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Yahoo Domain Sale was Win-Win

Yahoo’s sale of Contests.com was a win for everyone involved.

When Yahoo (NASDAQ: YHOO) sold the domain name Contests.com on Tuesday, the mood was upbeat. It was a relatively big domain sale from a big company for a lot more money than the seller anticipated.

I was surprised to see some people questioning the sale. Larry Fischer made some fair points. TechCrunch went a little overboard, suggesting this was more than just a simple decision to sell an unused domain. (People who read the TC article took it a step further. Two commentors thought it was some sort of inside deal as a favor to the buyer. Gotta love conspiracy theorists.)

Here’s my take: it was a good domain sale. The seller got more than they required and the buyer probably would have paid more.

Yahoo set a reserve of $150,000 and was willing to take that much. The buyer was determined and probably would have gone higher had an internet bidder not pulled out at $360,000. But is $380,000 that bad for this domain?

It’s true that the domain was inserted into the auction relatively late. That may have to do with internal reviews at Yahoo. But the level of promotion inside the domain industry was better than for just about any domain sold at a live domain auction: a solo email blast to qualified buyers. Buyers knew about it and there were many qualified bidders at the auction who decided not to participate. It was very different from Toys.com, in which only a handful of bidders were aware and kept the secret to themselves.

This sale can only be good for the industry. So I’m just going to treat it as what it was: a good sale in which both the buyer and seller are happy.

ICANN Terminates Five Domain Name Registrars

Five registrars terminated for financial reasons.

Internet Corporation for Assigned Names and Numbers has sent termination notices to five domain name registrars for failure to pay fees. Of the five to be de-accredited, only one has registered domains under management: Maxim Internet Inc.

ICANN is seeking a registrar to take over about 5,000 domains registered at Maxim Internet. It warns that contact data for the registrants is in an inconsistent format.

ICANN sent a breach notice to Maxim on March 30. Since that time the company has notified customers it was shutting down. In ICANN’s termination letter to Maxim, Director of Contractual Compliance Stacy Burnette wrote:

Using the primary contact information provided by Maxim, ICANN staff transmitted an e-mail message to you and left telephone messages for you inquiring about Maxim’s intentions to remain an ICANN-accredited registrar. After failed attempts to reach you, observing that Maxim’s website was no longer operational on 1 June 2009, receiving an electronic mail message from a person claiming to represent Maxim in its “close down” on 3 June 2009 and receipt of other electronic mail correspondence from you referring to the “closing” of Maxim, ICANN concluded that Maxim is insolvent.

Maxim owes ICANN over $150,000.

Other terminated registrars include AfterGen, Inc. dba JumpingDot, Hi Yi Global Information Resources, Sundance Group, Inc, and Clertech.com Inc.

ICANN also sent a notice of breach to Lead Networks Domains Pvt. Ltd for failure to comply with UDRP decisions. Lead Networks was recently named in a lawsuit that alleges it failed to transfer a domain that a customer lost in a UDRP.

source DomainNameWire.com

NBC Wants Tonight Show Domain Names

Company files for arbitration on two domain names related to “The Tonight Show”.

Just a few weeks after Jay Leno filed for arbitration to get several domain names related to his TV show, NBC has filed for arbitration on two domain names related to The Tonight Show. Leno is stepping aside from his role on The Tonight Show for his new show, and Conan O’Brien is taking over as host.

NBC has filed two separate arbitration cases with World Intellectual Property Organization for TonightShow.com and TheTonightShow.com. It’s no wonder the company wants these domain names; its current domain for the show is tonightshowwithconanobrien.com.

Ownership information for TonightShow.com is protected by whois privacy; the last available record shows a man in Turkey. The domain is parked and shows ads for “The Jay Leno Show” and “Jay Leno Tickets”.

TheTonightShow.com is registered to a Florida man. It is also parked and shows links to “Jay Leno” and former Tonight Show host Johnny Carson.

author : Andrew Allemann
source DomainNameWire.com

.TEL : NeuStar Registry Maintenance Announcement

In the coming weeks the NeuStar Registries will be conducting routine maintenance at our primary data center in Sterling, Virginia.

As part of our standard operating procedures, we will be failing all of the Registry systems to our secondary data center located in Charlotte, North Carolina.  During the fail over and subsequent fail back, connectivity to the .tel SRS and OT&E will be unavailable for a period of time.   Please note that Whois and DNS will not be impacted, and remain available at all times.

The fail over to the secondary data center will occur on Saturday, June 6, 2009 at 1300 UTC (0900 EDT) and will last approximately 2 hours. The fallback is currently scheduled for future, however the precise times and duration will be announced at a later date.

Maintenance Summary:

Date:                      June 6, 2009
Start Time:            1300 UTC   (0900 EDT)

End Time:             1500 UTC   (1100 EDT)

Duration:                Two (2) hours

Short domain name or keyword domain name?

If you wonder which type of domain names are best for you and for your business we will give you some advices. Whether you choose a keyword domain name or a short domain name,you should know the pros and cons.
If you choose a keyword domain name one of its pros is the strong SEO benefit.There are of course many others,such as,the potential for type in traffic and high likelihood of being seen as a trusted « authority » on targeted keyword.As a con,you should really know that is hard to brand when developing because a keyword domain is by default a generic term.
The other type,short domain names are very easy to remember,great for branding and of course great for offline marketing.On the other hand an unnatural short domain can be hard to remember.
Considering this,it’s up to you which of these two types of domain names you choose for you and your business.

source DomainNews.com

IPod designer’s private nature costs him jonathanive.com

Jonathan Ive, designer of the iMac, iPod and iPhone, has lost a claim for domain names carrying his name because his name is not a trade mark and because he shuns publicity. His name is not used enough in commerce to be protected, an arbitrator has ruled.

Ive has applied for European Community trade marks but they have not yet been registered.

UK-based Harry Jones registered jonathan-ive.com, jonathanive.com, jony-ive.com and jonyive.com in 2004 and operates a website at those addresses carrying news about and praise for Ive and his designs.

Ive came to international prominence when he designed the iMacs that helped to revitalise computer-maker Apple’s fortunes in the late 1990s. He has since also designed the iPod and iPhone for Apple, for whom he works full time.

Apple offered Jones $10,000 for control of the domain names, but Jones had already told the company that he would sell the names for $400,000, and was aware that the company had paid $1 million for the iphone.com domain name.

Ive took a case to the World Intellectual Property Organisation (WIPO)’s arbitration centre under its domain name dispute resolution policy (UDRP), which can transfer domain names under certain criteria.

The first criterion for transfer is that the person seeking to gain control of a domain name demonstrates that they have trade mark rights in it. Ive did not apply for any trade mark registrations for his name until October 2008, and those applications are still pending.

« These applications were filed in October 2008. As they are pending applications, they are not sufficient to show registered trade mark rights, » said the WIPO Panel.

A name can, of itself, acquire some of the properties of a trade mark though, the panel said.

« A complainant also has the right to claim a common law mark where there is no registered trade mark, » it said. « The usual test to ascertain common law rights applies, namely, considering whether the trade mark has acquired secondary meaning, and become a distinctive identifier associated with the complainant’s goods and services. »

« In the case of personal names, the complainant must show that its name/trade mark has been used in trade or commerce. Evidence of the complainant’s reputation or renown (on its own) will not necessarily be sufficient to demonstrate unregistered trade mark rights … previous complainants in these type of cases include authors, actors, artists, performers, athletes, royalty, politicians and business people. »

The panel noted that the products Ive has designed are marketed as Apple products and never reference him in their promotion or packaging. It also noted that Ive actively shuns publicity and self-promotion.

« I only occasionally accept speaking engagements and only accept payment of direct expenses, » said Ive in his declaration to the WIPO panel. « I am a very private person. My reputation has been established by the work I do, not through self-publicity. I do not usually give interviews … I seek to avoid publicity.”

« [Ive and Apple] do not promote [his] name as a brand or trade mark, and therefore do not use it in trade or commerce. [Ive’s] work for which he is most famous is publicly recognised and primarily attributable to Apple Inc. rather than [him], » said the ruling. « Despite having the opportunity to pursue individual endeavours outside his employment, which under certain circumstances might be branded under his personal name, [Ive] has made a conscious decision not to do so. In fact, [he] has actively sought to keep his personal name out of trade and commerce. »

« [Ive] has failed to establish that he has unregistered trade mark rights in his name, and accordingly the first element has not been met, » said the WIPO panel.

Jones retained the right to the domain names, but the panel warned that Ive can take a future case if his circumstances change.

« A different result under this element could occur if or when the [Ive’s] Community Trade Marks are registered, or if for instance Apple Inc., takes different steps in relation to the branding and use of [his] personal name. In such circumstances, [Ive] may be entitled to file another…case, » it said.

source Out-Law.com

Scheduled Name Store Production Maintenance

The Name Store Production environment will be taken offline on Friday, June 5, 2009 UTC (Thursday, June 4, 2009 EDT) for a scheduled maintenance.

Date: Friday, June 5, 2009 UTC (Thursday, June 4, 2009 EDT)
Time: 0100 hrs – 0500 hrs UTC (2100 hrs – 0100 hrs EDT)
Duration: 4 hours
Purpose: Routine Maintenance
Environment: .TV, .CC, .Jobs, and Name Suggestion

Please note that during this maintenance period, the Name Store Manager Web Tool will be offline.