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Domain Name Discussion

Hands-on Discussion About Domain Names, by David Green, Internet Marketing Consultant.....    Locating good domain names is getting much tougher as time goes by, especially regarding registering good dot-com names, which are the most valuable. If you are making a web site, you will need to evaluate the domain closely. The better the domain the better the chance to get direct navigation traffic which is mostly valuable targeted typein traffic. The domain name is a major factor in enticing visitors and getting traffic . . . so be sure to use a good domain name that is appealing, targeted and containing your important keywords which are also strongly related to your business, products or online services now provided or planned for the future.

There are many ways to find a good domain name. A good method we suggest to acquire good domains is spending considerable time at the major domain name discussion forums reading the threads and posts of interest, including two of our favorite domain-name forums which are DNForum.com and DomainState.com. If you are inclined toward development and programming issues the best discussion forum we have found and one we personally use whenever we have any technical questions such as using .htaccess files and html is WebmasterWorld.com which has many sub-forums including a domain name discussion forum, which is not as active as the domain forums mentioned earlier but does occasionally offer some good domain discussions.

Once you locate a good domain which is unregistered you should try to quickly register the domain using a domain name registration web site such as RenewDomainNow.com which provides domainers the same broad array of domain services, support, benefits and features as offered by the #1 domain name registrar GoDaddy.com but has lower prices for new domain registrations and domain transfers so you can save money, especially if you have a larger domain portfolio. If you are looking to buy a quality domain with well targeted existing organic traffic we suggest you contact us since we own a number of premium high-traffic and high-revenue domains which may be available.

A Viable Defense for Domain Owners, By Liz Oliveira.....    A court in the Southern District of Florida recently barred a trademark owner, who sought possession of a domain that allegedly infringed on his mark, from asserting claims under then Lanham Act and the Anti-Cybersquating Consumer Protection Act (ACPA) due to the Doctrine of Laches, thus dismissing the case in favor of the defendant.

The doctrine of laches is considered in the legal realm to be an “equitable defense” that rewards those who diligently assert their claim and penalizes those who procrastinate when avowing their rights. Under this doctrine if party delays in stating their claim and as a result that delay unfairly prejudices the opposing party then the opposing party may assert the defense of laches. Generally, for a party to be unfairly prejudiced it must be shown that as a result of the delay the opposing party is in a worse position now then at the time the claim should have been brought.

In the case at hand the defendant acquired assets including the domain diamondbrite.com and trademark rights in the mark “Diamond Brite” as it apples to electronic signs. In 2002 the plaintiff, owner of the “Diamond Brite” trademark with respect to cleaning products, sent an email to the defendant seeking to procure the domain. No action was taken upon this request. In 2005, the plaintiff sent a cease and desist letter to the defendant and demanded immediate possession of the domain. The defendant refused the transfer but asked for more information regarding the plaintiffs’ trademark. The defendant did not hear from the plaintiff again until 2007 when they received a second cease and desist letter to transfer the domain which the defendant again refused. After the second refusal the plaintiff sued the defendant for trademark infringement under the Lanham Act and the ACPA.

In response to the lawsuit the defendant filed a motion to dismiss the case based on the defense of laches. The court asserted the defendant needed to prove three elements to be successful on a laches defense. These elements are (1) a delay in asserting a right or claim; (2) that the delay was not excusable; and (3) that there was undue prejudice to the party against whom the claim was asserted. In applying the elements to the case at hand the court determined that the plaintiff’s actions, which consisted of merely sending an email and letters over the course of five years, constituted a delay. Second, the court believed that there was no excuse for the delay. And third, the court determined that the said delay would unfairly prejudice the defendant as it would require them to amass eight years worth of evidence which the court found to be burdensome. Based on this analysis the court granted the defendant’s motion and dismissed the case under the doctrine of laches.