Archive for September, 2008


Sedo Sells Coiffurefemme.net for $80,000

French .net term sells for close to $80,000.

Sedo has completed the sale of coiffurefemme.net for 55,000 EUR, or almost $80,000 USD. The domain means women’s hairstyle in French. This is a surprising price paid for this domain, and the domain’s whois record is protected by whois privacy so it’s difficult to understand who bought it. The .com version of this domain is listed for sale on Sedo and BuyDomains with no specific price. If anyone has insight to this purchase please comment below.

Here are other sales from Sedo completed over the past week:

revenueshare.com $15,000
vetement.com 14,000 EUR Clothing in French
wyominginn.com $11,000
goforgoal.com $10,000
laptopinfo.com $7,500
zud.com 7,100 EUR
habillement.com 7,000 EUR Clothes in French
affordit.com $7,000
mylt.com $6,700
comtrade.com $6,000
savemylinks.com 5,100 EUR
korting.com $5,000
kungfumovies.com $5,000 GreatDomains auction
greatestfilms.com $5,000
payable.com $5,000
hochschulen.com 4,500 EUR
allgemeine.de 14,000 EUR General in German
rachat-de-credit.fr 13,500 EUR Repurchase of credit
sexe.ch 12,500 EUR
messenger.ch 5,000 EUR
doping.de 5,000 EUR DomainVermarktrForum Doping in German
pastahut.co.uk 4,500 GBP
zehn.de 4,000 EUR Ten in German
walkms.org $16,900
belgium.info $10,000



DomainConvergence to Host Auction — With a Twist

Conference will include auction managed by Fusu.

DomainConvergence, a new domain conference coming to Canada October 6-8, will include a live and online domain name auction managed by Fusu.

So what’s the twist? People selling domains in the auction will have to pay 1% of the reserve price up front. The goal is to encourage low reserves.

I’m a big fan of this market-based approach to ensuring high quality domains are submitted at reasonable reserves. It works best at tried-and-true auctions (such as Moniker’s TRAFFIC auctions), but it’s good to see someone pushing the envelope.

Fusu will charge a 15% fee to the seller and will have an exclusivity period for 30 days. Domain name owners can submit their domains via email to auction@domainconvergence.com until October 4th, 2008 and submissions should include their reserve price as well as their postal address and phone number.

Frank Michlick, a familiar face in the domain circle and writer for Domain Name News, is spearheading DomainConvergence. The event will take place in Niagara Falls, Canada. The closest airport when traveling from the U.S. is Buffalo. People traveling through Canada can fly into Hamilton Airport or Toronto Pearson Airport.

[Domain Name Wire readers can get a $100 discount to the event. Enter discount code "domainnamewire" when registering.]



Live Current Partners with Domain Strategies to Develop Karate.com

Deal will help monetize one of Live Current’s many valuable domain names.

Hot of the heels of its latest cricket media announcement, Live Current Media (OTC: livc.ob) has announced a new deal with Rob Monster’s Domain Strategies for the domain name Karate.com. Live Current and Domain Strategies will develop a new company to own and develop the domain name.

Because Live Current is publicly traded, we’ll likely get a good look at how this deal plays out through the company’s financials. We already know the general terms of the deal:

-Live Current provides the domain name, Domain Strategies provides $250,000 cash and will create/operate the new company
-Each party will get 50% of company
-Live Current will get the first $500,000 of distributions, Domain Strategies will get the second $500,000, then it will be split 50/50
-Live Current can pull out of the deal after 3 years if financial objectives set by the new company’s board are not met. Live Current will get the domain name back, but Domain Strategies will have an option to buy the domain name for $1,000,000.

This is a cost effective way for Live Current to monetize its valuable domain names. The company announced a deal earlier this year with Wanderspot LLC to develop some of its domain names. The price was high:

Wanderspot will be compensated (i) a base fee of $60,000 per month; (ii) a commission fee of 50% of Net Revenue (as defined in the Independent Contractor Agreement) that is generated by web sites developed by Wanderspot under the Independent Contractor Agreement, up to a maximum of commission fee of $35,000 per month during the term of the Independent Contractor Agreement; and (iii) three options, to purchase up to 20,000 shares of common stock of the Company, granted under the Company’s 2007 Incentive Stock Plan, to each of the following 3 individuals all of whom are principals of Wanderspot: Ethan Lowry, Adam Doppelt, and Patrick O’Donnell.

The Karate.com deal sounds a lot better to me, but we’ll see when Live Current releases its 8-K about the deal.



“We The People, In Order to Acquire a More Perfect Domain Name…”

Legal services company tries to lay claim to WeThePeople.com.

A legal document company that operates at the domain name WeThePeopleUSA.com has lost its attempt to secure the generic domain name WeThePeople.com through UDRP arbitration.

In a case decided at National Arbitration Forum, the panel found by a narrow margin that We The People, L.L.C. didn’t have a trademark in the term “We the People”, but only in the term in addition to a drawing. This is not surprising given that there are many companies with “We the People” trademarks, and it is a generic term which comprises the first three words of the preamble to the United States Constitution.

But because the issue of the domain being identical or confusingly similar to the trademark was a gray area, the panel decided to review if the other two qualifications for winning a UDRP were met: that the registrant has no rights or legitimate interests in the domain and that it was registered in bad faith. In both instances the panel found in the registrant’s favor.

Part of the complainant’s case was based on pay-per-click ads on the domain’s “coming soon” page that related to legal filing services and were competitive to We The People, L.L.C. However, these ads were placed by Network Solutions without the respondent’s knowledge and later removed at his request. Although the panel realized this, the respondent did have to back up his claim and go through the pain of asking Network Solutions to not profit off of his domain name.

The respondent asked for a finding of reverse domain name hijacking but the panel declined:

the Panel’s view is that the Complainant may well have genuinely felt that what it saw as the similarity between the domain name and the word elements of its trademark and the presence of the promotional links on the website justified making the Complaint. In those circumstances, the Panel in the exercise of its discretion does not propose to make a finding of reverse domain name hijacking.

[Full decision.]



Lessons from ConAgra and Defensive Domain Registrations

How ConAgra played it smart by registering PeanutButterRecall.com, and lessons for other companies.

[Editor's note: Tim Morse, President and CEO of Penguin Search Engine Services, recently investigated defensive domain registrations. He became interested in the topic after discovering that food company ConAgra (NYSE: CAG) registered the domain PeanutButterRecall.com in the wake of the 2007 peanut butter recall but never used the domain. On Morse's blog you can read the entire 7 part story, but I have worked to excerpt portions of his article that readers will find particularly interesting.]

by Tim Morse, Penguin Search Engine Services

ConAgra Foods registered the domain name “peanutbutterrecall.com“ on February 15, 2007, just one day after both ConAgra and the FDA published press releases on their respective Web sites about the voluntary recall of peanut butter produced by ConAgra.

It’s not surprising to learn that ConAgra Foods registered this URL. The company is a leading producer of packaged foods and manufactures peanut butter, among other things. In addition, ConAgra’s peanut butter brands were being voluntarily recalled in February 2007.

But what may be surprising is that the URL itself does not resolve (as of the date of this publication), and never has resolved to a Web page of any kind. It has also, apparently, never been redirected to any Web page. Was this a good move on ConAgra’s part? What advantages or consequences might the company experienced in their handling of the domain name?

In order to learn more about the registration and use of the peanutbutterrecall.com domain, Penguin SES contacted ConAgra. In response to an email inquiry dated August 25, 2008, Ms. Stephanie Childs, director of corporate communication, ConAgra Foods, stated that the acquisition of the URL was initially undertaken to provide the company options for their communication strategies:

“In regards to www.peanutbutterrecall.com, ConAgra Foods purchased that particular URL while considering the best avenues for providing consumers with pertinent information regarding our voluntary peanut butter recall announced in February 2007.

“We subsequently made the decision that the best way to provide consumers with information online was to continue to provide information through www.conagrafoods.com, which consumers were already using and was referenced widely in the media, in addition to the other communication outlets (e.g. toll-free number, media coverage, etc.) we were utilizing.”

[See the complete article for more quotes from ConAgra.]

It is easy to make the case that ConAgra was wise to have registered this domain name for the cost of a basic domain registration for their registrar. But what if this domain had been on the aftermarket? What kind of price would have been found to be “acceptable” to a company who perceived the deeper values associated with the domain name and would have still allowed the decision to be called a wise one?

As for a domain owner who may have had this name in his or her portfolio, what selling price would have been put forward, and how would the owner have arrived at such a price? At what price would the owner have been accused of selling out “too cheaply?” Again, it is beyond the scope of this article to answer specific value questions, but they should be asked.

However, in order to develop some depth of perspective on the matter, Penguin SES contacted a few Internet experts, including Brian A. Hall, attorney with Traverse Legal; Bill Hartzer, Search Engine Marketing Manager with Vizion Interactive; and Mark Stedelbauer, an ebusiness professional, to get their input concerning ConAgra’s domain name registration.

We also interviewed noted author and Wall Street Journal reporter David Kesmodel. Kesmodel was not able to comment directly on the specifics of the ConAgra situation because he currently covers the food and beverage industry for the Journal. He did, however, share general domain industry insights.

Brian Hall pointed out that, “the domain name market is a first-come-first-served market. Unless we are dealing with a case of cybersquatting,” he said, “the registration and use, or nonuse for that matter, is entirely within the purview of the domain registrant. That said, it is entirely possible that ConAgra made a strategic decision and procured this defensive registration in order to avoid bad press.”

Bill Hartzer said he thinks that overall, the domain name registration was a good move on ConAgra’s part, but he gives the company more benefit of the doubt when it comes to the issue of redirection. “I think it was a good idea for them to register that domain name. Not only was it a good decision, I suggest that other companies in a similar situation (e.g., a company that would be potentially subject to a recall at some point) should register domain names as a strategic offensive move,” Hartzer said.

Hartzer stated that companies have to be in a competitive mode when it comes to staying ahead of the curve. “As we can see, there were others who were looking to purchase similar domain names. There are other types of domains that a company should own, which includes domain names like companynamesucks.com and companynamestinks.com, and so forth. These are good public relations and reputation management moves for companies.” Hartzer added that when it came to redirecting the URL, “…most likely it was just the failure of the company’s IT department to redirect it. I wouldn’t look too much more into that. Certainly it would have been a good move to redirect that domain name with a 301 Permanent Redirect to the section of their site that talks about recalls.”

On the topic of defensive and offensive registrations of generic domain names, David Kesmodel shared that this practice has been around for quite some time, and that can sometimes be hard to tell who’s playing defense and who’s playing offence. One example that Kesmodel cited are the “sucks sites.” He said that companies got wise about people registering “xyzcorpsucks.com” in order to use such names with negative comments about the company involved. “So, some companies have gone out and registered a lot of negative terms around their products that relate to their product or their business.” Kesmodel said that it is even common practice for presidential contenders to initiate this kind of defensive registration.


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