A one member WIPO panel just awarded the domain name TommyBahamaSucks.com to the Trademark Holder.

While we usually post the relevant facts and findings by the panel this case can be summed up citing this finding of the panel:

“”This case ultimately turns on the quality of Respondent’s evidence.”

“In this regard, however, the Panel notes Respondent has not submitted any evidence that it has established a right or legitimate interest in the <tommybahamasucks.com> domain name. In the end, this lack of evidence proves fatal for Respondent.

“While the attorney for Respondent does allege that Respondent has plans to create a criticism site at “www.tommybahamasucks.com” this assertion is not evidence because attorney argument is not evidence. ”

“In this context, the Panel is forced to question the accuracy of Respondent’s assertion. If Respondent did indeed have a legitimate intent to create a criticism site, then the Panel believes Respondent most likely had documentary evidence detailing the preparation of the site and could have submitted these documents as evidence in support of its allegation. On the other hand, the fact Respondent did not submit any evidence on this point tends to undermine Respondent’s assertion.”

“Respondent also asserts that it chose to rely on the concerned registrar to create a “parked” website while it developed its criticism site, and that it receives no monetary benefit from click-through opportunities, despite the fact the “parked” website contains click-through options. ”

“The Panel notes it is impossible to determine whether this assertion is correct because no evidence has been submitted to verify this claim.”

“However, even assuming the assertion is correct, and Respondent never had an intent to secure commercial gain from the domain name, the “parked” website remains a commercial website with click-through opportunities to existing businesses and is not a noncommercial or fair use of the domain name despite the lack of monetary enrichment to Respondent.”

“As such, the “parked” website does not establish that Respondent has rights or legitimate interests in the contested domain name.”

Bottom line if you own a “sucks” domain of a famous brand you better use it as intended by putting some content on it and using it as a grip site.

A rare one letter domain name in an “off” extension just sold on Sedo.com

The domain K.To sold for $40,000.

It looks like according to Domaintools.com the domain was 1st registered just back in 2008.

.To is the Internet country code top-level domain (ccTLD) of the island kingdom of Tonga.

I have seem many one letter ccTLD’s in non-major jurisdictions sell for as little as $1K, this maybe a record sale for a .TO domain.

As far as who owned or bought the domain name well .TO registry doesn’t provide whois info:

“Tonic does not maintain a whois database that provides registrant information, as many of our customers consider the public display of this information invasive of their privacy”

K.To is currently forwarding to keek.com

So its now a week since the 1st press release was issued announcing that Moniker.com and SnapNames.com were sold to Key Systems.

In addition to being a blogger I’m a domainer that has multiple accounts at Moniker.com and an account at SnapNames.com where I spend six figures a year,  but to date I haven’t received a email from either Moniker.com or SnapNames.com telling me as a customer that the sites have been sold.

Not an email. Not a call from my Rep. Nothing

A letter from Key Systems, the buyer would have been nice as well letting customers know they now own the services and introduce themselves.

I didn’t get one of those either.

Actually I would have expected in addition to, or at least in lieu of an email and announcement on the front page of both Moniker.com and SnapNames.com site.

Yet there is no such announcement.

I clicked on the Moniker.com link for News which says: “Learn more about the latest SnapNames and Moniker news”

Nothing about the sale.

Not even a link to the Press Release

(Actually there is no news listed since November 2010).

So I went to SnapNames.com and clicked under News there, once again not a word about the sale, not even a link to the Press Release.

Even worse on the bottom of SnapNames.com page I found this one:

“”SnapNames.com is a subsidiary of Oversee.net.”"

Hum

I even checked the  Moniker/SnapNames Facebook page, no announcement.

Many domainers who are actively involved in the industry have read about the sale on blogs but I’m sure there are hundreds if not thousands of customers of Moniker.com and/or SnapNames.com that have no idea the sites have been sold and are under new management.

While professional domainers know Key Systems, I assume a lot of people in the US do not.

As a customer of Moniker.com not only are they the registrar of record for hundreds of domain names I own but they have my credit card information on file.

Maybe its just me, but I think people are entitled to know when a change of ownership occurs especially when they have entrusted their credit card info.

Of course customers should have been the first to learn of the sale.

It appears they will be the last to know.

Afternic.com just released their weekly report of domain sales and sold $1,066.41 in domain names.

FaceValue.com led the way in reportable sales at $20K.

Here is the complete list of reportable sales over $1K.

Sedo.com just published its weekly sales report and in all “894 sales through our marketplace, totaling over $1.73 million”

The reportable sales were led by:

geb.com at 40,000 EUR

Top ccTLD: football-betting.co.uk at 11,800 GBP

Top “other” TLD: lotto.info at 19,500 USD

34% of all sales where “Buy it Now”

Here is a list of all the reportable sales: