My domain KITCHN.com saved in UDRP

Hello and Assalamo Alaikum,

First, I would like to thank Mr. Howard Neu for accepting this case and later defending it successfully the domain KITCHN.com which is one of our prime properties.

Let me tell you some background before I shall tell you about the case in detail.

In October 2015, the law firm representing Kitchn.no contacted me for the purchase of my domain and started offer from $100 up to $7,000 to which no interest was shown.

Next in June 2016, the complainant filed UDRP on our domain Kitchn.com and Mr. Howard respresented me to defend and save the valuable domain.

Today, we got the news of winning the case.

Below is the detail:

“In a 3 person panel decision, the UDRP Claim for Kitchn.com was denied at WIPO. In the case of Kitchn Norge AS v. Abdulbasit Makrani, Case No. D2016-1189, a Norwegian company that held the Norwegian trademark for KITCH’N was too limited to a specific area (Norway and Sweden) as to apply to Bad Faith on the part of the Respondent Abdulbasit Makrani.  Here are some of the relevant excerpts of the decision:

The Panel notes that, at the time the disputed domain name was acquired by the Respondent, the Complainant had been trading in Norway and Sweden for some 18 years, had been the proprietor of the Norwegian trademark No. 221252 for KITCH’N for some 11 years and also appears to have been selling through the Internet for almost 2 years.

There is no evidence that the Complainant’s trademark might have been used outside Norway and Sweden and the Complainant’s website clearly targets consumers located in Norway since it is entirely in Norwegian.  Moreover, a Google search for “kitchn” shows several results unrelated to the Complainant and its mark.

The records indicate that the Respondent is a professional domain name registrant and acquired the disputed domain name through an automated process immediately after the original registration lapsed.  As highlighted in previous cases, the automated nature of the acquisition cannot be an excuse for turning a blind eye to trademark rights, since otherwise it would be the “perfect shield for abusive registrations”.  SeeResearch In Motion Limited v. Privacy Locked LLC/Nat Collicot, WIPO Case No. D2009-0320.

However, particularly given the nature of the disputed domain name as a contraction of the dictionary term “kitchen”, the Panel finds that nothing in the case file indicates that the Respondent had ever known of the Complainant’s rights or that the Respondent registered the disputed domain name to capitalize on the Complainant’s mark.

This finding is supported by the fact that the use of the disputed domain name does not show an intention to target the Complainant or its competitors, as the links displayed on the website published at the disputed domain name are mainly related to cooking recipes and not to the Complainant’s trademark and products.

Instead, in the case at hand, there is no evidence that the Respondent might have registered the disputed domain name with the intention to sell it to the Complainant or to trade off the Complainant’s mark.  Therefore, the Panel also finds that the Respondent’s refusal of the Complainant’s offer for the disputed domain name and his request of a higher sum do not amount to bad faith.

In view of the above, the Panel finds that the Complainant has failed to demonstrate that the Respondent registered and used the disputed domain name in bad faith.”

The Respondent AbdulBasit Makrani was represented in this case by the Law Office of Howard Neu, P.A.

I wanted to convey a message to all people around the world, I will try my best to defend my properties and won’t let them go easily.

Any feedback is welcome.

 

*UPDATE*WIPO decision here

From $23,000 offer to a $24,000 sale

Hello and Assalamo Alaikum,

It’s been some time I published my last post but that was due to guests at my place and was on little tour of hilly areas in my country. It seems I am back in action now 😉

Looking at the post title, one would definitely wonder that when I got starting offer of $23,000, why did I settle for 1K extra and sold it. Let me unfold the story for you…

From $23,000 offer to a $24,000 sale

The domain in question is 43Things.com which was nothing but a parking revenue generating from around 750,000 backlinks! It’s been making hundred of dollars every month for me and I had plan to sell this domain for at least 20K. I once listed in GoDaddy Auctions but didn’t meet the reserves and someone contacted me privately during that time and offered up to $10,000 which I happily declined.

Last month the buyer (current owner) of 43Things.com contacted and asked if this domain is up for sale and what I am looking for. As always, I asked the buyer to present his offer and it came out healthy one $23,000. I countered with $25,000 because I don’t usually quote high price when I get a decent opening offer and always price out what I actually would ask other buyers.

He countered with $24,000 which I accepted. This guy was really cool to deal with and he did wire the payment at Escrow.com within 24 hours of his first email of inquiry! Within 2 days the entire deal was completed except Escrow.com to verify transaction and release funds.

It was my 7th sale of the year and another 5 figure sale of 2016. Going great in terms of generating cash flow but number of sales are disappointing. Overall, it’s been fantastic year.

Feel free to give your feedback and share your recent sales.

Uniregistry App now on Android

Hello and Assalamo Alaikum,

Yesterday I received an email from Uniregistry as they announced Android App for users who were dearly waiting for it to be released. I just downloaded and used the app for a while and found it fantastic. No problems whatsoever as of now. I am sure there will be many more features coming into app in future but for now it looks great to me. I strongly suggest for Android users to install this app and give it a go.


Uniregistry
Do more on the go.
We can’t always be in front of our computers.
Wouldn’t it be great if you could take a bite-sized
version of Uniregistry to go? It’s here, it’s
beautiful, and it’s totally available for Android.
We suggest you grab it pronto, it’s pretty special.

app store
Seriously secure
Losing your phone is always a
possibility. Would you really want
to risk losing your domain
portfolios as well? All Uniregistry accounts can have
two-step verification enabled.
Double the security, double the
peace of mind, double the
protection.
Search like a pro.
Search by price, availability,
extension, or just search premiums.
Whatever you’re looking for, we’ll
help you find it. Filter the wheat from the chaff, and
do it all while wandering to get
your next coffee. Who said domaining
had to be difficult?
Payments just work.
You’re with Uniregistry. Easily
access your payment profile right
there in the app, add a few more,
sort out your renewals, and of
course quickly register new domains. It’s all right here.
Manage everything.
If you can do it on the web, you should be
able to do it while walking down the street,
and as easily as riding a bike. Forward, renew, add name servers, change
privacy settings, remove name servers— heck,
add an MX record over breakfast. Do it all
here. Everything you need is included.
Download it now for Android.

app store

Feel free to comment below once you have used and your feedback will surely be helpful for the app users and developers.

Some recent acquisitions until June 2016

Hello and Assalamo Alaikum,

As I previously shared my January and February 2016 acquisitions together, today I wanted to show some more domains which I acquired in recent time. Just wanted to add that I hit the 1300 mark of domains under my belt.

RIMG.com, JAYN.com, TIRC.com, ZSLI.com, ZRSI.com, ZAIC.com, JISB.com, GITZ.com, ACAW.com – Some of the 4L .com I bought recently. I am always looking for similar combinations.

GutCheck.com – This domain was previously owned by Mike Berkens and sold to GoDaddy when he sold his big chunk of portfolio to them. I bought from GoDaddy with the help of Jamie Zoch. Thanks to him for finding the gem at reasonable price.

Komex.com, Vican.com, Primarius.com, CityFirst.com – I love such brandable domains which can be developed into anything. The more possibilities, the more bigger reward.

Klinkenberg.com, TomWhite.com, Ayushi.com – Difficult not to list person names when sharing recent acquisitions 😀

TheCow.com – Very aged domain (1996). Although age doesn’t matter when I buy domain but I am always fond of “the” domains.

BioHair.com – Sensible health related domains always pay off well and it’s one of them.

FairDeal.com – Deal domains always do well and this domain can turn out to be one of the biggest shopping/deals portal.

POM.org, WIL.org – Since I last mentioned of buying LLL.org domains, the prices have gone a bit high. I am creating competition but that’s okay as far as I am bringing awareness and sharing what I think is right to buy in current market.

LaCity.com – The City or Los Angeles City or anything else city as well.

SignatureRealty.com – Authorititive name for any real estate agency/firm.

To summarize things in short, I look for domains where I can see lot of potential and possibilities for endusers to develop my domain into anything they like to. The more restricted, the less chance of selling and getting good price.

Feel free to comment and share your recent acquisitions as well 🙂

From $1,000 offer to a $28,000 sale

Hello and Assalamo Alaikum,

It’s been a while since I discussed my last domain sale. As everyone knows we are in the middle of this year and my target to make 20-24 sales per year is quite far away right now. This is my 6th sale of this year and I am not happy with the number of sales but what I can say is the total revenue generated is great so far but numbers of sales are not up to the mark.

What I have also noticed is the number of inquiries since the beginning of 2016, which has been on the low side. I have discussed this with fellow domainers and most of them were in the same boat.

From-$1,000-offer-to-a-$28,000-sale

Coming to the sale which I just completed through Sedo was for the domain BrightEnergy.com which eventually sold for $28,000. Buyer contacted through Sedo with initial offer of $1,000. I countered with $38,888. As the negotiation history cannot be seen right now because the sale is completed, I cannot share exactly how we negotiated further but it was something like buyer gave 5K, 10K, 12K, 15K, 17.5K, 18,300, 27,500. I wanted to tell that buyer also came through Afternic broker and those mentioned counter offers were included from both platforms. I knew the buyer is same and using Sedo and Afternic simultaneously. The entire deal took almost a month to get completed from the initial offer to completing the transaction.

I wanted to thank Brian Michitti (Sedo broker) who was very good in handling this entire transaction on my behalf and very quick in taking necessary actions on time.

Feel free to give your feedback and share your recent sales.