After reading an excruciatingly long thread on DNForum that deals with allegations of scamming, stolen domain names, missing funds…etc, I wanted to share some general advice when buying and selling domain names. The advice I give is only based on how I personally do business, and I recommend using an attorney if that makes you more comfortable.

Before I purchase a domain name, I always check the Whois history to make sure the name looks like it is free and clear of problems. Frequent changes in ownership, different/inconsistent email addresses or phone numbers, and incorrect-sounding information always ring bells in my head and requires further checking. I also like to search using Google and the domain forums to see if the name has ever been in a dispute or had “issues.” Because I mostly Read More »

Someone posted an interesting UDRP-related question in the Legal Section of DN Forum yesterday. The person asked; If a Complainant filed a UDRP for multiple domain names owned by a single entity, are the panelists forced to make an “all or nothing” decision, or could they determine that some of the domain names should be transferred while others should be kept by the current owner?

Domain attorney John Berryhill provided evidence that a split decision could be reached. Berryhill cited the Yell Limited v. Ultimate Search UDRP Case No. D2005-0091. The disputed domain names in this case were YEL.com, YellWeb.com, UKYellowPages.com and LondonYellowPages.com. In the end, the panelists ruled that:

“For all the foregoing reasons, in accordance with Paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain names, yellweb.com, ukyellowpages.com and londonyellowpages.com, be transferred to the Complainant.

The Complaint relating to the domain name yel.com is dismissed.” — Source: ADMINISTRATIVE PANEL DECISION Yell Limited v. Ultimate Search

In the end, the Respondent was able to retain the most valuable domain name of the group.

Not only was the Complainant’s transfer request denied, the company was found guilty of Reverse Domain Name Hijacking.  It’s good to see cases like this go in favor of the Respondent, as we have seen too many generics lost recently (MBF.com, Aspire.com, and Aman.com are just a few examples in my opinion).  

Unfortunately, because of the way the system was set-up, some people are almost encouraged to file a UDRP for $1,500 rather than attempt to buy the name for much more than this. The most recent sale price for FCC.com was $60,000 (from the decision), so it probably would have taken well over $100,000 for the owner to sell - although he develops his names.  It’s harmful that the company was able to take a chance at receiving control of this great name for a mere $1,500 filing fee.  

The Respondent had to spend quite a bit of money defending his rights to the domain name, but was smart in choosing John Berryhill to represent his rights. It’s too bad he can’t file a claim to recover his expenses for this Reverse Domain Name Hijacking attempt.