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Guest Post By Paul Keating On UDRP’s: “Why Panel Certification is Important” The Case Of HardwareResources.Org

February 20th, 2012 Comments off

This Guest Post was written by Paul Raynor Keating, Esq.[1] one of the preeminent attorney’s practicing in the domain industry.  Paul has handled many UDRP’s and had some thoughts about a recent UDRP involving the domain name HardwareResources.org.

We are publishing the post unedited:

“”Although the UDRP has functioned for over a decade, the evidence continues to mount in favor of a certification process so all can be assured that panelists have the proper legal knowledge and address claims seriously.   Examples abound of panel errors but I have seen few that competes with the likes of Hardware Resources, Inc. v. Yaseen Rehman, Claim Number: FA1201001423229 (HardwareResources.org), a recent decision by NAF-favored panelist Atkinson (http://www.dnattorney.com/study.shtml).

In Hardware Resources, the panelist was so absorbed with the Complainant’s assertions that he failed to examine even the most basic aspects of the claim.  Granted the case was a default.  But that provides little excuse given the obviousness of the problems.  Given Mr. Atkinson’s litigation experience (he authored an article entitled “How to Respond to Trial Objections in 1995), I am somewhat perplexed.

Complainant asserted 4 registered trademarks for “HR Hardware Resources”.  A 10-second trip to the USPTO site satisfied my surprise that the PTO would allow registration of such a descriptive trademark.  Complainant’s “trademarks” consisted of 2 text marks and 2 design marks.  Each of the marks contained the following disclaimer:

“NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “HARDWARE RESOURCES” APART FROM THE MARK AS SHOWN.”

The significance of the disclaimer is of course that the Complainant had expressly disclaimed the words “Hardware Resources” if they did not appear with “HR”.   Perhaps Mr. Atkinson (or more likely the intern at NAF who may have written the decision?) missed that bit.

Notwithstanding the clear disclaimers, the Mr. Atkinson boldly stated:

“The differences between the mark and the disputed domain name include the deletion of the initial letters “H” and “R” of Complainant’s mark, the removal of the space between the terms, and the addition of the generic top-level domain (“gTLD”) “.org.” The Panel holds that removing letters from a mark does not differentiate a disputed domain name from the mark.”

Had Mr. Atkinson (or his associate) taken 20 seconds of time he could easily have discovered that the elimination the “HR” was in fact material for the simple reason that Complainant held no trademark rights in their absence.  Actually, come to think if it, the disclaimer would have been printed in the trademark registration certificate that Complainant surely produced.…

Categories: External Articles, Guest Posts, Legal, udrp Tags:

Guest Post: From 0 To 10,000 Uniques In Less Than 60 Days: A Case Study

August 5th, 2011 Comments off

This post was written by Sean Sullivan who Director or Tier 1 Development with  DomainHoldings:

Not long ago I wrote an article asking if a .US domain could become just as successful as a .Com.

The story was about CelebrityGossip.us, a domain that I acquired for my girlfriend Erika  as a side project that I thought would be fun for her.

After she showed that she had significant interest in it I thought that I’d help take it to the next level and do some professional development on the project.

So the first step was designing a great looking site that was different than the traditional gossip sites. Erika and her close friend and business partner in this endeavor, Samantha decided to give it a different look and feel and incorporate some original ideas into it.

One of which was including stories from “Old Hollywood”, gossip and scandals from 50+ years ago. Again quality content that’s original will always help a site gain ranking on a more accelerated rate. The site officially launched on June 5th.

One of the less commonly known ways that you can help establish a brand and accelerate rankings is by using highly targeted re-directs. It’s something that if done correctly accomplishes two goals. One, it helps establish your brand with consumers. Secondly if you have a massive amount of visitors being directed to your site that can help grab the attention of other websites who will then link to you. Plus there can be some SEO benefits as well, but it’s technical and detailed so I’ll spare you.

So now you might be wondering exactly what I’m talking about when I say re-directing traffic. Do I mean just purchasing traffic with PPC or one of the traffic market places? Well you could do that, but I think a better strategy is to find domains and or websites that are highly related to your target audience with traffic and then re-directing that domain with a permanent 301 re-direct. I’m going to bypass the SEO specific details and instead provide you with some metrics instead.

From June 9th to July 17th the traffic re-direct sent approximately 450,000 unique visitors. I know, that sounds like a giant expense and you’re thinking how do you possibly send that much traffic to one site affordably. If you can get creative and cut deals with domain owners who have sites that do a huge amount of traffic (even in aggregate) but convert poorly you can accomplish this.

Celebrity Gossip - DevelopmentAs You Can See – At Launch Zero Traffic – Click To Enlarge
celebritygossip.us traffic closer lookA Closer Look At The Traffic

One of the key things that I did with this re-direct was find targeted traffic that was inexpensive yet still relevant. I won’t disclose the traffic source or all my secrets but my goal at the end of this program was to retain anywhere from 1% to 3% of those 450,000 re-direct visitors as regular readers of CelebrityGossip.us.

On July 18th we turned off the traffic re-direct and have since relied solely on the sites type-in traffic from returning readers and the traffic obtained via organic search. (Mostly Google) As you can see from the images below (click to see larger picture) the long tail is where things really start to develop.

I’m pleased to say that while it is still early, it seems to have worked as planned. CelebrityGossip.us was doing on average 250 to 450 unique visitors a day in organic and direct navigation traffic. This traffic is most likely attributed to visitors who were returning to read more since being introduced to the site.

celebrity gossipTraffic Once The Re-Direct Was Turned Off

I won’t know the exact numbers for about 45 days (based on returning visitors vs 30 day period) but I am estimating that CelebrityGossip.us will have retained roughly 3,000 to 4,000 unique visitors (regular readers) that were introduced to the site via the traffic re-direct. Things will be slightly more difficult to determine now since we have re-branded the site as CelebGossip.com but as you can see in the images below (click to enlarge) all traffic sources were growing quickly. Just before we re-branded the site on August 2nd total traffic was nearly 900 uniques a day.

Organic Traffic Ramping Up
Great Increases In Organic Traffic

While I think that the re-direct was a good technique that’s outside the box of traditional SEO and web development, the real force driving the sites success has been Erika and Samantha’s commitment to writing great quality content daily. As anyone who blogs or does web development knows, writing content on a daily basis can be a grind. So kudos ladies, you’ve done well.

In closing there are no immediate short cuts to success. There are some opportunities that you can take advantage of that increase your odds for success. That said, I don’t want people to think that by just doing a re-direct it’s going to equal success over night. If done incorrectly or not methodically re-directs can do more damage than good. So kids don’t try this at home without the supervision of an SEO professional.

Regarding the matter of being able to obtain success with a .US domain, I think this case study is indicative that it in fact can be done. You simply need to have the right plan of action in place. I think that a .Com is always going to be a preferable domain (hence the acquisition of CelebGossip.com)

But if you’ve got a great site, good content and are bringing something of quality to the internet you too can go from zero to 10,000 uniques a month pretty quickly.

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