Bart.com is currently up for auction at Flippa, with one bid at $10,000 and a buy-it-now price higher in the 5-figures.
This auction comes a few weeks after Bart.net was lost in a UDRP to the Bay Area Rapid Transit District, which controls Bart.org and Bart.gov. You can read some details on the decision, and a lengthy discussion at this TheDomains.com post.
The seller of Bart.com is an internet savvy guy, and I’d be surprised if he did anything improper with the domain which should put Bart.com at risk. In fact, he immediately put up a generic lander for the domain (screenshot below) after he acquired it on Flippa last year for the bargain price of $5,000, and I believe this is the only site that has been live.
However, if I owned a .com domain where the corresponding .net was recently lost in a questionable UDRP decision, to a complainant that now has a track record of filing UDRPs, you can bet that I would consider whether or not I want to own that domain long term.
I’m probably not the only person that feels the same way, so there is likely (and unfortunately) a value impact on the Bart.com domain.
Best of luck to the seller for a successful auction; it will be interesting to see how it plays out.
I keep thinking about how the clock resets on ownership, from a recent UDRP. This would be a classic example. Horrible decision in my book by the way but a decision none the less.
Its a rotten deal, when a tax payer funded organization, that already has the .org and .gov extension, uses an unlimited amount of tax payer dollars, to capture a .net (commerical extension), in a UDRP. By doing this, it all but slams the door on an entrepreneur, who could have owned the name, to put up their web site on the internet, using the many, remaining trademark classes, that would not infringe on the complainant’s, trademark classification.The entrepreneurs are paying the salary of the govement employees and perhaps in this case, the IP attorneys. The average person trying to make it in the business world, can not “Out Money” the government. I hope they do not try and go after the .com, extension. A Terrible Decision!
Yup must be crazy to buy this which puts you straight into the hands of a UDRP, i guess the seller is bailing out whilst he can rather than lose the domain for nothing…
What I don’t get is that Bart is a name, why would a fair panel rule in favor of the. Net or. Com is beyond me? The government entity, B.A.R.T, now owns. Net, .org, and. Gov, but. Com is for commercial organizations. I hope the bart.com owner fights back with a Reverse Domain hijacking argument. I doubt a federal court would let a government entity bully the domainer for this commercial name. I’d like to hear a IP lawyer’s opinion on this issue.
What’s next I can’t own JOHN.com because it might be a possible acronym for Jobs Of Houston Networks?
If a large corporation or taxpayer funded government entity or non-profit can easily hijack , a common western first name in western societies; why can’t these same entities hijack any domain name that could possibly be a shorter, easier to locate on the web acronym for said extended domain name?
I notice interested parties like lawyers, realtors, bankers, etc. eventually are forced to create associations and lobby groups to protect their interests and fight for the individual and collective interest. Since I’m new to domaining, I wonder is their an association or group out there working to protect the long term interests of domainers, especially the 10% who own the most valuable names?
I raise this question, because I heard the Domain King say, “Great domainers have oil wells, and domains are the fastest rising assets in human history.” If that is true, and in the case of , it proved to be more than true, will the domain world have to create an association to protect from these acronym hijackings in the future?
JR, check out the ICA:
http://www.internetcommerce.org/
Thanks for the link Aaron. This is exactly the sort of resource that is needed.
The owner of Bart.net has filed a federal court order and reverse domain hijacking lawsuit so hopefully this wrong UDRP decision will be reversed.
Temphi:
Appreciate the update on the federal court filing. It sets a bad precedent to B.A.R.T to hijack any possible acronym because it could be used for a corporation or government entity. I think the domainer will prevail in this case. If you find the court filing number, keep the thread posted.
I was thinking “The Simpsons” where the complainants that won bart.net URDP. I wouldn’t have any problem defending bart.com against this agency if I owned it, so I would bet on it. There are million people on this world whit the name Bart; before this article I wasn’t aware of that government agency. I’m just a pro-domainer gent here, I would fight for my domains till the end. In fact I will send a bill request to the congress to create the 28th amendment: “Respect the virtual property of the domainer”… Good day
I’d like to see that 28th amendment 🙂