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Microsoft Sues Maltuzi, Others

Microsoft Corp. has filed a federal lawsuit in San Francisco accusing “domain taster” Maltuzi LLC of violating the Anti-Cybersquatting Consumer Protection Act, trademark infringement and unfair competition. It’s part of a renewed effort by the Redmond, Wash., software giant to combat alleged cyber-squatting. The company detailed a list of suits and settlements in a news release this morning.

Maltuzi, based in Mountain View, Calif., is one of the most prolific domain tasters. To taste a name is to register it for a maximum of five days and evaluate how much traffic it gets and how much revenue it generates from paid-search ads. If the name generates more revenue than the annual cost to register it, the taster keeps it. Tasting exploits a rule that allows domain-name registrars to return to VeriSign within a five-day grace period any .com or .net name that was registered for a customer by mistake, and to recoup the $6 wholesale price.

Maltuzi has at times tasted hundreds of thousands of names a week, according to people familiar with the matter. Microsoft claims Maltuzi has profited by registering more than 450 names that are typographical variations of its trademarks — including the addresses winowsmediaplayer.com, winowslivemessenger.com and microoutlook.com — and displaying paid-search ads on the sites. Microsoft is seeking an injunction blocking Maltuzi’s use of the names. It also seeks monetary damages, and to have the domains in question transferred to it.

One cannot taste without a registrar’s consent. Maltuzi has used the registrar NameKing.com, owned by Oversee.net, a Los Angeles-based company. Oversee is one of the biggest players in the domain market, owning more than 500,000 names itself.

Maltuzi’s name registrations have raised concerns from bloggers and a credit-union trade group, among others. The company did not immediately respond to a request for comment on the Microsoft suit sent via email.

In a recent BusinessWeek article discussing the controversy surrounding tasting, a person called “T. Salonen” was named as the manager of Maltuzi. Salonen told BusinessWeek that there’s nothing wrong with the company’s tasting efforts. In an email, he told the magazine: “We … purchase those domain names which have certain traffic levels or pay-per-click viability and return those which do not meet those and other criteria.”

The Trouble With Switching Web Addresses

The Wall Street Journal’s Kevin Delaney discusses how the quirky rules of Google and other search engines can cause Internet sites to slide in search-engine rankings when they switch domain names. (Full disclosure: I’ll soon begin a freelance editing job for the Online Journal.) Delaney also reports that news site Topix.net recently paid $1 million to a Canadian company for Topix.com. Delaney writes of the search-engine rules:

Among the most common reasons for unpredictable changes in rankings are frequent updates to search engines’ algorithms. These mathematical formulas analyze billions of Web pages for dozens of factors, such as the most prominent words on the pages and what other sites link to the pages, in order to determine how to rank them for relevance to a query. Search companies change algorithms partly to frustrate people who try to inappropriately boost their sites in the results, but legitimate businesses sometimes feel they’re caught in the crossfire.

Dotster: We Halted Domain “Tasting” in November

Dotster, the domain-name registrar, said in recent court documents that it stopped the controversial practice of domain “tasting” in November, six months after a federal lawsuit by Neiman Marcus accused the company of massive cyber-squatting. The case has been settled, and details may emerge soon.

Court documents reveal details of how Dotster began tasting, stopped it, and then resumed it. To “taste” a name is to register it for a maximum of five days and evaluate how much traffic it gets and how much revenue it generates from paid-search ads. If the name generates more revenue than the annual cost to register it, the taster keeps it. Tasting exploits a rule that allows registrars to return to VeriSign within a five-day grace period any .com or .net name that was registered for a customer by mistake, and recoup the $6 wholesale price paid to the registry.

Dotster CEO Clint Page said in a court filing that the company has built a “significant” portfolio of domain names of its own. ICANN-accredited registrars are not barred from speculating in large numbers of domains under ICANN rules, though some in the domain market consider the activity a conflict of interest because their principal reason for existence is to serve customers wanting to register names.

Page said Dotster began tasting names for itself on a limited basis in December 2004, then stopped in early 2005 after the “applicable registry” — apparently VeriSign — disallowed registrars to do tasting. Dotster resumed tasting in June 2005, he said, “when the registry again permitted this practice.” Page said Dotster used automated systems to taste names that had not previously been registered, but that “had been typed into Web browsers on multiple occasions.” This indicates it had access to its own data, or obtained other data, on the surfing activities of Internet users. To earn revenue off its domains, Dotster served up pay-per-click ads sold by Google, which works closely with the domain industry.

“Dotster adopted a screening system in an attempt to ensure that the domains identified by its automatic process did not include third-party trademarks or clear misspellings of any such trademarks,” he said. It not only used computer programs to “scrub” names, but also had employees review names that it wanted to retain before the five-day tasting period expired. However, Dotster failed in its screening efforts. “Because of the volume of names and the time in which the employees had to complete their review, the process was not as effective as it should have been,” Page said.

Neiman Marcus accused the company of registering hundreds of domains infringing on its trademarks, as well as other large companies’ marks. The names included nemimarcus.com, neimanmarisu.com, neumanmarcos.com, and newmenmarcus.com.

Page said Neiman Marcus has “tried to create the impression that (Dotster’s) names all consist of typo-variants of trademarks,” but “this is not the case.” For instance, he said, Dotster owns generic addresses such as headlice.com, babyfun.com, laboratoryexperts.com, lowestpriceclothing.com and nailpolishfacts.com. (Update: A reader points out that Dotster no longer owns headlice.com, according to the Whois. Also, it appears the ownership of lowestpriceclothing.com may have changed hands.)

Dotster continued tasting even after the lawsuit, but put a stop to it in November and has no plans to resume the practice, Page said.

$4 Million in Domains Sold in Sin City

A live auction of Internet addresses at the Traffic West industry trade show in Las Vegas yielded more than $4 million in sales. Families.com fetched $650,000 (please see comments below, however), the biggest deal of the event, which was run by Moniker.com. Following is a list of the 10 largest sales, but you can see an entire list compiled by Richard Lau, who was there.

1. Families.com, $650,000

2. Greeting.com, $350,000

3. Blogster.com, $275,000

4. ET.com, $225,000

5. Settlement.com, $200,000

6. OL.com, $150,000

7. PX.com, $120,000

8. HomeForeclosures.com, $90,000

9. RealEstate.mobi, $85,000

10. Mozambique.com, $82,500

Nye Lands Big Investment, Talks With Domain-Name Legend

Frank Schilling, one of the world’s most successful domain investors, has a must-read Q&A with Tim Nye, founder of Geosign, on his blog. Geosign is a new media company that just announced it has raised $160 million in private equity from American Capital. Guelph, Ontario-based Geosign has been selectively buying generic domains from smaller investors to enhance its list of content sites, which include DietNation.com and ThinkFashion.com.

In the Q&A, Nye opines on the frequent disconnect between domain investors and private-equity investors:

The challenge for the typical domainer is that the investors want to invest in companies and not portfolios. A large PE firm is not going to give 100M to a guy who works in his basement in his underwear no matter how clean their portfolio is. I also don’t think they really get the underlying brand value. It’s definitely getting better, but it’s still not a mature investing community. Multiples are understood, but the typos and adult, and trademark issues are scaring people a little.

Domain Registrations Hit 120 Million

The number of domain names registered world-wide reached 120 million in the fourth quarter, up 32 percent from a year earlier, according to the latest report on the domain industry by VeriSign, which manages the database of .com and .net addresses.

The boost in registrations is indicative of the healthy Web economy and the recent boom in online advertising and domain resales. Many domain investors continue to point their addresses to so-called parked pages showing lists of pay-per-click ads related to the address. VeriSign says 23 percent of all domains in the .com and .net extensions are parked. It defines a parked page as a one-page site that’s either “under construction” or lists PPC ads.

Country-code domains, such as .cn for China, experienced strong growth, reflecting increased commercial use of the Web world-wide, as well as speculative investments in those domain extensions.

Addresses in the .com and .net extensions account for more than half of all domains.

VeriSign gets much of its data from Zooknic, run by University of Kentucky geographer Matthew Zook. For the full, six-page industry brief from VeriSign, click here.

Tandberg.com Cracks Top 15 of All-Time Domain Sales

I finally got around to checking DNJournal.com’s list of the top domain sales of 2007, now already two months old. Tandberg.com is the biggest publicly reported sale of the year, fetching $1.5 million in a private deal. The buyer and seller apparently are both Norwegian companies. According to my running list of the biggest reported domain sales in history, Tandberg.com ties Cameras.com, which sold at the live auction at the Traffic East domain conference last October, for 11th all time. Keep in mind that most domain sales are not publicly disclosed for reasons of privacy or competition. The sources for my list are DNJournal.com, which closely tracks the domain market, and published reports in newspapers and books. Here it is:

Name, Price
diamond.com, $7,500,000
business.com, $7,500,000
korea.com, $5,000,000
altavista.com, $3,350,000
vodka.com, $3,000,000
loans.com, $3,000,000
wine.com, $3,000,000
creditcards.com, $2,750,000
autos.com, $2,200,000
express.com, $2,000,000
cameras.com, $1,500,000
tandberg.com, $1,500,000
men.com, $1,300,000
bingo.com, $1,100,000
wallstreet.com, $1,030,000
fish.com, $1,020,000
if.com, $1,000,000
beauty.cc, $1,000,000
linux.com, $1,000,000
websites.com, $975,000

Who Owns eBayInc.com?

A tipster points out to me that it’s not eBay Inc., the San Jose-based online auction company, one of the most brilliant businesses ever created on the information superhighway. Instead, it’s Houston-based Internet REIT. The giant domain speculator, backed by private-equity investors such as Maveron LLC, which was co-founded by Starbucks Chairman Howard Schultz, has owned the domain name for at least 10 months, according to DomainTools.com. It’s among thousands of domains Internet REIT has acquired that are variations of famous trademarks. A visit to eBayInc.com shows that the domain is parked with advertising broker Oversee.net. Among the marketers whose ads appear on the site is none other than eBay itself.

iREIT Loads Up on “Typos” of Disney, Misspells Dyslexia

Internet REIT, the domain-name giant backed by large private-equity players, has stopped displaying ads on more than 200 domains that are “typos” of major brands following two news reports over the weekend on this blog. But it is still running pay-per-click ads on many other sites that are typographical variations of large American companies. Among them: The Walt Disney Co. A list of more than 60 iREIT-owned Disney-related domains is posted below.

The Houston-based company owns and runs ads on scores of typos of generic words, too, in addition to those that raise potential legal risks. One of its generic typos happens to be dislexsia.com, a misspelling of dyslexia, the learning disorder. Ironically, one of iREIT’s founders, Marc Ostrofsky, a domain-industry legend who sits on the company’s board, has battled dyslexia, according to this 1999 article in the Houston Business Journal (see clarification below).

iREIT’s financial backers include Maveron, co-founded by Starbucks Chairman Howard Schultz and former investment banker Dan Levitan. In an article last year in the Puget Sound Business Journal, Levitan, a member of iREIT’s board, expressed his enthusiasm for the domain market, saying: “Step one in the development of this industry was the realization of the value of the traffic and the aggregation of names and portfolios.” The second step: Creating “a relevance, so instead of just landing on these pages, there’s some compelling reason to stay and perhaps come back.” I’m seeking an interview with Levitan and Schultz to see if they’ll discuss iREIT’s ownership of thousands of typos of major brands, including Starbucks.

iREIT CEO Bob Martin and President and Chief Operating Officer Craig Snyder told me in a joint interview over the weekend that the company still has a lot of work to do to figure out how to effectively identify and remove “legally sensitive” domains. The company has owned many of its typos for months. Said Martin: “We are confident that in a short time we’ll have a good handle on these issues. I’ll never say we’re going to be 100 percent perfect.” In a January email interview, Martin said: “We take a very strict policy against holding vice or potentially legally sensitive assets in our portfolio.”

Here are some of the Disney-related domains it has purchased:

DISNEYKIDSCHANNEL.COM
DISNEYLAND-ORLANDO.COM
DISNEYLANDC.COM
DISNEYLANDDAYSINN.COM
DISNEYLANDJOB.COM
DISNEYLANDTHEAMPARK.COM
DISNEYLANDTOKYO.COM
DISNEYLANG.COM
DISNEYLANT.COM
DISNEYLATIDO.COM
DISNEYLATINNNO.COM
DISNEYLATINOJUEGOS.COM
DISNEYLATINOO.COM
DISNEYLINE.COM
DISNEYMANIA4.COM
DISNEYMANIA6.COM
DISNEYMANIAFOUR.COM
DISNEYMOBLEPHONE.COM
DISNEYMOVIECAR.COM
DISNEYMULAN.COM
DISNEYON.COM
DISNEYONBRAODWAY.COM
DISNEYORLANDORESORTS.COM
DISNEYP.COM
DISNEYPARTIES.COM
DISNEYPIXARMOVIES.COM
DISNEYPLAYTIME.COM
DISNEYPLYHOUSE.COM
DISNEYPRESCHOOLGAMES.COM
DISNEYPRINCESES.COM
DISNEYPRINCESSGAMES.COM
DISNEYPRINCESSS.COM
DISNEYPRINESS.COM
DISNEYPRINSESSEN.COM
DISNEYSPRINCESS.COM
DISNEYSTINKERBELL.COM
DISNEYSTOOR.COM
DISNEYSTRORE.COM
DISNEYSUMMERGAMES.COM
DISNEYTHANNEL.COM
DISNEYTHEMEPARK.COM
DISNEYTORE.COM
DISNEYVIDEOGAME.COM
DISNEYW.COM
DISNEYWORLDGAMES.COM
DISNEYWORLDINFLORIDA.COM
DISNIECHANNL.COM
DISNIECHANNLE.COM
DISNIEYCHANALE.COM
DISNIYGAMES.COM
DISNNECHANNEL.COM
DISNNEYCHANELGAMES.COM
DISNNEYSTORE.COM
DISNNYCANEL.COM
DISNRYCHANNL.COM
DISNSEYGAMES.COM
DISNYAND.COM
DISNYCANLEL.COM
DISNYCHAENL.COM
DISNYCHANEEL.COM
DISNYCHANLEL.COM
DISNYCHANNELGO.COM
DISNYCHEANEL.COM
DISNYCHEANL.COM
DISNYEME.COM
DISNYPRINCESS.COM

Clarification: This entry originally said Marc Ostrofsky has battled dyslexia. Ostrofsky had dyslexia only while a young boy.

iREIT Owns Yahoo “Typos,” Too, Among Many Others

Following up to my post earlier today, here is a partial sample of iREIT-owned domains that are typographical variations on corporate names and brands. I have neither the space nor the time to list all the addresses. The list below is roughly 200 150 domains, but they number in the thousands. iREIT’s CEO, Bob Martin, and COO, Craig Snyder, told me in an interview today that the company is in the process of implementing a system to identify and remove such names from its portfolio of about 400,000 monikers. Although the company is currently seeking to monetize the domains through paid-search advertising, Snyder told me: “We don’t put any long-term value on these.”

ABECROMBEANDFITCH.COM
ABERACOMBIEANDFITCH.COM
ABERACROMBIEANDFITCH.COM
ABERBROMBIE.COM
ABERBROMBIEANDFITCH.COM
ABERCHROMBE.COM
ABERCOMBEKIDS.COM
ABERCOMBIAANDFITCH.COM
ABERCOMBIEANDFICH.COM
ABERCORMIBE.COM
ABERCRAMBI.COM
ABERCROBIEANDFITCHCO.COM
ABERCROBRIE.COM
ABERCROMBIEABDFITCH.COM
ABERCROMBIEANDFICTCH.COM
ABERCROMBIEANDFITC.COM
ABERCROMBIEANDFITCHC.COM
ABERCROMBIEANDFITCHMODELS.COM
ABERCROMBIEANDFITCHOUTLET.COM
ABERCROMBIEANDFITSH.COM
ABERCROMBIEANDKIDS.COM
ABERCROMBIEKDIS.COM
ABERCROMBIEKIDES.COM
ABERCROMBITANDFITCH.COM
ABERCROMCIEANDFITCH.COM
ABERCRONBIEANDFINCH.COM
ABRACROMBIANDFITCH.COM
ABROCOMBIEFITCH.COM
ABROCROMBIANDFITCH.COM
AAPPLEBEES.COM
ANHAUSER-BUSCH.COM
ANHEAUSER-BUSCH.COM
LANDSLEND.COM
LEANSCRAFTERS.COM
24HOUTFITNESS.COM
24HOURFITNEES.COM
UNITEDAIRALINES.COM
URBANOUTFITTERES.COM
URBANOUTIFTTERS.COM
VERITZON.COM
VERIVZONWIRELESS.COM
VERIZIONWIRELESSARENA.COM
VERIZIONWIRELESSS.COM
VERIZIONWIRELSESS.COM
VERIZIONWIRRLESS.COM
VERIZNE.COM
VERIZOCWIRELESS.COM
VERIZOLN.COM
VERIZOMWIRELSS.COM
VERIZON.WS
VERIZON17.COM
VERIZONA.COM
VERIZONANDWIRELESS.COM
VERIZONAWIRELESS.COM
VERIZONBILLPAYMENT.COM
VERIZONBLUE.COM
VERIZONBUSUNESS.COM
VERIZONCELLS.COM
VERIZONCELLULER.COM
VERIZONCENTRA.COM
VERIZONDR.COM
VERIZONDSLSTARTPAGE.COM
VERIZONEASYPAY.COM
VERIZONENCORE.COM
VERIZONETONES.COM
VERIZONEWIRELESSREBATES.COM
VERIZONGAMES.NET
VERIZONGWIRELESS.COM
VERIZONHWIRELESS.COM
VERIZONIRELES.COM
VERIZONLOGIN.NET
VERIZONLONLINE.COM
VERIZONLOOKUP.COM
VERIZONMAI.COM
VERIZONMERITS.COM
VERIZONONLINEDSL.NET
VERIZONONLINEWIRELESS.COM
VERIZONORDERSTATUS.COM
VERIZONPHONEMART.COM
VERIZONPIZ.COM
VERIZONRIGNTONES.COM
VERIZONRINGBACTONES.COM
VERIZONRWIRELESS.COM
VERIZONSMARTPAGES.COM
VERIZONSPEEDTEST.COM
VERIZONSPENDINGPREE.COM
VERIZONTRANSPORT.COM
VERIZONVIEW.COM
VERIZONWEARLESS.COM
VERIZONWERILESS.COM
VERIZONWHITEPAGE.COM
VERIZONWIESLESS.COM
VERIZONWIIRLESS.COM
VERIZONWIRE4LESS.COM
VERIZONWIRELAESS.COM
VERIZONWIRELERS.COM
VERIZONWIRELESS-MERITS.COM
VERIZONWIRELESSDISCOUNTS.COM
VERIZONWIRELESSGAMES.COM
VERIZONWIRELESSONLINESTORE.COM
VERIZONWIRELESSPAYASYOUGO.COM
VERIZONWIRELESSPIC.COM
VERIZONWIRELESSREABATES.COM
VERIZONWIRELESSRYL.COM
VERIZONWIRELESSTEXTMESSAGE.COM
VERIZONWIRELESSX.COM
VERIZONWIRELISE.COM
VERIZONWIRELOSS.COM
VERIZONWIRERESS.COM
VERIZONWIRLESESS.COM
VERIZONWIROLESS.COM
VERIZONWRIELESS.COM
VERIZONWRILESS.COM
VERIZONXIRELESS.COM
VERIZORWIRELESS.COM
VICTARIASECRET.COM
VICTORIOSECRET.COM
VICTORISSECERTS.COM
YHAHOOGAMES.COM
YUTOUBE.COM
YAHHO-GAMES.COM
YAHHOGAME.COM
YAHHOLAGIANS.COM
YAHHOMESSINGER.COM
YAHHOMUSICVIDEOS.COM
YAHIOO.NET
YAHOO36.COM
YAHOOAGAIN.COM
YAHOOCLICK.COM
YAHOOGALIAN.COM
YAHOOGAMES.NET
YAHOOGILLANS.COM
YAHOOGLOBE.COM
YAHOOHOROSCOP.COM
YAHOOLAGINS.ORG
YAHOOLANCHCAST.COM
YAHOOLGAIN.COM
YAHOOLIGAHS.COM
YAHOOLIGASNS.COM
YAHOOLIGINS.ORG
YAHOOMASAGER.COM
YAHOOMESGER.COM
YAHOOMESSENGER7.COM
YAHOOMUSICAVIDEOS.COM
YAHOOPERNALS.COM
YAHOOPERSOMALS.COM
YAHOOSMILIES.COM
YAHOOTCHAT.COM
MICRORSOFT.COM
MICROSOFTOFFICE2000.COM
MICROSOFTOFFICEASSISTANT.COM
MICROSOFTOFFICONLINE.COM
MICROSOFTOFFISE.COM
MICROSOFTONLINESERVICE.COM
MICROSOFTPICS.COM
MICROSOFTPOWEREPOINT.COM
MICROSOFTPOWERPOINTDOWNLOAD.COM
MICROSOFTPROFESSIONAL.COM
MICROSOFTSERVICEPACK.COM
MICROSOFTSUPPLIES.COM
MICROSOFTTRAINSIM.COM
MICROSOFTTRAINSIMULATOR.COM
MICROSOFTWINDOWSCE.NET
MICROSOFTWINDWS.COM
MICROSOFTWORDUPDATE.COM
MICROSOFTXPHOME.COM
MICROSOFWINDOW.COM
MICROSOLFOFFICE.COM
MICROSOSFTUPDATES.COM
MICROSOSP.COM
MICROSOSTWORD.COM
MICROSOTPOWERPOINT.COM
NETFLILX.COM
CITBANKCARD.COM
CITBANKVISA.COM
CITIABANK.COM
CITIBABANK.COM
CITIBACKONLINE.COM
CITIBANB.COM
CITIBANCKCARDS.COM
CITIBANCKONLINE.COM
CITIBANK-INDIA.COM
CITIBANKBANK.COM
CITIBANKDIVIDENTCARD.COM
CITIBANKFORECLOSURES.COM
CITIBANKHHONORS.COM
CITIBANKI.COM
CITIBANKJ.COM
CITIBANKLONLINE.COM
CITIBANKN.COM
CITIBANKNY.COM
CITIBANKONLINEGUAM.COM
CITIBANKONLINEPAYMENT.COM
CITIBANKONLLINE.COM
CITIBANKONLONE.COM
CITIBANKPAKISTAN.COM
CITIBANKSONLINE.COM

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