The domain name domainking.ng changed registrars yesterday, apparently as a result of our post announcing that Rick Schwartz filed an administrative proceeding similar to a UDRP with the Nigeria Internet Registration Association (NiRA) which manages the Top Level Domain (.ng ccTLD) based on his “domain King” trademark.
The domain name domainking.ng is being used as a domain name registrar and is owned by a company in India
The domain name was registered at the domain name registrar, Lexsynergy Limited, but was moved to the DomainKing’s own credentials yesterday as the new domain registrar is listed as “DomainKing”.
Here is the current whois as of today according to whois.nic.net.ng:
Domain Name: domainking.ng
Domain ID: 225554-NIRA
WHOIS Server: whois.nic.net.ng
Referral URL:
Updated Date: 2016-03-30T13:47:28.797Z
Creation Date: 2014-07-15T20:04:01.300Z
Registry Expiry Date: 2016-07-15T20:04:01.362Z
Sponsoring Registrar: DomainKing
Sponsoring Registrar IANA ID: 28112014
Domain Status: clientTransferProhibited
Domain Status: clientDeleteProhibited
Domain Status: ok
Registrant ID: 377081-NIRA
Registrant Name: Domain Admin
Registrant Organization: Hannu Internet Corp. Pvt. Ltd.
Registrant Street: 156, New Jawahar Nagar, Cool Road,
Registrant City: Jalandhar
Registrant State/Province: Punjab
Registrant Postal Code: 144001
Registrant Country: IN
Registrant Phone: +91.9636469965
Registrant Phone Ext:
Registrant Email: hannuinternet@gmail.com
So as you can see the domain name was updated yesterday March 30th.
According to DomainTools.com the domain name was first registered on July 15th 2014 at Lexsynergy Limited and remained there until it changed yesterday
Here is the previous record according to DomainTools.com:
Domain Name: domainking.ng
Domain ID: 225554-NIRA
WHOIS Server: whois.nic.ng
Referral URL:
Updated Date: 2014-07-15T20:04:02.723Z
Creation Date: 2014-07-15T20:04:01.300Z
Registry Expiry Date: 2015-07-15T20:04:01.362Z
Sponsoring Registrar: Lexsynergy Limited
Sponsoring Registrar IANA ID:
Domain Status: clientUpdateProhibited
Domain Status: ok
Domain Status: clientTransferProhibited
Domain Status: clientDeleteProhibited
Registrant ID: 225552-NIRA
Registrant Name: Hargurnaz Singh
Registrant Organization: Hannu Internet Corp. Pvt. Ltd.
Registrant Street: 156, New Jawahar Nagar, Cool Road,
Registrant City: Jalandhar
Registrant State/Province: Punjab
Registrant Postal Code: 144001
Registrant Country: IN
Registrant Phone: +91.9876923436
Registrant Phone Ext:
Registrant Email: hannuinternet@gmail.com
Under UDRP rules once a complaint has been accepted by an organization which is licensed to hear cases, it will send a notice out to the domain name registrar to lock the domain down until a decision has been issued or the complaint withdrawn.
However I don’t know what the procedure is for .ng domain names or what the policy of the Nigeria Internet Registration Association (NiRA) for handling disputes are.
I haven’t read it, but the .ng policies are linked to here:
http://www.wipo.int/amc/en/domains/cctld_db/codes/ng.html
Sorry but Rick Schwartz strikes me as a bit of a prat.
Looks like a pre-emptive cyberflight attempt. Lexsynergy Limited is a UK company, while the new registrar is in India. Doubt that the domain is in Rick’s hands currently.
Lexsynergy claims that it was transferred out 50 minutes after receiving notification from NIRA, but they didn’t have time to lock it down.
Curious. What are the implications for the registrar, in such an event?
Howard
Well it probably takes a couple of mouse clicks so 50m is enough time in my opinion they just didn’t get to it in time
India is a hot spot to drag out a fight…if the legal system is used there to defend it..looking at several months to YEARS! Add tot hat the corruption actor and this could get ugly, like I said is the stress and physical impact worth it?
My spelling is quit bad today lol
See? This is how you know Schwartz is a complete asshole. Not that it wasn’t evident before. But, you know. Nothing unique about the term “Domain King” anybody could’ve come up with that.
@Gabriel,
“anybody could’ve come up with that”
Trademarks are protected. Yes, anybody could’ve come up with brand names like “Apple” or “Amazon” or “Levis” or “Ali Baba”. That’s why trademarks exist – to prevent that.
You’re free to think Rick Schwartz is “a complete asshole”. But I fail to see why enforcing a trademark should lead to that opinion. Are all trademark holders assholes?
“Domain King” isn’t a popular, world renowned brand. You can’t compare this to Levis, Apple. If someone bought domainking.ng and wants to sell domain names with it, there shouldn’t be a problem. If Schwartz does win this, it might be because he has connections. And we all know the UDRP system is corruptly flawed and the Trademark system needs changes.
It’s ridiculous how someone can just feel entitled to owning the two words domain king. Utterly absurd. So if I called myself ‘The greatest dad in the world’ Trademarked it and bought the dot com, that means nobody else in the world can be ‘The greatest dad in the world and purchased the dot net’ ????? Come on now.
@Gabriel,
So you don’t recognize any small business’s trademark rights either. Nobody should be able to protect their brand unless they’re “world renowned” like Apple? Sucks to be a little guy or operate in a niche industry! No rights for you!
The case is subject to the Nigerian law:
http://www.nira.org.ng/pdf/NIRA_DISPUTE_RESOLUTION_POLICY.pdf
DomainKing.ng is an accredited registrar with Silver status:
http://nira.org.ng/index.php/registrars/accredited-registrars/item/hannu-internet-corp-pvt-ltd?category_id=3
Do you think the registry will let one of the registrars down this way?
The registrant accreditation for selling .NG domains under that business name does not nullify Rick Schwartz’s rights via the trademark. The company is Indian and received accreditation in Nigeria by using a .NG domain. Looks like Howard Neu is on the ball with this one.
I really don’t get all the Rick bashing.
This is his trademark. Most people in the domain industry know Rick is the “Domain King”.
I hear arguments stating, “But Rick retired?”
Rick retired from the conventions, blogging, etc, but he made $millions selling domains in 2015. So he’s still active.
Rick’s company has maintained the trademark documentation and filings — so obviously the trademark is valuable, to him/his entity.
Dan Marino, Don Shula, Joe Montana, Bill Gates retired, but try using their names in commerce, and you will get a quick cease & desist.
I applaud Rick for being diligent with securing his brand. If somebody wants to file a trademark for “Domain Queen”, and that person gets it registered in a certain class, bravo.
But I’d advise keeping out of the King’s Domain, The King filed a trademark in 2003. He owns it, at least in the class he filed.
He owns a trademark in the USA & Europe, he does not have a GLOBAL TRADEMARK. What don’t you understand about basic trademark laws? DomainKing.ng is owned by an India company. He doesn’t have a trademark in India or Nigeria for his domain. To bad, his loss.
DomainKing.jp has been trademarked since 2010 in Japan and since 2013 in Philippines & Singapore. He can’t do anything to take it out of their hands as they run a legit business unlike him who has only ever used the term to boost his own ego.
I entirely agree. Maybe I should register domainking.fj, let him sue me.
@gabriel
Somebody could have come up with iCloud, iPhone, iPad, xBox, GoPro, as well.
Rick came up with “Domain King” before anyone else.
Rick has a stellar reputation in this industry. What if an imposer started using the moniker “Domain King” and offered to sell/buy IP — many people would assume this is Rick.
That is exactly right. The name “Domain King” is well known as being Rick Schwartz, and one could even say world renowned, within the circle of the domain industry. Anybody who has spent time ready anything about domains will know this, and a domain registrar should certainly be aware of it. IMO, whomever registered this domain knew exactly what they were doing, as evidenced by the quick move of the domain from one registrar to another in the face of a UDRP.
Should say “spent time reading anything about domains”
“Rick has a stellar reputation.”
His comments on Shane’s blog say otherwise.
http://domainshane.com/should-rick-schwartz-be-able-to-bid-on-domains-at-his-own-auction/
How is being a rude self-serving jerk make for a stellar reputation. Honestly the amount of people kissing his ass in the comments on here is quite alarming.
@Daniel,
Perhaps you misconstrue defending someone’s right to enforce a trademark with “kissing his ass”.
This isn’t a referendum on the value of Rick Schwartz’s soul, nor on his role within the domain industry. It’s simply an IP dispute within the domain space – more interesting than most because it pits a little known company against a well known celebrity.
Rick is himself famous for defending domains in UDRPs; now he’s in the opposite role. I don’t see that as hypocrisy or inconsistency at all. The UDRP, although frequently abused, is a legitimate process, and a person may find himself on either side of it. Just as we sometimes buy and sometimes sell, we sometimes play defense and sometimes must go on the offensive.
Am I kissing Rick’s ass? No. But others are condemning him simply for enforcing his trademark.
Rick Schwartz A.K.A. Domain King, I got an email from him with this signature when my domain was accepted to be auctioned in T.R.A.F.I.C East 2013. Even in Domain Sherpa show, Michael Cyger always introduce him as Rick Schwartz The Domain King. I am sure domainers has familiar with the term Domain King, it represent Rick. So if someone sell domains with brand Domain King, I think it is indeed imitate Rick’s popularity to gain customers.
They should have made a website for a butcher shop with the domain “DomainKing”
There’s only one Domain King.
Personally, I think the moniker makes him look like a prat, but I defend his right to do so.
Since Apple was mentioned, Apple was also the recording label for the Beatles.
In this case, I think it would be reasonable to consider “Domain King” a well-known brand for the domain investing market but not for the overall domain registration market.
@Rubens Kuhl,
It’s possible the courts will decide the usage is sufficiently different, but domain registration and resale are not as far apart as computers and rock music were in 1978 when Apple Records sued Apple Computer.
I respect your viewpoint. But wouldn’t a similar argument allow me to build a registrar on Sedo.ng, Afternic, NameJet.ng, or Flippa.ng? After all, the better known companies using those brands engage in domain resale within the aftermarket, not the overall domain registration market.
I don’t see the difference as between registration and resale, but related to target market. Uniregistry for instance is known to target domain investors, no matter being for registration or resale.
Sedo, Afternic, NameJet or Flippa are very non-generic brands, while (class of goods) King exists for a long time before the Internet was invented, and this is as generic as Fisher King would be as a fish market.
@Rubens Kuhl,
I acknowledge your point. Really, I don’t pretend to know whether Rick Schwartz will prevail in his trademark lawsuit. But he registered a trademark with the intent to protect “Domain King”, and from his perspective that mark is being infringed; so I’ll defend his right to attempt enforcement.
Domainking.ng
what a bad name …
and rick want,s this ?
how primitive
DomainKi.ng anyone? Still available.
These posts clearly indicate the limited knowledge of trademark law readers have. And clearly shows why domainers are called cybersquatters. .First of all no term has to be “famous’ to be protected so just eliminate all these idiotic comments. Fame is acquired over time and advertising expenditures which has to be documented, proven and is subjective to the USPTO board. Schwartz has being using the term domain king for over a decade and can document more than 10 million in sales. All Federal trademarks are entitled to protection if they “infringe” on registered marks. Rick Schwartz is not an asshole you are required by law to police and defend your registered trademark. Otherwise your mark will fall into the pubic domain and become generic. With the domain name being moved to another register so quickly which can be documented clearly shows beyond a reasonable doubt the current register of the term “domain king” is fully aware this is a federal registered mark, and registered domain king in bad faith. The domain king may be publically retired however his actions are quickly spotted and analyzed similarly to retired Alan Greenspans words and actions.
People should not be allowed to “own” generic words and phrases, period. If somebody has an idea for a website and decides to call it Domain King. They should have every right to. Especially when it’s an idea that can be thought up by anyone on earth. And if that person can create something better than the other guy with their idea, then let them battle it out. And if there’s any confusion between the two sites. Oh well.
And you can speculate this .ng person registered this domain in bad faith. But guess what, you’ll never really know for sure. If I registered let’s say iphoneBot.com Then most likely yea, I regged knowing iPhone is already a world famous product and you can be sure it was in bad faith.
Gabriel you realize this is a website, a domain name registrar using the name of Domain King as the registrar
Its not a parked page or a non-resolving domain
Yeah I know it’s being used as a registrar. Nothing wrong with that.
So say this guy knows exactly who Schwartz is, and he said to himself “hey I like the way that sounds, “domain king” I should start a domain registrar with that.” So what? Now why should that be illegal? Because another person feels entitled to own the term ‘domain king’? Other people aren’t allowed to want the same name? They aren’t allowed to have ideas too?? There can only be one “Domain King”? Ridiculous. TM system needs to be fixed. And yes obviously, there can only be one McDonald’s, only one Taco Bell, only one Netflix. But thats completely different. Why? Because they became successful and became popular to the masses all over the world. If the self proclaimed king of domains was as popular as those corporations, then maybe I’d agree with his UDRP bs. You want to be the sole king of domains? Become a McDonald’s first pal.
@Gabriel,
Do you hear yourself? You’re saying big companies have the right monopolize a brand name, whereas anybody smaller than a world-famous multinational corporation deserves no protection under the law!
Those large companies were once quite small. McDonalds and Taco Bell built their uniquely recognizable brands because, along the way as they grew, they were protected from regional copycats. They were shielded by the trademark system. But for that kind of protection, there could be no world-famous brands.
Whoever gets to the top first should get rights to prevent others from using their mark. If the two companies are identical in trade, the company that gets popular first, so much so that when the average person around the country or world when asked if they’ve ever heard of that brand, say yes, should prevail. And in this particular situation, the self proclaimed king of domains is not popular enough and never will be. So the .ng guy should be allowed to stay with his domain. Because nobody really cares. Except for the egomaniac Schwartz. And really where’s the confusion? Schwartz’ domain points to his blog, whereas the other guy runs a site were it’s clear he’s in the business of selling domain names.
@Gabriel,
The trademark system provides protection to small brands just getting started. Much as this annoys you, it’s a good thing.