN that in determining the consistency of the Board action with the Articles, Bylaws, and Guidebook, the Panel is neither asked to, nor allowed to, substitute its judgment for that of the Board.

Using the applicable standard of review, the Panel found that objectively there was not an inconsistency with the Articles, Bylaws and Guidebook, noting that “the established process was followed in all respects” concerning the process followed by the String Similarity Panel and the BGC’s [Board Governance Committee] handling of Booking.com’s reconsideration request.” (Final Declaration, https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf [PDF, 4.76 MB], at p. 41.)

Specifically, the Panel concluded:
144. Booking.com has failed to identify any instance of Board action or inaction, including any action or inaction of ICANN staff or a third party (such as ICC, acting as the SSP) that could be considered to be inconsistent with ICANN‘s Articles of Incorporation or Bylaws or with the policies and procedures established in the Guidebook. This includes the challenged actions of the Board (or any staff or third party) in relation to what Booking.com calls the implementation and supervision of the string similarity review process generally, as well as the challenged actions of the Board (or any staff or third party) in relation to the string similarity review of .hotels in particular.

145. More particularly, the Panel finds that the string similarity review performed in the case of .hotels was not inconsistent with the Articles or Bylaws or with what Booking.com refers to as the “applicable rules” as set out in the Guidebook.

146. To the extent that the Board’s adoption and implementation of specific elements of the new gTLD Program and Guidebook, including the string similarity review process, could potentially be said to be inconsistent with the principles of transparency or fairness that underlie ICANN‘s Articles and Incorporation and Bylaws (which the Panel does not say is the case), the time to challenge such action has long since passed.

Accordingly, the Panel declared ICANN to be the prevailing party.

The Panel acknowledged certain legitimate concerns regarding the string similarity review process raised by Booking.com, which concerns the Panel noted were shared by some members of the NGPC. Most notably, the IRP Panel noted that while the String Similarity Review Process, as it exists does not allow for some procedural appeal mechanism, “[a]s to whether they should be, it is not our place to express an opinion, though we note that such additional mechanisms surely would be consistent with the principles of transparency and fairness.”

The Board appreciates the IRP Panel comments with respect to ways in which the New gTLD Program processes might improve in future rounds. ICANN will take the lessons learned from this IRP and apply it towards its ongoing assessments of the ways in which it can improve upon its commitments to accountability and transparency. In particular, the Board will include the following concerns expressed by the Panel in its review of the New gTLD Program for the next round:
◾“The Guidebook provides no means for applicants to provide evidence or make submissions to the SSP (or any other ICANN body) and to be fully “heard” on the substantive question of the similarity of their applied-for gTLD strings to others.”
◾“[T]he process as it exists does [n]ot provide for gTLD applicants to benefit from the sort of procedural mechanisms – for example, to inform the SSP’s review, to receive reasoned determinations from the SSP, or to appeal the merits of those determinations.

Consideration of Independent Review Panel’s Final Declaration in Booking.com v. ICANN

Whereas, on 3 March 2015, an Independent Review Panel (“Panel”) issued an advisory Final Declaration in the Independent Review proceeding (“IRP”) filed by Booking.com (the “Final Declaration”).

Whereas, Booking.com specifically challenged the determination of the String Similarity Panel (“SSP”) to place .hotels and .hoteis in contention and the refusal of the Board to revise that determination, as well as the conduct of the Board in adopting and implementing the entire string similarity review process.

Whereas, the Panel denied Booking.com’s IRP request because the Panel determined that “Booking.com failed to identify any instance of Board action or inaction or ICANN staff or a third party (such as the ICC, acting as SSP), that could be considered to be inconsistent with ICANN‘s Articles of Incorporation or Bylaws or with the policies and procedures established in the Guidebook.” (https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf [PDF, 4.76 MB].)

Whereas, while ruling in ICANN‘s favor, the Panel expressed sympathy for Booking.com insofar as the IRP Panel suggests that there could be future improvements to the transparency of processes developed within the New gTLD Program, and the Board appreciates the IRP Panel comments with respect to ways in which the New gTLD Program processes might improve in future rounds.

Whereas, in accordance with Article IV, section 3.21 of ICANN‘s Bylaws, the Board has considered the Panel’s Final Declaration.

Resolved (2015.04.26.14), the Board accepts the following findings of the Independent Review Panel’s Final Declaration that:

(1) Booking.com has failed to identify any instance of Board action or inaction, or any action or inaction of ICANN staff or any third party (such as the ICC, acting as SSP), that could be considered to be inconsistent with ICANN‘s Articles of Incorporation or Bylaws or with the policies and procedures established in the Guidebook, including the challenged actions of the Board (or any staff or third party) in relation to what Booking.com calls the implementation and supervision of the string similarity review process generally, as well as the challenged actions of the Board (or any staff or third party) in relation to the string similarity review of resulting in the placement of .hotels and .hoteis in contention;

(2) the string similarity review performed in the case of .hotels was not inconsistent with ICANN‘s Articles of Incorporation or Bylaws or with the policies and procedures established in the Guidebook;

(3) the time to challenge the Board’s adoption and implementation of specific elements of the New gTLD Program, including the string similarity review process has long since passed; and (4) each party shall bear its own IRP costs.

Resolved (2015.04.26.15), the Board directs the President and CEO, or his designee(s), to move forward with processing of the .hotels/.hoteis contention set.

Resolved (2015.04.26.16), the Board directs the President and CEO, or his designee(s), to ensure that the ongoing reviews of the New gTLD Program take into consideration the following issues raised by the Panel in the Final Declaration regarding transparency and fairness:
◾“The Guidebook provides no means for applicants to provide evidence or make submissions to the SSP (or any other ICANN body) and to be fully “heard” on the substantive question of the similarity of their applied-for gTLD strings to others.”

“[T]he process as it exists does [not] provide for

gTLD applicants to benefit from the sort of procedural mechanisms – for example, to inform the SSP’s review, to receive reasoned determinations from the SSP, or to appeal the merits of those determinations.”

Godaddy Ends Sponsorship Deal With Danica Patrick No. 10 Team After 2015 Season

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,GoDaddy will no longer sponsor Danica Patrick, No. 10 team following the 2015 season, however she will remain a Godaddy spokeswoman.

But after the 2015 season we won’t be seeing Danica in the Godaddy Green car

SBNation reports:

“The move comes as Patrick is in the final season of her contract with SHR, though both sides have openly said they would like to sign an extension. In recent years GoDaddy, an Internet domain registrar and web hosting company, has shifted its marketing initiatives away from Patrick and more towards small businesses and companies with a global reach.”

Phil Bienert, GoDaddy Chief Marketing Officer is quoted as saying:

“We love Danica and all she does to empower and inspire people, especially women, which is why we are working to keep her in the GoDaddy family, we have the utmost respect for Stewart-Haas Racing, and they’ve been phenomenal partners. In fact, NASCAR has been a tremendous domestic platform to help us achieve an 81 percent aided brand awareness domestically, but at this stage, we need a range of marketing assets that reach a more globally-diverse set of customers. The fact Danica is having a record-setting season makes it tough to leave this motorsports sponsorship, without a doubt.”

Danica Patrick is quoted as saying

“GoDaddy has been an incredible partner for a very long time and our brands have really grown up together, it’s pretty cool, from a marketing perspective, that we helped GoDaddy build such strong brand awareness here in the U.S. I’m excited to work with GoDaddy on a personal level moving forward, but will miss having their bright green color on my racecar next year. At the same time, this is a new opportunity for a brand to pair with me and Stewart-Haas Racing and achieve the kind of growth we experienced with GoDaddy.”

.Fit Launches Today: Here’s Our Picks For The Best Domains But They Are Not Cheap

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,the new gTLD .Fit is launching into general availability today and thought I would let you know my top picks because I won’t be registering any of them.

.Fit seems to be a limited extension when it comes to natural terms as Fit is falling on the wrong side of the dot.

However I did find some good domain names that are naturals,with .Fit,  the problem is they are pricey in my opinion.

I did check out the Sunrise registrations for .Fit and found only 76.

One of the best trademark terms would have been Honda.Fit since it’s a popular car model, but I didn’t see a Sunrise registration for it, but maybe Honda is planning on picking it up as soon as GA opens.

For the record there is already a .Fitness which is a Donuts extension and it has over 5,600 registrations.

Here are my picks are the best available domains with the registration and renewal pricing at Name.com

Right.fit $6,250.00 (Rightfit.com sold for $50K in 2007)

The.fit $6,250.00 (We sold TheFit.com for $31K in 2011)

Super.fit $3,125.00

Physically.fit $1,250.00

Your.fit $625.00

Perfect.fit $3,125.00

Great.fit $1,250.00

Getting.fit $1,250.00

Extra.fit $625.00

Slim.fit $3,125.00

Were.fit $1,250.00

Too.fit $3,125.00

Game.fit $3,125.00

Here are some domains that are not available as they appear reserved (although 101domain.com has them listed at $75K per year)

Get.fit

You.fit

Keep.fit

Keeping.fit

Home.fit

Body.fit

Bodybuilding.fit

GetYourself.fit

Workout.fit

Exercise.fit

Cross.fit

Run.fit

Out.fit

Pro.fit

Bene.fit

Retro.fit

We will let you know tomorrow how many registrations Minds + Machines who owns the .Fit registry gets and what domains get registered.

Minds + Machines did announce today that Arnold Sports Festival, one of the many inspiring organizations associated with Arnold Schwarzenegger – the international film-star and seven-time Mr. Olympia winner – has taken several .fit domains names, including Arnold.fit and Arnoldsports.fit in the pioneer program

.Video Hits EAP Today & 85% Of All Premiums Are Priced at $200 or Less

THURSDAY,30 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 30th,.Video is entered the Early Access Program (EAP) today (day 1) and based on the volume of Sunrise registrations and search data it would seem to be a pretty hot new gTLD.

We counted some 460 domain registrations by trademark holders in the Sunrise period which is one of the largest to date.

Beyond the number of Sunrise registrations the registrations themselves are telling

The CBS family which includes Viacom, Showtime, MTV and Nickelodeon registered a lot of domains not just of the networks but for many of its popular programs even old programs going back to I Love Lucy.

Other broadcasters getting .Video domains included Fox, HBO, Discovery Networks, Starz and the Weather Channel.

Shows like Entertainment Tonight, Americas Next Top Model, Judge Judy also registered .Video domains.

Even FunnyorDie.com got the domain FunnyorDie.Video

Katy Perry got KatyPerry.video

The National Hockey League (NHL) also went in heavy into .Video registrations.

Amazon, Apple and Microsoft also registered quite a few domain names.

All and all very impressive list and we have a bunch of the more interesting sunrise registrations below.

I have no idea how Freesex.video and Freeporn.Video got registered in Sunrise but they did as well as Wild.video.

I reached out to Rightside the registry for .Video for some information on how many domain names are premium priced.

Premium priced domains have a renewal rate equal to the registration price (plus the one time EAP charge if ordered during that period)

Here is the info for .Video

There are just over 30k premiums .Video domains but 85% of those are priced at a wholesale cost of $200 or below.

Matt Overman from Rightside told thedomains.com:

“We are really excited about the level of brand participation during the .VIDEO sunrise period. It’s been our most active sunrise to date and we are hopeful that this momentum carries thru to EAP and beyond. There are so many great premium domains priced under $250 such as fail.video, event.video, maui.video and player.video, available starting today in EAP at all of our many registrar partners.

Additionally, the momentum we are building with higher value premium domain sales, including 6 figure sales like 3d.software and dui.attorney, should continue with the launch of .VIDEO and the release of domains like 360.video and live.video.”

I should also note that the word Video has the same meaning in many other languages including German, French, Italian Spanish, Portuguese.

Here are the more interesting trademark registrations:

48hours.video

60minutes.video

acrobat.video

allure.video

also.video

amazon.video

americasnexttopmodel.video

anaheimducks.video

animalplanet.video

arstechnica.video

audible.video

avalanche.video

baidu.video

barrons.video

beachbody.video

bestbuy.video

blackhawks.video

bluebloods.video

bluejackets.video

blum.video

bmw.video

bostonbruins.video

brides.video

bruins.video

buffalosabres.video

calgaryflames.video

canadiens.video

canucks.video

capitals.video

carolinahurricanes.video

carplay.video

cbs.video

cbsnews.video

cbssports.video

chicagoblackhawks.video

cinemax.video

coloradoavalanche.video

columbusbluejackets.video

comcast.video

comedycentral.video

cookingchannel.video

cos.video

coyotes.video

criminalminds.video

csi.video

dallasstars.video

details.video

detroitredwings.video

devils.video

dexter.video

dialogic.video

discovery.video

discoverychannel.video

discoveryeducation.video

discoveryfamilia.video

discoveryfitandhealth.video

discoveryhd.video

discoveryhistory.video

discoverykids.video

discoverystudios.video

discoveryturbo.video

diynetwork.video

dmax.video

edmontonoilers.video

elementary.video

elle.video

encore.video

entertainmenttonight.video

europe1.video

eurosport.video

facethenation.video

fineliving.video

flames.video

flickr.video

floridapanthers.video

flowers.video

flyers.video

foodnetwork.video

fox.video

freeporn.video

freesex.video

funnyordie.video

futuroscope.video

gameofthrones.video

glamour.video

habs.video

hallmarkhalloffame.video

hawaii-five-0.video

hbo.video

hbogo.video

hd1.video

hgtv.video

homeboxoffice.video

houseoflies.video

hurricanes.video

ilovelucy.video

imdb.video

islanders.video

jets.video

judgejudy.video

katyperry.video

kindle.video

kings.video

leafs.video

lightning.video

losangeleskings.video

madamsecretary.video

mapleleafs.video

mastersofsex.video

minnesotawild.video

montrealcanadiens.video

mtv.video

nashvillepredators.video

nationalhockeyleague.video

newjerseydevils.video

newyorkislanders.video

newyorkrangers.video

nhl.video

nick.video

nickelodeon.video

oilers.video

ottawasenators.video

panthers.video

paramount.video

paramountpictures.video

parents.video

penguins.video

pennydreadful.video

periscope.video

philadelphiaflyers.video

phoenixcoyotes.video

pittsburghpenguins.video

predators.video

prime.video

rangers.video

raydonovan.video

redwings.video

sabres.video

sanjosesharks.video

sciencechannel.video

scrippsnetworks.video

senators.video

sexandthecity.video

sharks.video

sharkweek.video

sho.video

showtime.video

sky.video

skynews.video

skype.video

spike.video

stanleycup.video

startrek.video

starz.video

starzplay.video

stlouisblues.video

survivor.video

tampabaylightning.video

theamazingrace.video

thedoctors.video

thegoodwife.video

theoddcouple.video

theweatherchannel.video

timewarnercable.video

tlc.video

tmc.video

torontomapleleafs.video

total.video

travelchannel.video

twc.video

twinpeaks.video

twitch.video

twitter.video

ufc.video

underthedome.video

vancouvercanucks.video

vine.video

washingtoncapitals.video

weather.video

weatherchannel.video

wild.video

winnipegjets.video

youtube.video

Hosting Co. One.com Winner of .One Gets Equity Investment To Enter US

WEDSDAY,29 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 29th,one.com, which also won the rights to operate the new gTLD .One,  announced today that Accel-KKR, a technology-focused private equity firm, and ATP Private Equity Partners (“ATP PEP”), one of Europe’s largest institutional investors in private equity funds, have completed a growth equity investment in the company.

This investment will support One.com’s launch into the U.S., its ongoing product innovation and the acceleration of its growth in new regions in Europe. Terms of the investment were not disclosed.

One.com has experienced steady growth over the past 12 years since it was founded in 2002.

Focusing on providing a simple, flexible and user-friendly web hosting product to both entry-level and professional users, One.com has achieved significant market penetration with over 1.3 million customers supported across Europe.

One.com is launching its web hosting solutions in the U.S. market through a campaign offering new customers the ability to establish a webspace that includes 15 GB of storage, a personal domain name, website builder tool and many other features — all completely free of charge for the first 12 months.

This differentiated campaign is expected to drive significant growth by One.com in the U.S. market.

One.com today serves more than 1.3 million customers in 236 countries.

One.com has more than 250 employees.  For more information about One.com and its easy-to-use web hosting solutions, please visit: www.one.com.

About Accel-KKR


Accel-KKR is a technology-focused private equity firm with over $2.5 billion in assets under management.

The firm has offices in Menlo Park, Atlanta and London. For more information, please visit www.accel-kkr.com.

About ATP PEP


ATP PEP was founded in 2001 and is one of Europe’s largest institutional investors in private equity funds. Including the new fund, ATP PEP actively manages €7.7bn on behalf of ATP. ATP PEP has a stable team of 17 professionals with offices in Copenhagen, Denmark and New York City, U.S.

Please visit www.atp-pep.com for further information about our investment program.

Contact

One.com
Thomas Darré Medard Frederiksen, COO
tmf@one.com
Tel: +45 2099 5357

Kekst and Company
Todd Fogarty
Tel: +1 2125214854
toddfogarty@kekst.com

StormGuard.com Saved In UDRP

WEDSDAY,29 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 29th,Storm Guard Franchise Systems, LLC v.just lost its bid to grab the domain name StormGuard.com which was just registered on February 6, 2014

The domain owner was represented by ESQwire.com

A majority of the three member panel of Willem J. H. Leppink, The Hon Neil Brown Q.C. found that the domain was generic and since the registrant was located in South Korea is was unlikely that they knew about the trademark of the Complainant.

However, panelist Nicholas Weston disagreed with the majority and filed a long dissenting opinion which we have included a summary of at the end.

Needless to say this demonstrates why domain holders should always ask for a three member panel as if this case was only decided by one panelist who turned out to have been Mr. Weston, the domain holder would have lost the domain.

Here are the highlights:

Complainant, Storm Guard Franchise Systems LLC, is a franchisor of roofing and exterior restoration franchises. Complainant has approximately 23 franchisees throughout the Eastern half of the United States of America. Complainant and all of its franchisees use the “Storm Guard” marks in association with their business.

Complainant operates its main website at stormguardrestoration.com” and stormguard.co”.

Complainant owns a United States trademark for the word “STORM GUARD” and for a black, white, yellow and red figurative word “Storm Guard” in the United States. (Hereinafter together referred to as the “Trademark”).

Complainant made an offer to purchase the Domain Name for $500 and then $5,000 but Respondent replied that the lowest Respondent would expect is USD 85,000.

“Complainant states that Respondent has no legitimate rights in respect of the Domain Name and is only seeking to sell the Domain Name for a profit far in excess of what Respondent originally paid for the Domain Name. Furthermore, Complainant states that Respondent does not offer any goods or services for sale and does not provide any information or other content at the Domain Name. Respondent is not known by the name “stormguard.com” or “Storm Guard”.

Respondent does not agree with Complainant and relies on the nature of his business and the descriptive or generic nature of the terms in the Domain name. As already noted, he says he is a reseller of domain names which consist of generic terms and that is perfectly legitimate under the Policy.

It is clear that Respondent has no rights in respect of the Domain Name.

The question is whether Respondent has a legitimate interest.

It is certainly true that it is permissible under the Policy to register generic terms and exploit them for their value as generic terms. However, it is not permissible to register a “generic” term as a domain name and exploit it for the value it has as a trademark where it is someone’s trademark. The registration and use must flow from the generic nature of the term, not the term’s significance as a trademark.

The Panel has established that a number of the advertising links on the website behind the Domain Name are inconsistent with a genuine use of the descriptive meaning of the words “storm” and “guard”, such as the links to “4CHAN”, “MEME” and “Albuquerque”.

The Panel finds that in this particular situation Respondent has done too little to show a legitimate interest when creating this landing page.

Therefore the Panel is satisfied that the second element of the Policy is met.

Registered and Used in Bad Faith

Under the third requirement of the Policy, Complainant must establish that the Domain Name has been both registered and used in bad faith by Respondent.

Although Respondent could have known about the Trademark and could have been aware of Complainant and its business when Respondent registered the Domain Name, Complainant has not provided convincing evidence supporting that fact.

Therefore, the Panel finds that there is no actual evidence that Respondent actually knew Complainant when Respondent registered the Domain Name.

The Panel also takes into consideration that the two elements of which the Trademark consist, i.e., “storm” and “guard” are not such an unusual combination.

The Panel could therefore not easily conclude that Respondent, who is located in the Republic of Korea, could have known about the brand under which Complainant sells its products when registering the Domain Name.

Furthermore, Respondent cannot be blamed that Complainant opened the dealings on acquiring the Domain Name. A

bove that, it was Complainant who tried to purchase the Domain Name several times for different amounts.

The fact that Respondent replied and informed Complainant that the Domain Name was for sale for a higher amount does certainly not prove registering a Domain Name with the intention of selling it to Complainant.

In these circumstances, the Panel majority finds that Complainant has not established the third requirement under the Policy.

Dissenting Opinion

I agree with the majority Panelists on all but one point: I respectfully disagree with the Panel majority’s ground on Registration and Use in Bad Faith.

At the time of registration, the onus was on Respondent to make the appropriate enquiries to ensure that the registration of the Domain Name does not infringe or violate the third party rights. The Response makes no mention of the appropriate enquiries having been made.

Paragraph 2 of the Policy clearly states: “It is your [the domain name holder’s] responsibility to determine whether your domain name registration infringes or violates someone else’s rights”. Respondent’s apparent lack of any good faith attempt to ascertain whether or not the Domain Name was infringing someone else’s trademark, bearing in mind there are numerous registrations of this mark in various jurisdictions, for example by conducting trademarks searches or search engine searches, supports a finding of bad faith

Further, in this Panelist’s view, it is in breach of the “Fabulous.com Domain Registration Agreement” for breach of the warranty (at paragraph 10.1): “You warrant that the registration or renewal of the Registered Name is made in good faith and that, to the best of your knowledge and belief, neither the registration nor renewal of the Registered Name nor the manner in which it is or shall be used, either directly or indirectly, infringes the intellectual property rights or other legal rights of any third party. A breach of this warranty shall constitute a material breach of this Registration Agreement.”

The absence of evidence from Respondent that it conducted search engine searches or any follow up trade marks registration searches, even in the country applicable to the registration agreement, before choosing a domain name to park PPC links on and divert traffic to its parking page means that there was no basis to signing up to that statement.

It also means, in this Panelist’s view, that Complainant has met its evidentiary burden that there is bad faith pursuant to paragraph 4(a)(iii) of the Policy.

The dissenting panelist finds that the Domain Name should be transferred to Complainant.”

79% Of The Attendees Of The Collision Startup Conference Using “Risky” Domains

WEDSDAY,29 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 29th,Bill Sweetman President of NameNinja.com, sent out a press release today saying that 79% of 491 Startups that will be participating at the Collision Startup Conference being held in Las Vegas on May 5-6 are using domain names that are counter intuitive and likely pose marketing challenges.

Bill also found that more than two-thirds (68%) of the startup domains failed the Radio Test, meaning the names are not spelled the way they sound.

“Startups without the optimal domain name face an uphill marketing battle.”

“Choosing a hard-to-spell name that fails the “Radio Test” is the number one problem, followed by not having the exact match .com domain.”

“If your startup is named Fashion Ferret then the optimal domain name is the exact match .com domain FashionFerret.com,” “Using anything else is risky because it’s likely to confuse your customers and drive up your marketing costs.”

Only 21% of startup domain names were the most intuitive domain name.

Bill Sweetman, is quoted as saying:

“I get it.

“Most startups don’t have much cash to spend on their domain name. But let’s not forget that your domain name is a key marketing asset.

You don’t have to spend a fortune to get a memorable domain name”

There are lots of free tools and service providers that can help you no matter what your domain name budget is.”

I will add that many domain owners like myself offer leasing and financing options which is ideal for startups.

DOMAINfest Is Back; Returns To Europe in June

WEDSDAY,29 April 2015   THE DOMAINS

According to the news from Domain.cn 1(1)on April 29th,the teams at NamesCon and DomainForum are happy to announce DomainForum and DOMAINfest Sofia, which will be held June 1-3, 2015, marking the exciting return of DOMAINfest to Europe.

Having already operated a number of widely attended European DOMAINfest events in Amsterdam, Barcelona (x2), Paris, and Prague, the people who bring you NamesCon are proud to announce DOMAINfest Sofia, Bulgaria for 2015 to coincide with the 2015 DomainForum and EuroDIG.

DomainForum will start the week with roving events in Ruse and Varna on the 1st and 2nd of June and then DOMAINfest kicks off in Sofia for June 3rd, followed immediately by EuroDIG on June 4 and 5.

DOMAINfest was the most attended Domain Conference prior to NamesCon debut in 2014.

DOMAINfest was purchased in late 2014 by NamesCon and incorporated into the first day of NamesCon 2015 this past January.

Richard Lau and Jothan Frakes, co-Founders of NamesCon, are quoted as saying:

“We wanted to keep the DOMAINfest brand vibrant and portable as an event – and partner with different events and activities to help grow interest in the opportunities in the Domain Name Industry.”

Led by Iliya Bazlyankov (of DomainForum) and Jothan Frakes (DOMAINfest, NamesCon), there are already sessions forming with ICANN’s Business Engagement group, well known industry leaders like Stephane Van Gelder of Starting Dot, a number of ccTLD and new gTLDs as well as major European Registrars, and much, much more!

Iliya Bazlyankov said this about the collaboration: “DOMAINfest Sofia will be the first international industry event in Bulgaria, with the possibility to attract a number of attendees from European registries, registrars and industry members. I am really glad to be part of it!”

By placing the commercially focused networking and content-driven DOMAINfest event between these other events, the industry that are gathered to meet and discuss domain names will have not only the special flavor that Eastern Europe brings, but additionally will mash-up the investment and monetization businesses with the Registries, Registrars, and Registrants in a way that brings everyone new forms of value.

The low-priced, high value event on June 3 will include presentations and workshops on a number of topics, and the content will be in English. Tickets at the door are 125 Euros, but there is an early bird price through April at 49 Euros. There is an additional optional VIP Dinner event on the night of the 3rd for power networking while enjoying the local cuisine and flavors.

Tickets are on sale at https://dfsofia.eventbrite.com, and the agenda is up online at https://domainfestsofia2015.sched.org/

For sponsorship and speaking opportunities, contact events@unicart.bg or Jothan@namescon.vegas.