Domain Name Trademark

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Traditional Income Approach Undervalues Domain Names

Domain-name ownership confers the owner with two types of rights. The first is related to managerial flexibility, such as when to develop an associated Web site and when to abandon the operation of the Web site while retaining ownership of the domain name itself. The second right is associated with trademarks. If a domain name is trademarkable, the owner has the right to legal protection; that is, the owner can prevent anyone else from claiming the domain name, if he/she wishes to exercise that right. The options available to the trademark owner are to take the trademark violator to court, to buy the domain name, or to take no action. This flexibility has value, which is embedded in an option. These options are valuable managerial tools that cannot be ignored.

A domain name can also create value to the owner by generating income from an active e-commerce Web site. In fact, even if a domain name does not have an active Web site, it can still be generating income as measured by cost savings associated with preventing a cyber squatter or competitor from siphoning away sales.

Thus, the value of a domain name comes in two forms: (1) earnings and (2) options to take actions. The latter component can be broken down into (a) managerial flexibility (referred to in finance literature as real options) and (b) a trademark-related option.

Hence, the value of a domain name is the sum of the value of its earnings, the value of its managerial flexibility, and the value of its trademark option.

The income approach to valuation, also called the Discounted Cash Flow (DCF) method, is one of the tools used to value any asset, including domain names; the earnings represent the additional or incremental cash flows the domain name is expected to generate to the owner over the life of the domain name. However, this technique does not capture the value of flexibility options. Thus, an appraiser can use the DCF method to estimate the earnings component and use option-pricing-theory models to estimate the two option components separately. Although in principle an appraiser can use decision-tree analysis to estimate flexibility options, an option-pricing methodology can be much simpler to formulate. Moreover, DCF techniques require estimating the risk of cash flows, whereas the option-pricing methodology overcomes this difficulty, especially when this risk is not constant, as assumed by the DCF method.

Let's look at the trademark-option component by considering the action of a cyber squatter (someone who registers a domain name that constitutes a trademark infringement). Such an action is equivalent to writing a put option on the domain name, in that the cyber squatter is legally obligated to surrender the domain name. However, the owner of the domain name has the option to surrender the domain name, litigate, or take no action. One could use discounted decision-tree methods to value such a domain name by considering the different actions and counter-actions that an owner of the trademark and a cyber-squatter can take and the consequences of each action. However, this process would at best be cumbersome, compared with an option-pricing model. In fact, even if a domain name has no associated trademark, as long as that domain name is trademarkable, it has a higher value (other things being equal) than a non-trademarkable domain name of a generic word. Obviously, the higher the value of a trademark, the higher the value of the associated domain name. However, an analyst has to be careful in distinguishing between the contribution to value from the trademark and that from the earnings component.

In sum, taking account of flexibility options and trademark options embedded in domain names provides a more accurate domain-name appraisal than using the DCF method alone.

 

Alex Tajirian, President & CEO
DomainMart

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