Google (NASDAQ: GOOG) has been sued by Vulcan Golf, because it provides ads on domains that violate trademarks. Actually Google does not allow domain owners to park their TM domains with Google, but no system is perfect and TM domains get through into the Google parking programs. The complaint is a 121 page document (4.3 MB .PDF file) that focuses on Google’s AdSense for Domains program. This is a program for owners of large domain portfolios, who can park their domains directly with Google’s pay-per-click system. The lawsuit says Google actively controls the content and links displayed on each of the domains in their PPC program, hence, it says, Google is allegedly violating trademarks by displaying ad links on TM domains. The complaint not only mentions Google, but also some domain name companies: Sedo, Oversee (DomainSponsor.com) and Dotster (RevenueDirect.com).
Google, Yahoo and other PPC providers will certainly have to face more of these lawsuits in the future, as advertising is migrating from the traditional media to the Internet and more companies make use of Google’s and Yahoo’s pay-per-click advertising platforms. Not only because of this will it be interesting to watch how this lawsuit will play out, but also because it will have a direct effect on the cybersquatting issue. Owners of trademark-infringing domains will get more problems with finding a provider to monetize their domain portfolio in the near future. The domain industry is in an important consolidation stage right now, and domain litigation is heating up.
Go to Eric Goldman’s blog for an in-depth article on this topic.
There is a new post on domains on the New York Times blog “Bits”. The blog post, titled “More Than Just Squatting (on Domain Names)“, features Seattle-based Marchex and talks about the future of domain parking. It briefly explains the model of direct navigation traffic and why it is so valuable.
Marchex owns more than 200,000 domains which they monetize through their own Yahoo-driven parking platform. Now Marchex is going to fill about 110,000 of their niche domains with relevant content and they will also sell ad spaces directly, in addition to displaying the Yahoo pay-per-click links. Examples sites mentioned in the article are SanFranciscoVeterinarians.com, NewYorkDoctors.com and the zip-code domain 10003.com.
[On domain parking:] As often happens with questionable but profitable businesses, a different class of entrepreneurs is now coming in trying to clean up domain parking and conduct it on a larger scale. They have also come up with a more respectable sounding name for their industry: direct navigation.
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Marchex says that about 30 million unique visitors per month land on one of its sites simply by typing in the domain name. Those Web users guess that there is a site out there that fits their particular needs, and they type in the most obvious Web addresses. Marchex now hopes that more people will return to the sites on a regular basis because of the new content.
Founded by Malaysian domainer and entrepreneur Koay Al Vin, a new domain news portal went online today. DNHour is a community-driven news portal similar to digg.com, but focused on the domain industry only. This sounds like a useful service to me, as domains are getting more attention in the mainstream press and there are several domain-related blogs and forums which you should check on a daily basis. DNHour can help you keep yourself informed more easily. From the press release:
Recently launched DNHour.com is the domain name industry’s first revenue-sharing and community-driven niche website. Modeled after the popular social-content site, Digg.com, DNHour.com is designed for members to submit short reviews of the latest industry news with a link to the source.
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According to site founder Koay Al Vin, the portal is for domainers to consolidate all important industry news, compiled and ranked by the community in one central location. Instead of sifting through journals or domain forums, members can now sort for popular news in categories such as Recent Sales & Prices or Domains On Auction.
Good luck, Koay!
A petition has been launched on YouChoose.net against domain parking. There have been 589 signatures as of June 22, 2007. The petition reads as follows:
To ICANN President and CEO, Dr. Paul Twomey
We, the undersigned, are concerned about domain name parking abuse and request that ICANN revisit the Anti-Cyberssquatting Consumer Protection Act and the Trademark Cyberpiracy Prevention Act to ensure that a domain names that are parked would be available for sale at a price tag that would not be considered extortion. We request that “Cybersquatting” issues be discussed, reviewed and formalized this year into a written law to help stop the continuation of domain parking as an extortionist means that cause legitimate businesses to pay high price for the domain name.
As many of you will agree, these people get an important thing wrong: Owning a generic domain and parking it is NOT cybersquatting! You can own as many domains as you like. It is not allowed though to own domains that infringe trademarks. Registering trademark-infringing domains is cybersquatting, but owning generic domains isn’t. Especially the line “request that (…) domain names that are parked would be available for sale at a price tag that would not be considered extortion” is alarming. People from outside the domain industry got to realize the great value of a quality domain and now they want domain owners to sell their domains for cheap because those people got in the game late. Nobody has the right to tell you how much you should sell your domain name for. If they think the asking price is too high, no problem, they don’t have to buy the domain. Also, nobody is extorting money. It’s a fact that domain names are worth lots of money, because they are an important part of conducting business on the Internet and domains hold a great value for companies offering their products and services online. These people who signed the petition need to be educated on domaining. They need to be able to tell the difference between cybersquatting and investing in domains in a legal way. I’ve said this before, but let me repeat it: Domain owners must fight cybersquatting, because it hurts our industry. There are only few black sheep who are responsible for the bad image domainers have in the public, and we can’t let them get away with this.
Phil Corwin from the Internet Commerce Association sounded a note of caution and pointed out other threats to domain owners. For example, he is afraid that ICANN might do backroom deals for their own good but to the disadvantage of domain owners (e.g. the VeriSign settlement). Another issue is that many domain registrars keep expiring domain names instead of letting them go on the market and be auctioned off so that everybody gets a chance to buy expired domains. This practice allowed many registrars to build up large portfolios of traffic domains, which is still legal, but domain investors are at a disadvantage here. There is a conflict of interest that needs to be addressed. And another threat: There is the Coalition Against Domain Name Abuse, which is fighting for legislation against domain owners. I won’t say anything against them as long as they can ensure that they will only take action against blatant TM-infringing domains, but this is not guaranteed! Many companies have already tried to sue domain owners for generic domains in the past. You can read a more detailed summary of Phil Corwin’s speech on Domain Name Wire.
Domainers hold valuable assets and they must stand up now to protect their rights. Otherwise, we might face some serious issues in the near future as companies who missed the start will try to get into the business on the cheap and threaten the rights and assets of today’s domain investors.
iREIT’s Marc Ostrofsky bought Business.com for $150,000 in 1997, and resold it to eCompanies for $7.5 million (stocks & cash) two years later. Business.com, which has been developed and turned into a business directory, is now for sale again. The Wall Street Journal says the price could fetch as much as $400 million, which would be a 26 multiple on the site’s current revenue. Dow Jones and the New York Times are likely bidders, according to the WSJ.
I think Business.com has much potential for future growth if they improve the website and service. So far Business.com doesn’t have anything special to offer, and yet the site is a successful business. Here you see again that a good generic domain can help a lot when providing services or selling products online. The site wouldn’t have been as successful without the domain, in my opinion.
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