Posts Tagged ‘Generic’

The Best Generic Domain Portfolio Sale in Years – The Multi-Million Domain Auction That No One Knew About – Part 5

Written on December 14th, 2009 by directnavigation57 shouts

We are now in the final moments. Both bidders, me being one, are on a conference call with the company selling the domains. The conference call started a few bids earlier. Up until then, we had been receiving phone calls from the company. The company would then tell us the bid status and then we would tell them our increased bid. Since the bidding has gone on so long they decided to put us together on a conference call. I now knew who I was bidding against. It turned out to be the party I thought it was. At that moment I knew what the outcome would be.

Time can sometimes fool you. A few seconds can feel like an eternity. Using that logic I probably took years off my life during the few moments I waited after we gave our last bid. Our last bid was a large increase. I then hear the other party say…. 25k more. It’s over.

Was I disappointed? Of course I was. However, you can’t win every battle you go into but I do feel I did everything possible that I could have done. I also feel if we had went millions higher, he would have come back with 25k more.

Who was the other party? He was the former chairman of the company that was selling the domains. He is someone I have spoken with in the past and have the utmost respect for. I thought he had already owned these domains. However, as it turns out he did indeed own many great names, but these particular names were owned by his old company and not by him.

I believe he feels as strongly about generic domains as I do. I do not know for certain, but he probably was the one who registered them for the company originally and might have felt that they were like a part of him, sort of like children. I know that is the way many domainers feel about their domains. In the end, I feel he deserved them.

Here is the sec report filing on the sale:

On February 25, 2009, we entered into an agreement to sell the assets of Domain.com, our wholly owned subsidiary, to A. Emmet Stephenson, Jr., Inc. (“Mr. Stephenson”) in exchange for cash of $7,075,000. The assets of Domain.com consist of domain names, trademarks and corporation names. We conducted an auction for the assets and received bids from multiple parties, including Mr. Stephenson. Mr. Stephenson presented the highest bid, which represented the selling price, of $7,075,000 and the sale was completed effective February 25, 2009. Mr. Stephenson is one of our co-founders, has managed the Domain.com subsidiary since 2006 and owns approximately 20% of our common shares outstanding. Because the transaction involves a related party, the Audit Committee of our Board of Directors considered and approved the transaction.

Here is a list of the domains:

Domain Names
401-K.com
Airlines.com
Anniversary.com
Annuities.com
Birthday.com
Bookings.com
Bookshelf.com
Bourses.com
Car-Rental.com
Christmas-Gifts.com
Communications.com
Cumpleanos.com
Currencies.com
Dining.com
Distributors.com
Dividends.com
Doctors.com
Electronics.com
Exchanges.com
Excursions.com
Frequentflyer.com
Guidebooks.com
Hospitals.com
Investments.com
Municipals.com
Museums.com
MyValentine.com
Products.com
Profits.com
Royalty.com
Ships.com
Taxfree.com
Technology.com
Tee-Times.com
Ticketrez.com
Wedding.com
Wholesale.com

Hostess Loses UDRP for Hostess.com – Great Decision for Generic Domain Holders

Written on December 9th, 2009 by directnavigationno shouts

Hostess, the maker of Twinkies, Hoho’s and other delicious, unhealthy snacks lost the UDRP case for the domain Hostess.com. this appears to be a great decision for generic domain holders.

The UDRP panel issued the following:

Although the Domain Name is identical to Complainant’s well-known trademark, Respondent is correct when it emphasizes that “hostess” is also a common word subject to substantial third-party use. Without any further evidence of specifically targeting Complainant and its trademarks, or use of the Domain Name in a manner that supports a finding of seeking to profit from Complainant’s mark, this Panel cannot, on the balance of the probabilities, adopt the inferences which Complainant urges.

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