Category Archives: Legal Matters
For any creative or intellectual work to be protected by copyright law, it has to be an idea that has been fixed and expressed in some type of medium. It is also imperative that the expression of this idea is original. Originality is most recognized through a modicum of creativity in the manner in which the idea has been expressed. In other words, once a work has been completed and then fixed in some medium through which it can be produced, such as the hard drive of a computer, paper or the cloud, and the work can be classified as original, it can then be copyrighted.
We all know what the expiration dates are on our domains. What we don’t know is when OUR expiration date is.
Sadly, we’ve lost several of our friends in the industry over the last few years. Even sadder is that in almost all cases their portfolios and businesses were left in limbo leaving loved ones to scramble to save or recover lost assets. This applies not only to your death but a serious injury or illness that leaves you unable to take care of business. I thought I’d provide just a small sample of what you should do to protect them.
Antitrust Laws Are Designed To Promote Fair Competition
Antitrust laws are how competition in the business world is regulated. These laws are often misunderstood and commonly used as part of strategic planning by large corporations. Using antitrust laws as part of a design for business growth has gotten little interest from researchers in business strategies. A business needs to prepare for its rival’s antitrust strategy. The government also files a number of antitrust lawsuits against companies. The exploitation of antitrust law is happening more often in the corporate business environment.
It was reported on Mike Berkens blog that more than 5k domains were taken away by a sealed court order. That number later increased to approximately 9k when Phil of Whoisology investigated further. If some of Berkens domains weren’t taken, this whole thing might have flown under the radar. There have been some domains taken in error and the 3 of Mikes were among them. I haven’t seen either an official notice of the domain seizure or the remedy if yours was one taken in error. Thanks to TheDomains.com we do have the information. Thank you, Mike.
I know some of you have been following the unfortunate posting on some of the blogs. In the interest of transparency I am stating CLEARLY, if you want to post a comment with allegations of criminal activity, bad practices or abuse, have the proof!
I will be moderating comments. Instead of spreading this even further on the blogs, I have responded to a sampling of the posts here:
Always check the fine print – Escrow service providers are third party contractors whose trustworthiness must be assessed!
I did a post last week about choosing an escrow company and due diligence. Since then I’ve had many people ask me questions about what to look for so I put together a list of the companies I checked and what I found.
Generally if you are using an escrow company there is a fair amount of cash involved. Save yourself headaches by doing your homework to be sure you are using a company that is licensed, insured and bonded. If you can’t find what you are looking for, call them! Ask for documentation. This is your money, if everything is in place, they’ll be happy to assist you. If they aren’t forthright with their replies..run! It’s a lot less expensive in time and money to avoid a problem than to fix one..if it can ever even be fixed!
Here is some of the information I was able to find:
Choosing an Online Escrow Company
After reading all the threads at DNForum about problems with Toby Clements escrow service and seeing a great article about due diligence, posted on Andee Hill‘s feed on her Facebook page, I decided it was time for some due diligence of my own. I’ve put together some important questions for you to ask before you put your money on the line.
What are Online Escrow Services?
Online escrow services are when a neutral third party reduces the risk of an online transaction by providing equal protection to the buyer and seller. The party wishing to purchase the domain will give the escrow company the requisite money, and the party selling the domain will transfer the ownership of the domain. Once this has been completed, the escrow company will then give the necessary parties the documents or the money at a previously determined time. Neutral, by my definition goes outside of the specific transaction to include is the escrow company neutral? Do they have anything to gain by knowing the specific information of my transaction?
How Do I Know if an Escrow Service is Licensed?
First of all check the obvious, who issued the license and for how long have they had it. Getting properly licensed is something that can take considerable time and effort. Every legitimate company should be able to point you to their licensing authority. If the license was issued in a foreign country and you think you are doing business with someone in the United States that should raise a red flag. From where the license is issued will most likely dictate the laws that your transaction are subject to. In addition to licenses these companies should also have insurance policies and bonds in place. If you are doing a high 6 or 7 figure transaction you might want to check these out. What would happen to your funds or domains should your escrow company go out of business, would this licensing agency get involved to make sure everything turns out right? It is also prudent to visit www.bbb.org for a check.
In an increasingly connected environment, the impact of your digital presence contributes to the strength and growth potential of your brand. As a business identifier, your domain name is an important part of your brand and forms part of your intellectual property. Domain scams, such as reverse hijacking, have proliferated because businesses attach a financial value to their domain names.