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Mike Berkens

Why It’s Bad Not to Respond to UDRP


A few days ago, Mike Berkens reported on the UDRP decision for 7Days.com, a decision that went in favor of the complainant. The owner of the domain name did not file a response to the UDRP, so he couldn't present his case for ownership. I think not responding to a UDRP is bad for a couple of reasons (unless you are advised by a legal professional that not responding would be in your best interest).

First, you don't have an opportunity to defend your ownership of the domain name. You're letting the complainant make its case and aren't able to rebut its complaint. If the submitted evidence is enough for a panelist to make a decision in favor of the complainant, you could lose the case pretty easily.

The second reason may be less obvious but could pose a future threat to your business. Not even considering that a UDRP loss can be used by a future complainant to show bad faith on other domain names, it could also show others that you are a sitting duck. A non-response could encourage other companies to file UDRP cases for other → Read More

My 2009 TRAFFIC Awards Nominations


I saw that Mike made a few nominations for the 2009 TRAFFIC Awards, which will be given out at the New York TRAFFIC conference, and I want to share a few of my nominees. This year has proven to be the most difficult one I have faced in the domain industry, and there are several individuals who stand out in my opinion and deserve recognition and praise.


Shaun Pilfold - Kelowna.com: Shaun has spent much of this year building a business on the geodomain, Kelowna.com. Instead of a standard geodomain name (like mine) with tourism information, event updates and a bit of news, Shaun has taken Kelowna.com to the next level. Shaun's company has sunk significant resources into the business, hiring journalists, editors, and sales staff, while marketing the heck out of the business. During the Kelowna forest fires, Kelowna.com provided the best local coverage and won a lot of praise from the local people. Shaun's company owns a plethora of great domain names, including Jobs.ca and more.

Richard Douglas - → Read More

ICANN Issues to Be Concerned About


Mike Berkens has written three interesting posts that are important for all domain owners to read and understand. When you have an opportunity today, please read Mike's posts and the accompanying commentary. The issues that are discussed could potentially impact all domain owners

ICANN Releases New gTLD Guide Book: Still Includes No Price Caps: Your Domains Are At Risk

ICA: Trademark Holders Attempting To Greatly Expand Their Rights Through The New gTLD Process

Thinking About Applying For Your Own gTLD? It Could Cost You A Lot More Than $185K

The Internet Commerce Association is working on some of the issues, but I know they need our support (if you own a domain name, you are part of the collective "our").  As soon as my tax bills are taken care of in a month and a half, I will be making my annual contribution. → Read More

Use Caution When Updating Whois Information


Mike Berkens wrote an important post today about keeping your Whois information current and updated. ICANN regulations require that Whois information is accurate, and if the information isn't accurate, there is a chance that your domain name could possibly be taken. There are also many legal reasons to do so, which Mike outlines in his post. It just makes sense to keep your information updated, and if you are worried about spam emails or privacy, just buy the privacy guard.

In this vein, I think it's also important to note that some UDRP panels have ruled that a change in registration information can be seen as a brand new registration. One recent case (although it didn't really impact the decision) was on the BME.com case, which the respondent lost. The respondent had changed his Whois information (between his own entities), and they still cited this changing Whois information.

In addition to this issue, Godaddy also seems to still lock domain names for 60 days when the Whois information is updated.  While this can usually → Read More

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