I wish I was wrong .. or that it was more opinion than legal fact, but if you're targeting domains of people's name plus their business class, and then you turn around and outbound to them .. then almost without exception all 3 requirements of a UDRP are fairly clear:
1- They have rights to that mark
2- You do not have rights to that mark
3- The domain was registered in bad faith
There *might* be a rare exception like if the name was also a generic word and the business was very popular, like maybe "Green Cleaning" for example, but even then .. if you are outbounding the domain to them, and they are using their name to represent themselves in that business in any way, then I don't see how a UDRP panellist doesn't check all three checkmarks in bold?
@jberryhill seems to be following this thread, so maybe you'll trust his interpretation a bit more, but to me it's a pretty easy UDRP decision at least 99% of the time, and most certainly in the case of something so specific like "DlaminiUsedTires.com".
I won't go so far as to say it's fact that such a domain could still be considered to have been registered in bad faith if it wasn't marketed via outbound .. in that case it's more my strong opinion that it would be ... but if you're outbounding that domain, then it's crossed over into fact.
Everything you've said is true except that the number of people who have tried and failed to achieve profitability number in the hundreds of thousands .. and quite possibly low 7 figures if you go by NamePros membership count alone (while there most definitely are fake and duplicate accounts, there are also probably countless people who tried domaining who never registered at NamePros .. as tragic as that sounds .. lol).
Or if you prefer .. look at the NamePros meet and greet section ... of the ~1200 who have posted there, how many do you honestly think are successful and making a profit in less than a year? I think it would be extremely generous to say 2 per page .. which would equate to an extremely generous 8% (even if it's realistically far less than that) .. then take a step back and realise that those are the most confident 0.1% of registered members who put themselves out there and said hello to strangers (an important part of sale). Most definitely there are those who are very confident who just couldn't be bothered to introduce themselves .. but let's assume that for every one person who introduced themselves there are actually 10 others who are also confident to do some outbound outreach but simply didn't bother say hello ... then we're still talking about 1% of 8% = 0.08%!
These are numbers based on observable metrics ... aka facts. I wish I was wrong .. or that it was more my opinion than fact .. but you simply cannot deny the numbers .. saying there are fewer than 6 figures worth of people who have tried domaining and did not succeed is just not being honest with reality.
Then you also need to ask yourself .. even if you do choose to completely ignore reality and think I'm off by a factor .. of those 1500 how many were actually profitable in their first year? Before their first wave of renewals hit? It's at this point where you likely lose yet another factor of 10 in the other direction!
If the natural failure rate of something is 99% (and likely far more), AND you are introducing elements into the equation to make success even more challenging, then I just don't see how you can't see this as giving false hopes?
YES .. most definitely there are things that can be done to put a dent in the odds .. such as a good course.
But again what you're conveniently forgetting is that
there are so many more aspects needed to succeed in domaining that are beyond the scope of a technical domain course .. marketing .. linguistics .. phonetics .. and a strong gut feeling for business ideas and concepts .. it's not a short list .. and overlooking any such element is inviting failure .. and just giving someone a crash course in the basic technical elements of domaining is not going to make a strong enough dent in the math and numbers to turn this into so sort of miracle.
Then on top of all of that you putting them in markets where the profit margins and actual demand are
significantly smaller than average ... again .. putting another factor of 10 in the opposite direction.
It's all facts and math .. everything I've said are unfortunately not my opinions .. they are observable and measurable realities of the real world.
Again ... there most definitely could be people who succeed .. and the rate could go up significantly if there is an excessively heavy filtration process that weeds out 99+% of the candidates to focus on those who score extremely high in all the other non-technical domainer qualities needed to be good at domaining .. but that has not been mentioned in any way so far .. and if anything would go against the spirit of what's being tried to be done here.
Anyhow .. I hope I'm proven wrong ... or that the program ends up being significantly different than the way I understand it to be right now. Again .. I'm not saying it's not a good thing to want to help others in need .. I'm just saying that there are significantly better ways to do so (specifically direct funding to third-world education)