Issue #37 Master of Your Domain

October 28, 2009

Recently I had the experience with a “cyber squatter.”
Cyber Squatters are people who list hundreds of unused domain names and wait for the call. And then they will offer to sell your name to you.
A Moodswing Media client has owned the trademark on his business name since 2006. The squatter listed the name and its various on line versions in 2007. (.com, .ca, etc)
There were 4 domain names that my client needed to continue to grow his business. The offer from the squatter was $4000.00 US dollars.
There must be laws in place to protect you and your property, your NAME. That’s what I thought. So after a little research:
"Cases of Cybersquatting often cause the most concern to trademark holders and have been the subject of the majority of litigated disputes. Generally, however, if someone who lacks a legitimate claim registers a domain name with the intent to sell the name, prevent the trademark holder from gaining access to the name, or divert traffic, this activity will be considered Cybersquatting. The case law in the area of cybersquatting is settled. No cybersquatter has won a court case against an intellectual property holder anywhere in the world. When confronted with such bad faith behavior courts have stretched existing law in order to prevent the cybersquatter from maintaining control over the domain name".
Sounds simple enough, but the problem is that you have to sue the cyber squatter to get your own name back in your possession. That can be an expensive, drawn out process and the squatters know it. They bank on the fact that you will weigh the legal cost, the many months it will take for lawyers to go back and forth, the possibility to end up in court, not to mention the lost opportunity cost and you will settle and pay them.
In our case we made a decision to buy his names and after negotiations we were able to get the names for $2,750.00 US.
Yes, it sucks and it’s wrong, but yet there it is.
Cyber Squatters are pros. Most have been doing it for many years. They have heard it all, the yelling, the threats and will still make a very nice living while waiting for your call.
Until the laws are modified and caught up to the speed of the internet, these parasites of the web will continue to thrive.
Large companies such as McDonalds, Nike or some other version of multi-national companies that may have an army of lawyers to go after the basement dwellers can quickly scare them off. But if you are not one of these large companies, you need to take preemptive steps. Most victims of cyber squatting are small to medium size businesses or entrepreneurs. Even companies with “tech guys” get burned.
Here are a few suggestions that may help you;
- Go to one of the many domain registries and buy as many variations of your business name as possible with as many available extensions as possible. It only costs around 10.00 a year.
- If you are even thinking about launching a new business or name change, first go online and see if the name is available.
- If it is, buy it and then trademark the business name.
- Buy YOUR name as a domain name. Think about the future and primary points of contact. Currently 75 to 85 percent of potential customers have visited your website prior to first contact. How long do you think it will be before everyone branches beyond Face Book?
- If you find that there is someone sitting on your name, there are great sites that will help you with a secure purchase and execute the transaction. Escrow.com, Domainsatcost.ca. In Canada you need to be registered with CIRA (Canadian Internet Registry Authority).

Take a few minutes and avoid the “dough-main” name scam.

Since you were probably thinking that this edition of the MSM would focus on the famous Seinfeld episode… here’s your payoff.
If you are too young to remember with this particular episode, ask your mom and watch her face.

Stay in a good mood
Brad

Issue #36 There is a Pig in my Head.

October 16, 2009

Question: Do you know who REALLY needs help with branding?
Answer: THE CDC, Center of Disease Control.

Mad Cow, Swine Flu, Bird Flu, the origins of these diseases are commonly named for how they were first discovered and the instance when it was first reported that they were transmitted to humans.
If you remember when The Swine Flu was first detected on a ranch in Mexico it was originally called The Mexican Flu. The Mexican Government objected strongly to the name due to fear of lost tourism to the entire country just because this flu was detected on one ranch. Wtihout thinking of the consequences the CDC then referred to it as The Swine Flu.
Now the perception problem; consumers feared eating pork.
Unlike Mad Cow where the sickness can be transferred to humans after the processing, you cannot catch Swine Flu by eating pork.
Yet, the pork industry in Canada has been decimated.
So once again, for clarification, the CDC announced that the more accurate name for this serious ailment and encouraged the media to now refer to this flu strain in its true name of H1N1. It kind of just rolls off the tongue doesn’t it?
But its too late, the image of Swine is now implanted into the psyche of the public. The big brains can give it any compound name it desires, but to Mr. and Ms Everyday it still is The Swine Flu.
To be fair, the CDC has more on its collective mind than thinking up catchy disease names, but maybe they could borrow an idea from The U.S. National Hurricane Center.
Due to the long-term persistence of hurricanes, the meteorologists needed unique identifiers for issuing forecasts and warnings. Probably the most famous in recent memory is Hurricane Katrina.
Based on the success of this identification system of serious storm forecasting by the US Hurricane Center, The Moodswing Minute has a suggestion to the CDC for naming the next new strain of the flu. Why not name the next flu strain… for example…The Gary Flu.
“Wash your hands thoroughly to avoid passing Gary onto others.”
“If you have Gary, stay in bed.”
“If you’re feeling Gary for more than three days, call your doctor.”
“Take steps to avoid Gary by sneezing into your arm”. (Sucks if you are wearing a short sleeve shirt).
By taking this new direction in “name” branding diseases, we believe that there will be no harm, no fowl (ha) in terms of product consumption or tourism.

The Swine Flu is actually a great example of “mental imagery.” The name attaches an easy mental visual with the mainstream. For example...

Consumers cannot attach a mental image to H1N1.
And everyone unknowingly attaches a mental image to people and businesses. Often this “perception” is made with the smallest amount of information. If you are trying to attract new customers, it is vitally important that your choice of words and / or images convey immediately who you are and your business principles whether you are communicating through advertising or in direct marketing and meeting new clients in person.
Choose your words carefully; as you only have one chance to make a great first impression.
In the world of advertising we turn to the master, George Carlin. If you have another 30 seconds to listen, he can give you a list of words to absolutely avoid when positioning your brand and your business because no one will believe you.
Remember “WORDS IS POWERFUL.”
Stay in a good mood,

Brad