Monday 19 October 2009

10/20 Domain Name Wire

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Advertise.com Scores First Victory in Lawsuit with AOL
October 19, 2009 at 3:31 pm

Judge forces AOL to change venue.

Advertise.comAdvertise.com 1, AOL 0.

Online advertising company Advertise.com has scored its first victory in its legal battles with AOL: a judge has ruled against AOL’s favored jurisdiction of the Eastern District Court of Virginia. AOL was forced to refile the case in California Central District Court, where Advertise.com is based.

Both companies sued each other back in August, after AOL blamed Advertise.com of trademark infringement of AOL’s Advertising.com brand. AOL is also claiming trademark rights to Ad.com, which derailed the $1.4M sale of that domain name.

Advertise.com released the following statement today:

In a lawsuit filed in August 2009, corporate giant America Online continues the dirty tactics long associated with big business by suing Advertise.com for its use of the generic word "advertise" in its designation and domain names.

Termed a battle between David & Goliath by the court itself, AOL seeks to monopolize the online advertising market and unfairly restrain its competitors by asserting extremely broad rights to words commonly used in our daily vernacular. AOL's lawsuit is an attempt to unjustly overtake the entire online marketing space and if unopposed could likely lead to attacks on other competitors in the Internet advertising world.

Advertise.com won its first battle against latter-day Goliath on October 9, 2009, when it prevailed in a motion to dismiss based on venue in the Eastern District Court of Virginia. AOL purposely chose to bring the suit in Virginia, well-known for its exceedingly fast docket, even though the disputed action took place in California and AOL's own headquarters are located in New York.

AOL failed when the court ruled in favor of Advertise.com and granted a transfer of venue. This was AOL's underhanded and calculated scare tactic to keep Advertise.com off balance with mountains of paperwork and multiple legal threats in hopes it would give in to AOL's unfounded demands.


© DomainNameWire.com 2009.

Review and rate domain name parking companies at Parking Judge.

Related posts:

  1. AOL Sues Advertise.com for Trademark Infringement
  2. Domain Owner Wins Expenses in Lawsuit
  3. ABCSearch Buys Advertise.com


Resumes.com Domain Sells for $400,000
October 19, 2009 at 1:55 pm

Broker makes another blockbuster sale in Resumes.com.

Sedo has brokered the sale of Resumes.com for $400,000.

The domain is currently in Sedo’s brokerage account, so it is unclear who the buyer is. Potential buyers include resume services and online job boards. The domain was originally registered in 1993. We’ll keep you posted as we find out who the buyer is.

Here are Sedo’s other notable domain name sales for the week, including the first handful of .biz domain sales to close:

.com
browsergame.com 30,000 USD
tdylodging.com 20,000 USD
musica4all.com 18,000 EUR
id5.com 9,900 EUR
ealing.com 8,500 GBP
pornvault.com 8,000 USD
universal-networks.com 7,950 USD
cfj.com 6,501 USD
golf-shop.com 6,000 EUR
wyw.com 6,000 USD
easywifi.com 6,000 USD
inputs.com 5,999 USD
lotterywinners.com 5,300 USD
solarblue.com 5,000 USD
unistructure.com 5,000 USD
extropy.com 5,000 USD
gibraltargroup.com 4,500 USD
hrz.com 4,500 USD
daha.com 4,500 USD
kb-consulting.com 4,000 EUR
getoutthere.com 4,000 USD

ccTLDs
tisch.de 20,000 EUR
travestis.es 15,000 EUR
intranet.nl 15,000 EUR
rutenplaner.de 9,000 EUR Route plan in German
europalace.eu 7,000 EUR
direkt-versicherung.de 7,000 EUR Direct insurance in German
ceilinglights.co.uk 5,900 USD
standleitung.de 5,475 EUR Dedicated in German
axabank.pl 5,000 EUR
redonline.co.uk 5,000 EUR
vcbank.de 4,500 EUR

Other
1.biz 32,003 USD
tattoodesigns.net 10,250 USD
j.biz 8,250 USD
8.biz 8,200 USD
79.net 5,900 EUR
automotiveparts.net 5,188 USD
ppi.org 5,000 USD


© DomainNameWire.com 2009.

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Related posts:

  1. Talk.com Domain Name Sells for $500,000
  2. Farsi.com Domain Name Sells for $75,000
  3. Sedo Sells Seereise.de for $80,000


InternetX Reseller Problem Turned on Domain Registrants
October 19, 2009 at 1:08 pm

Domain registrar asks domain registrants to pay up after reseller doesn’t pay the bill.

A reseller of domain name registrar InternetX didn’t pay for its customers’ registrations, and now the registrar is asking domain registrants to foot the bill.

The company sent an e-mail to customers of one of its resellers that demanded payment for domains the customers already paid for, or face deletion of the domains:

Dear Sir, dear Madam!

At the registry, which is in charge of this TLD, you are registered as the owner (Owner-C) of the domain(s)

[domain list deleted]

The provider / ISP (SIA CREDIT, Dmitrijs Fjodorovs, Riga) who had the domains registered with us, failed to settle any payments. As a goodwill we had offered an extended deadline, which he again failed to meet.

In order to settle the question where your domain(s) will be administered hereafter / in future, we would like to request you to get in touch with us immediately. Since the annual fee is currently not being paid by your contractual partner / our reseller, the domains need to be paid by you. Otherwise -according to ICANN rules- the domains will be deleted.

Please keep in mind that as the owner of the domain(s) you have agreed to the Terms and Conditions of that particular registry – hence you need to fulfill your duty with due diligence. Additionally we'd like to inform you that a domain can be disconnected resulting in the non-availability of the domain. *In case we do not receive any response from your side, .de domain(s) will be given to DENIC into transit at the next payment deadline. You will then receive a letter from DENIC (only if .de domains are involved) to which you should respond in order to prevent the deletion and transfer to a third person. *In case we do not receive any response from your side regarding any other domain but a .de, we will delete the domain at the next payment deadline. In this case at once!

For aforementioned reasons, please get in touch with us until Monday, October 19th 2009. Please keep in mind that a delayed response might lead to a deletion of your domain(s).

Please contact us by mail: dispute-domain@internetx.com !!!!

This may not be a big deal to U.S. domainers — but apparently this is hitting a number of large European domainers who hold thousands of domains with the reseller.

Beyond the customer service side of asking registrants to pay for someone else’s contract dispute, InternetX’s citation of “ICANN rules” is incorrect and may get the registrar in hot water, says domain name attorney John Berryhill.

Berryhill points to section 3.7.4 of the registrar accreditation agreement, which states

“Registrar shall not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee.”

Berryhill says that InternetX had the obligation to secure assurance of payment from the reseller prior to activating the requested domain names. Failing to do so may be a breach of its registrar accreditation agreement.

“Whenever a registrar screws up, they’ll make this reference to ‘icann rules require me to hit you over the head with a bat’,” said Berryhill. Often times, these citations of ICANN rules are either incorrect or misleading.


© DomainNameWire.com 2009.

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Related posts:

  1. ICANN blames Melbourne IT for Panix.com Debacle


AEIOU.com Calls it Quits
October 19, 2009 at 12:24 pm

AEIOU getting out of the minisite business.

Mini site production company AEIOU, owned by Rick Latona, is throwing in the towel.

In a blog post at RickLatona.com, Latona says there’s no money in web design. “It's hard. The customers are hard to please. The margins are slim and frankly, there are bigger fish to fry”, wrote Latona.

What Latona doesn’t directly say but hints at: it’s hard to scale this type of business.

Customers with open orders will still have their projects completed. People who host their web sites on AEIOU need to move their sites within 90 days unless they have a hosting agreement with the company. (This is one more reason to insist that web designers and mini site developers let you host the web site, rather than hosting it on their servers.)

Latona deserves full credit for giving a go at this one. And even more credit for knowing when it was time to pull the plug.


© DomainNameWire.com 2009.

Review and rate domain name parking companies at Parking Judge.

Related posts:

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Verizon Files Another Cybersquatting Lawsuit
October 19, 2009 at 11:30 am

Verizon files cybersquatting lawsuit for Verizon.com typos.

Verizon is suing 2Cool Guys.LLC (sic), Warren Weitzman, Arnold Trebach, and several John Does for trademark infringement.

In the lawsuit, Verizon alleges that the defendants registered domain names that infringe on Verizon’s trademarks and set up various companies to hide their activities. It alleges that the parties use Lead Networks Private Domains Limited as their registrar, which allegedly works with cybersquatters to hide their identities. (ICANN is currently trying to de-accredit Lead Networks.)

Among the potentially infringing domain names listed in the case are varizon.com, vierzon.com, and virazon.com.

Verizon is seeking damages of $100,000 per domain under the anti-cybersquatting statute, along with:

-Any profits earned by the defendants from using the domains as pay-per-click web sites
-Attorney’s fees
-Defendants to take corrective advertising to the extent necessary to correct any consumer confusion or misperceptions resulting from Defendants' alleged unlawful acts

A copy of the lawsuit is available here (pdf).


© DomainNameWire.com 2009.

Review and rate domain name parking companies at Parking Judge.

Related posts:

  1. eNom Ensnared in Cybersquatting Lawsuit
  2. Transamerica Files Amended Lawsuit Against Moniker
  3. Verizon Wins $33 Million in Cybersquatting Case


Domain Invest Picks Up 10.2M EUR Investment
October 19, 2009 at 10:05 am

Domain investment company gets big vote of confidence from outside investors.

Who says outside financing for large scale domain investments is a thing of the past?

Luxembourg-based Domain Invest announced this morning that it has picked up a 10.2M EUR ($15.2M USD) in outside investment. Domain Invest buys domain names, making money by monetizing and selling them.

The co-managing directors of Domain Invest are familiar faces at domain name conferences, Markus Schnermann and Frederick Schiwek. Another familiar face, Xavier Buck, is Chairman of the company.

In the company’s press release (pdf) announcing the financing, Buck noted:

To own the keywords of your industry is today a key element to guarantee your future supremacy in regards to search engine indexation and presence on the Internet. Domain names are lucrative investment assets, whose market value raises faster than any other commodity on earth.

With its base in Europe, Domain Invest has invested heavily in country code domain names. But it also invests in .com; the company sold Voodoo.com for $300,000 at this year’s Domainer Mardi Gras conference.


© DomainNameWire.com 2009.

Review and rate domain name parking companies at Parking Judge.

Related posts:

  1. Don’t Panic. Now is the Time to Invest.
  2. DomainMart launches domain name investment funds
  3. WhyPark Lands $230k Angel Investment

 

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