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Radix premium domains report: $1,217,240 revenue, 67% premium renewal rate

OnlineDomain.com OnlineDomain.com: Radix published its premium domains report for the 1st half of 2017. Here is the report: Radix crosses $1 MILLION in premium name revenue. 1,217,240 In Premium Revenue 727 Premium Domains Registered & Renewed New Premium Registrations New Premium Registration Revenue: $640,641 New Premium Names Registered: 469 Premium Renewals 258 Premiums Renewed $576,599 Premium Renewal Revenue 67% Premiums have …
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Love Name.com? Earn rewards by telling your friends

Whats Your Name Whats Your Name: We love our customers here at Name.com and we hope you love us just as much—because if you do, you can earn some cool perks by referring your friends and colleagues with our Referral Program. Everyone wins Whenever you refer a friend to us, we’ll give them a cool $5 in account credit so they […]
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After 21 Years, Actor David Duchovny Wins His Domain Name

CircleID CircleID: Actor David Duchovny wins his domain name davidduchovny.comWhile plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name <davidduchovny.com> was registered may set a record for the longest wait in a domain name dispute.

Duchovny is perhaps best known for his role as FBI Special Agent Fox Mulder in the science fiction TV series The X-Files, which ran from 1993 to 2002. The series was revived in 2016 and, recently, renewed for the 2017-18 TV season.

The domain name <davidduchovny.com> was created when Duchovny was popular on TV in 1996, in the early days of cybersquatting and before the UDRP was even created. (The first UDRP decision was not issued until January 14, 2000.)

Jeff Burgar, Bruce Springsteen and Other Celebs

The original registrant of the <davidduchovny.com> domain name, "Alberta Hot Rods c/o Jeff Burgar" ("Burgar"), is no stranger to domain name disputes. Burgar may perhaps be best known as the registrant of the domain name <brucespringsteen.com>, which he successfully defended against the singer in an early (January 2001) UDRP decision.

I often refer to the <brucespringsteen.com> decision when talking about the history of domain name disputes and the lack of certainty that exists in the UDRP system. In that controversial case, Burgar filed what the panel described as "a substantial response." A divided three-member panel found that Springsteen had failed to prove two of the three required UDRP elements, largely because of Burgar's non-commercial use of the domain name, and allowed Burgar to keep the domain name, which he retains to this day (under the registrant name "Bruce Springsteen Club"), although it does not appear to be used in connection with an active website.

Despite Burgar's surprising success in the <brucespringsteen.com> case, he lost a number of other early UDRP decisions involving celebrity domains, including those for singer Celine Dion, actor Kevin Spacey, and author and director Michael Crichton, all in 2001.

But domain name disputes against Burgar have slowed in recent years, perhaps because many of those celebrities who wanted to pursue their claims already had done so (or decided not to do so). Why Duchovny waited until 2017 to act is unclear, though perhaps the renewed interest in The X-Files may have played a factor. (Recently, Duchovny has been using the domain name <davidduchovnymusic.com>, which was just registered in 2016.)

The Role of Laches

Interestingly, despite the passage of nearly 21 years between registration of the domain name and filing of the UDRP complaint, Duchovny apparently never obtained a trademark registration on his own name, as the UDRP decision refers only to common law trademark rights. While the decision says that Duchovny "adequately pled [his] rights and interests" in his own name, it is surprising that the actor did not obtain a trademark registration before filing the complaint — especially considering that he was in no rush to get the domain name.

As for the delay itself, the panel certainly took note of it, writing: "This Panel lacks equitable powers; therefore, even a delay of 21 years does not implicate laches."

However, the panel did not disregard the potential impact of the delay altogether. In evaluating the bad-faith factor under the UDRP, the panel wrote that it "finds that the record does not support a finding that registration alone of the disputed domain name for 21 years caused any Internet users to be confused as to the source or origin of any goods or services and there were certainly no lost profits or loss of business or goodwill." In other words, the 21-year delay could have undermined Duchovny's case.

However, the panel nevertheless found bad faith, considering Burgar's track record of losing UDRP decisions, "the widespread fame of Complainant as a Hollywood actor," and Burgar's failure to make active use of the domain name.

The fact that Burgar failed to file a response (though not always a decisive issue in UDRP cases) also may have contributed to Duchovny's success in the UDRP case.

No Domain Name Too Old?

While the Duchovny case is, like any legal dispute, dependent on its own facts, it is also a reminder that perhaps no domain name is too old to be considered for a UDRP complaint.
Written by Doug Isenberg, Attorney & Founder of The GigaLaw FirmFollow CircleID on TwitterMore under: Cybersquatting, Domain Names, UDRP

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More photos from Chinese domain conference GDS.2017

Domain Name Wire Domain Name Wire: Another look at the Global Domain Summit in Xiamen, China. Yesterday I posted photos from taken in Xiamen, China for Global Domain Summit (GDS) 2017. As promised, here’s a follow up with more photos taken during the event. The photos are courtesy of Chinese consultancy Allegravita, which has helped a number of Western domain name […]
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EFF: Internet Went All Out in Support of Net Neutrality

CircleID CircleID: Yesterday's "Day of Action to Save Net Neutrality," resulted in more than 3.4 million emails to U.S. Congress and more than 1.6 million comments to the Federal Communications Commission. EFF says: "[T]he Internet went all out in support of net neutrality. Hundreds of popular websites featured pop-ups suggesting that those sites had been blocked or throttled by Internet service providers. Some sites got hilariously creative… Together, we painted an alarming picture of what the Internet might look like if the FCC goes forward with its plan to roll back net neutrality protections: ISPs prioritizing their favored content sources and deprioritizing everything else."
Follow CircleID on TwitterMore under: Access Providers, Net Neutrality, Policy & Regulation

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Pheenix increases backorders for com/net to $59.99

OnlineDomain.com OnlineDomain.com: Pheenix announced that it will be increasing pricing for Gold backorders to $59.99 for com/net. The change will be effective on July 15, 2017. There will also be increases for other domain extensions. This is the 3rd increase for Pheenix in the past year. On January 15, 2017, pricing for Gold backorders went to $38.99 and Super Savers to …
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Could the next new gTLD round last 25 years? Or 70 years?

DomainIncite DomainIncite: Will the next new gTLD round see 25,000 applications? If so, how long will it take for them all to go live? The 25,000 figure is one that I’ve heard touted a few times, most recently during public sessions at ICANN’s meeting in Johannesburg last month. The problem is that, judging by ICANN’s previous performance, […]

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So, That’s the End of Bitcoin Then; Nike Will Sell Sneakers Directly On Instagram ; How Power Profits From Disaster

The Frager Factor The Frager Factor: Apple Predicted to Become Trillion Dollar Company Within 12 Months; Which Domain Name is Best for Your Business? Meet The Man Traveling The World On $25 Million Of Bitcoin Profits; Ray Kurzweil's Mind-Boggling Predictions for the Next 25 Years; Former Barclay’s CEO Warns Banks of ‘Kodak Moment,’ Pushes to Embrace … cryptocurrencies: Jawbone, Once Valued at $3 Billion, Is Going Out of Business;

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auDA explains secretive new regime in bid to save chair

DomainIncite DomainIncite: auDA has explained why it has refused to put controversial new policies to a vote, as it recommended that members vote to save the job of chairman Stuart Benjamin. In a letter to members published this week, the .au ccTLD administrator said it was not legally obliged to allow members to vote on its directors’ […]

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