Domain Name Questions

Tucows Wins Lorenzo.com UDRP

Tucows LogoIn January, I reported that a company called Lorenzo International had filed a UDRP for the domain name, Lorenzo.com. This domain name is owned by Tucows and is a part of the company’s NetIdentity suite of first and last name domain names, some of which have been the subject of successfully defended UDRP filings in the past.

According to the discussion in the UDRP decision (not yet available online), the company’s usage of Lorenzo.com is legitimate, and the complaint was denied. From the UDRP decision:

“there is no evidence that the Respondent’s continuing use of the domain name in the same way in connection with its Personal Names Service is not bona fide. The Respondent states that it was not aware of the Complainant or of its claim to trademark rights until it received the Complaint. The Complainant has therefore demonstrated that prior to any notice to it of the dispute it used the disputed domain name in the bona fide offering of its services.”

Based on prior results of similar cases, it’s not really surprising to me that Tucows prevailed in this UDRP. As a domain owner, it’s frustrating to see another UDRP case filed where one company thinks it has more rights to a descriptive domain name than the registrant.

A three person panel with Desmond J. Ryan AM, Dan Hunter, and David E. Sorkin ruled on this UDRP decision. Tucows was represented by AlvaradoSmith.


2 Comments

gTLD Management

Lorenzo International Limited Takes Aim at Tucows’ Lorenzo.com

According to the World Intellectual Property Organization’s website, it appears that Lorenzo International Limited has filed a UDRP for the generic, first-name domain name, Lorenzo.com, which is owned and operated by Tucows.

From the outset and without any specific information related to this case, I believee Lorenzo International Limited will have a difficult time proving it’s case.  At the present time, Lorenzo.com is being used by Tucows as a vanity email service, and the domain name appears to be a part of the company’s NetIdentity suite of first and last name domain names. In fact, it wasregistered to NetIdentity prior to Tucows’ acquisition.

Tucows has already successfully defended a number of similar cases, including UDRP filings for:

Tucows has lost a few similar UDRP filings, perhaps giving hope to Lorenzo International Limited. In the Aubert.com filing, there was a dissenting opinion. The Ricard.com UDRP and the Weidner.com UDRP were lost as well. The Dunlap.com UDRP was terminated due to a lawsuit filed in Ontario.

In the Walls.com UDRP linked above, the company successfully defending its ownership while citing its use of the domain name in question, which to me, also seems to be applicable for Lorenzo.com:

“Since 1996, NetIdentity had been providing personalized e-mail blogging and web-hosting services through a collection of personal surname addresses.  NetIdentity had acquired thousands of surname domain names such as <smith.net> and including the disputed domain name <walls.com>. Customers with hosted websites with NetIdentity are given third level domain names corresponding to their own first name and surname, e.g. <bill.smith.net>.  Netidentity had this secured over 70% of US surnames as domain names.”

Considering the similar circumstances between the Lorenzo.com domain name and the Walls.com domain name, I don’t see why the company shouldn’t retain the rights to Lorenzo.com.

In my opinion, it’s upsetting that a company can so easily try and claim rights to a generic domain name that is being used by another company for its business operations. Of course Tucows can easily afford the legal fees in such an instance, but it’s upsetting to me that Tucows needs to defend this domain name.


17 Comments

Written by on January 6, 2011
Posted in: Legal News
Tags:
gTLD Management

Follow Domain Related Public Companies

You can learn quite a bit of information from public companies who must disclose just about every thing that could have an implication on the value of the company. Because of this, it’s a smart idea to follow the filings of various domain companies so you can read up on company filings, rather than rely on blogs and other news outlets who may or may not report on certain events/filings.

Some publicly traded companies that are required to make public filings that are related to the domain industry include the following (please let me know if I missed any company):

Google
Yahoo
Microsoft
Marchex
Top Level Domain Holdings
Tucows
Dark Blue Sea
Verisign
Banks.com

In order to follow these companies, I set up a stock portfolio in Yahoo specifically with domain industry related stocks. This allows me to see where they are trading as well as news reports and SEC (or other) filings. Don’t simply rely on others’ interpretations of news – and don’t get delayed news reports that fly under the radar (domain sales for example).

Follow these and other related companies and be more informed as a result.


4 Comments

Minds and Machines

Tucows Sells Million Dollar Portfolio

According to an 8-K Form filed with the Securities and Exchange Commission late yesterday, Tucows entered into an agreement to sell a small portfolio of 2,553 domain names for an aggregate price of $1,000,000.  Payment will be made in all cash, with $900,000 being paid at the close of the sale, $50,000 in August and the final $50,000 being paid in one year.

An interesting note in the filing, states “The agreement further provides that the purchaser will be entitled to purchase up to an additional $1.8 million of domain names from Tucows.com Co. between today and June 2010 on terms similar to the Agreement.

It would be interesting to know what terms are included in this agreement, and whether the names were sold because of their intrinsic domain value, or if they were sold based on a revenue multiple.  If it was the later, I would be curious about how much of a revenue multiple it is.

Congratulations to Tucows!

Also, I want to note that I was “tipped off” to this great sale after following Tucows GM Bill Sweetman on Twitter.  You can also follow Elliot’s Blog too!


1 Comment

gTLD Management