Domain Attorney

2011 Will Be a Big Year for Mike Berkens & WorldWide Media, Inc.

7

WWMII was checking out Facebook yesterday, and I saw that Mike Berkens had updated his website information on his profile. Now listed on Berkens’ profile is WWMI.com, the recently launched corporate website for Berkens’ WorldWide Media, Inc.

I had a chance to speak with Mike, and it looks like his company is gearing up for a big year. “WWMI will be part of a new company that will be announced early in January that will specialize in helping those seeking new extensions into making their extension successful.”

With the introduction of gTLD domain names expected in the next couple of years, Berkens will be in a great position to offer his professional advice in this area.

Berkens was able to offer some additional insight into his company’s gTLD consulting business.

Generally  the new gTLD consulting will be a big story next year as hundreds of millions maybe billions of dollar will pour into the domain channel to obtain, market and sell domains ending in hundreds of different extensions,” said Berkens. “Up to now domains have all been about left of the dot, that is all the keywords that precede the extension. After the new gTLD process is approved there will be huge money pouring into developing out extensions, brands and concepts all to the right of the dot. The truly exciting part is much of this activity will come from those that haven’t invested heavily into the domain channel before.  This will credit a lot of new interest in the domain industry in general.”

Corporate domain consulting and domain sales will also play a prominent role in Berkens’ business in 2011. His experience and expertise will certainly be beneficial to clients looking to acquire high value domain names or sell them. WWMI will “broker third party owned domains and advise companies on domain acquisition and sale strategies,” said Berkens.

WWMI owns close to 80,000 domain names, has sold over ten millions of dollars worth of domain names, and has one of the most popular domain name media outlets in TheDomains.com. With the launch of WWMI.com, Berkens is positioning his company for some big moves in 2011 and beyond.


DNForum

Props to Berkens

0

Although he probably won’t read this as he’s en route to Colombia for the ICANN conference, I want to give props to Mike Berkens and his blog on this third anniversary of its existence.

Mike really has no need to spend his time blogging. His company has one of the top private domain portfolios in existence. Dan Warner published a report that revealed the domains in Most Wanted Domains’ portfolio had the most (or top 5) Whois lookups of any privately held company. Mike’s company’s nameservers were also named one of the “cleanest” in terms of trademarks out of the nameservers with the most domain names.

In other words, not only does Mike own a lot of domain names that are coveted by others, but his portfolio is unarguably made up of generic/descriptive domain names. He also sells domain names from time to time, and when he does, he gets top dollar for them.

Clearly, Mike isn’t blogging to make money.

Mike writes one of the most thoughtful and insightful blogs (if not the most insightful) I read, and I really appreciate his thoughts and ideas. Not only does he have the domain experience, but he also has legal experience as well, which allows him to analyze issues and write them with clarity I wouldn’t get elsewhere. I can’t tell you how many times there was something I didn’t understand until reading about it on his blog.

In addition to this, Mike is one of the most approachable people in the domain space. If you’re at a domain conference, you’ll see him surrounded by friends and colleagues, and he’s always willing to give his time to chat. If Mike isn’t attending a domain conference, it probably isn’t worth going.

When Mike revealed that he had 2,400 posts in 3 years, my jaw dropped. I think I started my blog about 4 months before he did, and he has over 500 more posts than me. Knowing how much time it takes to blog, one really needs to give kudos to Mike’s wife, Judi. I am sure there have been plenty of dinners and events put on hold briefly while writing posts.

I want to say “thanks” to Mike in a blog post for all of his contributions. There aren’t a lot of people who would be willing to share as much as he does (time and insight), and it’s genuinely appreciated.


DNForum

Why It’s Bad Not to Respond to UDRP

7

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 names you own, believing you may not defend your rights to own other domain names, possibly making their chance better.

Whether you decide to hire a lawyer or not is your decision to make based on the strength of your case, value of your domain names, and/or financial situation, but I don’t think not responding is for the best (unless under the advice of an attorney, which I’ve heard about). If you don’t care enough about your domain name to defend it, perhaps you can just give the name to the company to get them to withdraw the UDRP.


DNForum

My 2009 TRAFFIC Awards Nominations

40

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.

BEST DEVELOPER OF THE YEAR:

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 – Oakville.com: Richard is one of the smartest people I know, and he has privately provided a tremendous amount of advice to me about development, SEO, marketing, hosting and more. Richard’s Oakville.com, which launched in the past year, was built on a great platform that will allow the company to scale. From geocoded directory listings to a great news distribution service, Oakville.com is quickly becoming recognized in the community. Oakville.com was also a partner of the RBC Canadian Open, a PGA event held in Oakville, and the site received recognition from the Oakville city government and local business leaders. Richard also runs the domain blog, TooManySecrets.com, which has great development insights.

DOMAIN HALL OF FAME

Mike Berkens: There is no doubt in my mind that Mike Berkens deserves to be in the Domainer Hall of Fame. Without question, Most Wanted Domains, the company Mike founded, has one of the top generic domain portfolios in the world. In addition to this, Mike’s blog, TheDomains.com, is one of the best sources of information about the domain industry, and Mike breaks down how outside factors will impact our domain investments and developed websites. Mike attends most of the domain conferences, and he is very approachable, always willing to give advice and offer honest feedback.

THE “WE GET IT” AWARD

Candy.com: This one was pretty easy. A small candy company bought Candy.com for $3,000,000 and have greatly increased their brand recognition and traffic. They went from being somewhat unknown to owning one of the best generic domain names that money could buy – and arguably the best in their industry. At every tradeshow, the Candy.com team will be instantly recognizable whether other vendors and buyers actually know them. This was a very smart strategic move.


DNForum

ICANN Issues to Be Concerned About

2

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.


DNForum

Use Caution When Updating Whois Information

0

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 be remedied somewhat quickly if you contact them, it is a nuisance.

Yes, maintaining your valid Whois information is most definitely important – especially if a signficant event has impacted it (ended partnership, bankruptcy, company formation, divorce…etc).  However, keep in mind that changing your Whois information could put your domain name at risk depending on who is monitoring your Whois listing.


DNForum