Nora Nanayakkara has successfully been elected by Nominets membership as a Non Executive Director (NED) of the organization. Non Exec Directors…
Nora Nanayakkara wins Non Executive Director position at NominetNora Nanayakkara has successfully been elected by Nominet’s membership as a Non Executive Director (NED) of the organization. Non Exec Directors are elected every two years at Nominet and this year, three seats…
No Tags specified :-)After losing challenges for three generic domains, school referral service wins a biggie.
EducationDynamics, LLC has made several attempts to get generic domain names through UDRP domain arbitration. It has lost cases for earn-your-degree.com, graduateschool.com, and graduateschools.com. But on Wednesday the company scored a victory, winning the generic domain name eLearner.com through arbitration at National Arbitration Forum.
EducationDynamics does have a trademark for “eLearners” and “eLearners.com”. But rather than explain in my words why this case was bunk, I’ll include excerpts from dissenting panelist G. Gervaise Davis III.
…I find no evidence whatsoever that the domain was registered in bad faith, since Complainant provided not even a scintilla of evidence to that effect other than that “Respondent must have known of Complainant’s rights” when it acquired the domain in May 2009. That is not evidence but speculation. The subject domain has apparently existed for many years in the hands of other owners prior to Respondent acquiring it. I am not aware of any legal principle under the UDRP which makes it bad faith to register an existing domain name in order to use it, nor did Complainant cite such law…
…In the final analysis, however, the domain should not be transferred to Complainant, simply because Complainant’s registered trademarks have become so hopelessly generic and descriptive that they no longer serve to uniquely distinguish the services of Complainant. In fact, it would seem almost incredible that that USPTO ever issued the registrations on these marks which were already generic and descriptive at the time they were issued…
…Suffice it to say, this Dissenting Panelist feels it is poor public policy as well as contrary to the fundamental purpose of the UDRP to protect generic or descriptive trademarks, which has the effect of taking such terms out of the public use, or at least making it difficult for the public to use the English language from which these words are taken.
An example of the absurdity of this practice, here, is found when one uses the Google® search engine to search for the term “elearner.” This results in 76,100 hits, only a few of which have anything to do with Complainant or its website, while the tens of thousands of other hits refer to and use the common and generic terms “elearner,” “elearning,” or terms like “elearning methodology,” which illustrates far more effectively than this Panelist can, that the whole concept of “elearning” is a technical English term and description of a new method of learning that belongs to the public at large and not to some domain name owner who seeks to arrogate ownership of a descriptive or generic English word to itself.
EducationDynamics LLC (Complainant here) does not own the word “elearner”or “elearners,” the public does and any decision like that of the Majority here, which so finds, is simply and regrettably wrong. I have, therefore, respectfully dissented here in some detail so that other Panels in the future do not make what this Panelist sincerely believes is an error of law.
You can read his complete dissenting opinion here.
© DomainNameWire.com 2009.
Review and rate domain name parking companies at Parking Judge.
Related posts:
Digimedia has an enviable but daunting task: building out the world’s best domain name portfolio.
Most domainers struggle with the question of which of their domain names to develop into full-fledged web sites. But imagine if your portfolio of domain names included Recipes.com, Shops.com, FantasyFootball.com, and MovieReviews.com? Choosing which of these blue chip domain names to develop first is a difficult task for Wichita Falls, Texas-based Digimedia.
Digimedia was founded by Scott Day. Many know of him as the watermelon farmer who stumbled into domain names when he wanted to buy Watermelon.com. Day is still involved with his company, but he now has help. Digimedia has about 15 full-time employees, including long time friend and company president Jay Chapman.
The team has a difficult but rewarding task of choosing which domains to build into web sites. A general rule of thumb: stick with what your passionate about.
“We never want to get caught up in a business we aren’t excited about,” said Chapman. One of the reasons the company built out its fantasy sports business (including FantasyFootball.com) was because its employees were long time fans of the hobby.
Jerky.com marked Digimedia’s foray into full-fledged e-commerce sites. The company decided to build it before bigger category killer domains, such as chairs.com, because it felt it could cut its teeth on a smaller niche market. For its e-commerce ventures, Digimedia relies on a combination of dropshippers and its own warehouse.
But with so many quality domain names, the company realizes it will never be able to develop all of them. “When we originally got started we thought we could build and develop and grow, and have a tall building of employees building these web sites,” said Chapman. “There’s only so much time.”
To that end, the company is more open now to partnerships than it used to be. It recently formed a joint venture with a web design firm, now called WebDesign.com.
With all of its success, the company hasn’t let go of its principles. “There are a lot of people with more manpower and a deeper technical vision than us,” said Chapman. “What we try and share with everyone we come in contact with is to be as authentic as possible, very passionate about what we’re doing…personable and accessible.”
In an industry in which a few bad apples can give the entire industry a bad name, Digimedia is doing its part to put its best foot forward.
© DomainNameWire.com 2009.
Review and rate domain name parking companies at Parking Judge.
Related posts:
No Tags specified :-)Word has been going around for some time now that Australia may implement an Internet filter which would choose what content Australians would be allowed to view online. With results from the latest Internet filtering trial indicating filters have had little effect on the speed of the Internet, many ISPs seem quite content to start […]
Related posts:
No Tags specified :-)573,000 credit and debit accounts compromised.
Network Solutions’ web servers have been hacked, resulting in 573,000 compromised credit and debit accounts, writes Brian Krebs of Washington Post.
The exposed data isn’t that of domain registration customers, but instead financial accounts of people who purchased something from a web site hosted with Network Solutions e-commerce package. In other words, it’s mostly customers of mom-and-pop stores on the web.
Network Solutions has offered to contact customers of each store on their behalf.
Since security is the number one priority of any e-commerce offering, this is sure to be a major blow to the domain registrar and hosting company. However, it’s likely more painful to the small online businesses who may have lost the trust of their customers.
© DomainNameWire.com 2009.
Review and rate domain name parking companies at Parking Judge.
Related posts:
573,000 credit and debit accounts compromised.
Network Solutions’ web servers have been hacked, resulting in 573,000 compromised credit and debit accounts, writes Brian Krebs of Washington Post.
The exposed data isn’t that of domain registration customers, but instead financial accounts of people who purchased something from a web site hosted with Network Solutions e-commerce package. In other words, it’s mostly customers of mom-and-pop stores on the web.
Network Solutions has offered to contact customers of each store on their behalf.
Since security is the number one priority of any e-commerce offering, this is sure to be a major blow to the domain registrar and hosting company. However, it’s likely more painful to the small online businesses who may have lost the trust of their customers.
© DomainNameWire.com 2009.
Review and rate domain name parking companies at Parking Judge.
Related posts:
If you’re new to Twitter or want to learn more about how companies are successfully using Twitter, you’ll want to read Twitter 101, a free guide to using Twitter conveniently written by the people who brought you Twitter. Twitter 101 covers everything from getting started on Twitter to Twitter best practices and case studies on […]
Related posts:
No Tags specified :-)Tickets for Domain Convergence, which touts itself as Canada’s premier yearly meeting of domain name owners, developers, investors and entrepreneurs, will go up by $100 tomorrow. In order to register for the early bird price of $649 Canadian, participants will have to register tonight.
The conference includes speaker such as the Castello Brothers, who will keynote on “The Future of Domaining – Building Your Brand” and Christian Heilmann, a Developer Evangelist from Yahoo! who will talk about development without reinventing the wheel.
(c) 2009 DomainNameNews.com
DomainConvergence | August 12-13, 2009 | Toronto, ON, Canada
Keynote speakers: The Castello Brothers on "Branding your Domain"
Christian Heilmann, Developer Evangelist, Yahoo!
Tickets for Domain Convergence, which touts itself as Canada’s premier yearly meeting of domain name owners, developers, investors and entrepreneurs, will go up by $100 tomorrow. In order to register for the early bird price of $649 Canadian, participants will have to register tonight.
The conference includes speaker such as the Castello Brothers, who will keynote on “The Future of Domaining – Building Your Brand” and Christian Heilmann, a Developer Evangelist from Yahoo! who will talk about development without reinventing the wheel.
(c) 2009 DomainNameNews.com
DomainConvergence | August 12-13, 2009 | Toronto, ON, Canada
Keynote speakers: The Castello Brothers on "Branding your Domain"
Christian Heilmann, Developer Evangelist, Yahoo!
