I was surprised to see that MelanieOudin.com did not rank in the top 100 Google results on a “Melanie Oudin” search. Almost without fail, Google will rank the developed keyword .com domain name fairly well on a search for the exact keyword phrase. I then checked to see if the website was even listed in Google at all by searching for MelanieOudin.com directly. It was then that I found the culprit for its omission from the top 100 results – the site isn’t indexed in Google.

Whether the site isn’t ranking because it’s new (not sure) or whether Google penalized it for some reason, now would be the best time for it to be listed among the results, as “Melanie Oudin” is one of the top searches right now on Google, Yahoo, Twitter…etc. If the site was indexed, it would almost certainly receive more traffic, which could lead to bigger things such as endorsement deals and sponsorships.

There is something Melanie Oudin’s family can do to ensure the website is indexed in Google. In fact, I recommend that all website owners do an exact search for their domain name, and if it’s not listed among the results, they should think about filing a Google Reconsideration Request (requires a free Google account). This will tell Google that you have a legitimate website, and that Google should reconsider listing it. Since Google generally lists all websites they can find (based on links to it which do exist), they frequently have a reason for omitting a website.

Requesting reconsideration can get your website indexed in Google quickly, and it’s a smart thing to do, especially when there are a lot of people searching for you or your keywords.

The first and probably the most obvious concern is prior TM infringement with a domain name that may have multiple meanings. If a domain name was previously parked, and the PPC links infringed on another company’s mark(s) where the domain name is also confusingly similar to that company’s marks, the company may have a legitimate complaint. If a new domain owner takes possession of the domain name, it doesn’t negate the issues that existed before. The complainant could cite prior use of the domain name, and the new owner’s claim of non-responsibility probably wouldn’t fly.  I think this is especially so in the case of three letter .com domain names, where there may be many companies whose trademarks could be infringed upon.

If a domain name was involved in spam or phishing emails, the new owner may be held accountable.  I am not an attorney, so I am not going to say what liability may exist, but from a public relations perspective, it could be detrimental. People may have posted their spam/phishing messages in forums or other websites, all linking back to the domain name. If the domain name gets developed into a website, it might be tough to be legitimized if enough questions were raised – forever linked in Google search results.

In addition to these issues, there are also spam blacklists that exist. If a domain name is put on the list, many mail servers may not accept incoming mail from certain domain names. While that may not be important for mini-sites or for parked domain names, if a business is built on that domain name, email access will be critical. A company may be able to appeal to the blacklists (like Spamhaus), but I don’t know how to handle that.

If a domain name was previously parked or if there were other major problems with it, Google and Yahoo may have banished the name from their listings. Upon changing ownership and/or building a new website on the domain name, it might not even appear in Google or Yahoo because of the domain name’s past history. There is a way to remedy this however, by filing a reconsideration request with Google or asking Yahoo to re-review the website. Neither of these will guarantee that your site will appear, but it’s a good start.

Research is key when buying a domain name. Archive.org offers a great tool to see what the website looked like at various points in time, allowing you to see the history of the site.  Domaintools also offers many valuable research tools to see the ownership history, blacklist history, screenshots, and some other useful tools. While you may think you are buying a domain name with a clean history – or one whose history will be cleared when you buy it, but it reality, it’s always buyer be ware.