discuss Unique idea to help grow domain industry

[AbdulBasit.com]

Hello and Assalamo Alaikum,

I always think about making our domain industry more stronger than ever. I’ve come up with a simple but great idea and if this can be implemented, it will be helpful for all domainers participating in this great cause.

There are many instances where domainer gets hit with UDRP and just because of lack of funds, he/she is unable to respond back. Although there have been some cases where a domainer been hit with UDRP and don’t even bother responding having loads of $$$ and ends up even losing it. Well, I’m not talking such lazy domainers and we can rule them out for sure. Domainer including newbie, veteran, panel members or can be any one participate and donate funds.

So what my proposal is we can have 3 or 5 members panel which comprises of domainers and at least one IP lawyer. One of the panel members shall be collecting and sharing it publicly about the total collected and available funds.

Next step is we’ll urge all domainers who’re well capable and have adequate funds to donate on regular basis to collect as much funds as possible which will cover all the expenses from responding to UDRP utilizing the services of our IP lawyer and other expenses incurred if any.

Once we’re well set in terms of securing funds, any domainer who gets hit with UDRP and can contact us in order to seek help in responding. We’ll leave up to the honesty of that domainer to inform if he/she is having no extra funds to respond or can partially cover the fees.

There will be a criteria of minimum two things to meet before we proceed any further.

1) There has to be enough funds easily available with us to cover all necessary expenses.

2) Majority of the panel members MUST agree upon the case in hand is good enough to be responded back. Because we would not be wasting any money on obvious trademark domains.

If the above two conditions are met, funds will be allocated for that particular case and our IP lawyer will take it up further.

I would like everyone to chime in and give your suggestions and/or feedback.

Thank you!

 

[1Darko]

This is a great idea @AbdulBasit.com

 

[mani0307]

Great idea.

 

[bmugford]

I thought about doing the same thing years ago, in fact at the time I registered DomainDefenseFund.com for that use. Using funds to hand select cases to help defend.

Many people don't have a clue about the process. Outside just helping with legal fees, education and guidance is an important thing as well.

Some cases are so egregious that they need to be forcefully defended.
It would also be nice if some lawyers were willing to work for a slightly lower fee for this cause.

Brad

 

[bmugford]

As a member of the ICA, I would not mind the ICA doing this as well.

To have a fund to defend obvious and flagrant abuses of UDRP is beneficial to domainer rights in general.

Brad

 

[BoomingNames.com]

Waalikum Assalam!

Well dug out idea and need of the hour too.

Hoping it will be translated into reality after some experienced domainers chime in and give their output for final shape up of the idea.

Stay Blessed Basit!

 

[biggie]

Hi

wasn't that the goal or intent of ICA?

imo...

 

[AbdulBasit.com]

I thought about doing the same thing years ago, in fact at the time I registered DomainDefenseFund.com for that use. Using funds to hand select cases to help defend.

Many people don't have a clue about the process. Outside just helping with legal fees, education and guidance is an important thing as well.

Some cases are so egregious that they need to be forcefully defended.
It would also be nice if some lawyers were willing to work for a slightly lower fee for this cause.

Brad

Nice to hear you were suppose to start off some years back.
Do you mind sharing what stopped you taking it any further?

I wouldn't mind if ICA does it, but the point is it should be implemented as it's the need for many who cannot afford it genuinely.

Hope to hear from others and let's see how we can take it to next level...

 

[bmugford]

Hi

wasn't that the goal or intent of ICA?

imo...

Defending the rights of domain owners is certainly in their charter. How they do that is another discussion.

I would certainly be willing to donate more if they had that type of fund which makes a direct impact on UDRP abuse. It might also give companies pause before they file some of these frivolous disputes.

Brad

 

[bmugford]

Nice to hear you were suppose to start off some years back.
Do you mind sharing what stopped you taking it any further?

I wouldn't mind if ICA does it, but the point is it should be implemented as it's the need for many who cannot afford it genuinely.

Hope to hear from others and let's see how we can take it to next level...

It requires a lot of organization. I just never got around to it.

One benefit of the ICA having a fund like this is they are a reputable well known group with a charter that should support something like this. On top of that the group is already well connected with domain investors, domain companies, IP lawyers, etc.

Brad

 

[biggie]

Defending the rights of domain owners is certainly in their charter. How they do that is another discussion.

yeah Brad, that discussion and how it's done, would surely be applicable to @AbdulBasit.com idea

I would certainly be willing to donate more if they had that type of fund which makes a direct impact on UDRP abuse. It might also give companies pause before they file some of these frivolous disputes.

Brad

I agree that a sizable defense fund, could be a deterrence to frivolous claims.
and it's notable that you'd be willing to contribute more to the cause.

but who's controlling, allocating and distributing those funds, will be the question.

imo...

 

[dncafe]

For those wondering about the ICA:

The Internet Commerce Association, or ICA, is a Washington based trade organization that represents the interests of domain name investors and developers and the direct search industry through their education of advertisers, working with policy developers, and their lobbying of diverse groups.......

.....The ICA was created in 2006, following the lawsuit between ICANN and Verisign. They claim that; "After reviewing that back room-negotiated no-bid perpetual contract, domain name monetization industry leaders concluded that permanent representation within ICANN, in Washington, and in other critical decision-making arenas was needed to protect its collective interests"

Read more: https://icannwiki.org/ICA

 

[AbdulBasit.com]

It requires a lot of organization. I just never got around to it.

One benefit of the ICA having a fund like this is they are a reputable well known group with a charter that should support something like this. On top of that the group is already well connected with domain investors, domain companies, IP lawyers, etc.

Brad

I agree on ICA part. But since they haven't done anything yet in this regard or as far as I'm not aware. It would be better if they play their role or we should start on our own...

 

[AbdulBasit.com]

yeah Brad, that discussion and how it's done, would surely be applicable to @AbdulBasit.com idea



I agree that a sizable defense fund, could be a deterrence to frivolous claims.
and it's notable that you'd be willing to contribute more to the cause.

but who's controlling, allocating and distributing those funds, will be the question.

imo...

I think if we (many of the domainers) agree upon starting to donate, and if we think we can gather enough funds every year, we can then move onto next level by looking out for the right group of people to manage, allocate and distribute those funds.

 

[dncafe]

I think if we (many of the domainers) agree upon starting to donate, and if we think we can gather enough funds every year, we can then move onto next level by looking out for the right group of people to manage, allocate and distribute those funds.

One of the biggest challenges might be selecting who you are actually helping.

What if someone bought MyFacebook.com last year and feel like they have the right to that domain name. Are funds going to go towards a legal battle with FB? Who decides what domain names are worth fighting for and what domains are a clear trademark issue?

 

[Hustling]

So pretty much like a VC-backed fund /Kickstarter meets a self-appointed jury, but for UDRP defense cases? Am I right?

And what will be the incentive of encouraging (a) outside parties to donate their own funds, & (b) appointed panel members to hear cases?

 

[AbdulBasit.com]

One of the biggest challenges might be selecting who you are actually helping.

What if someone bought MyFacebook.com last year and feel like they have the right to that domain name. Are funds going to go towards a legal battle with FB? Who decides what domain names are worth fighting for and what domains are a clear trademark issue?

We'll select the best possible well experienced 3-5 people from our industry who'll decide which domain to be selected towards a legal battle AND is it even worth fighting for it. Both these things will be decided by the panel members and majority's vote would be counted.

 

[Josh R]

I would join the ICA if they helped defend flagrant UDRP filings. Simple as that.

 

[AbdulBasit.com]

I would join the ICA if they helped defend flagrant UDRP filings. Simple as that.

Me too. But since there isn't any clear message in this regard from them for years, I thought to test waters and see if we all can make it happen...

 

[AbdulBasit.com]

So pretty much like a VC-backed fund /Kickstarter meets a self-appointed jury, but for UDRP defense cases? Am I right?

And what will be the incentive of encouraging (a) outside parties to donate their own funds, & (b) appointed panel members to hear cases?

Those "outside" parties will be actually from the domain community itself. They can indirectly or directly whatever one thinks can benefit from it by helping others and give loud and clear message to future wanna be complainants to think plenty of time before they take any legal action. This may eventually slow down the number of frivolous complaints coming in on regular basis.

 

[Hustling]

Those "outside" parties will be actually from the domain community itself. They can indirectly or directly whatever one thinks can benefit from it by helping others and give loud and clear message to future wanna be complainants to think plenty of time before they take any legal action. This may eventually slow down the number of frivolous complaints coming in on regular basis.

Yeah, got it.

Domainer including newbie, veteran, panel members or can be any one participate and donate funds.

Was just a little confused when you stated "any one participate".

So once more, would anyone from the domain community get a cut/commission for such services? And would panel members charge the clients upfront?

I don't expect you to have all the answers, but would just love to hear your thoughts.

 

[AbdulBasit.com]

Yeah, got it.

Was just a little confused when you stated "any one participate".

So once more, would anyone from the domain community get a cut/commission for such services? And would panel members charge the clients upfront?

I don't expect you to have all the answers, but would just love to hear your thoughts.

I'm happy to answer any questions.

Well, the real purpose is simply to help fellow domainers and make our industry more stronger. Since all panel members be helping so taking away any service charge wouldn't make sense except the IP lawyer who can help in by making it's fee bit more reasonable than usual.

Also any upfront fee isn't a good idea.

These are my thoughts and any one can present their own and we can make it look overall better to make it practical.

 

[Hustling]

I'm happy to answer any questions.

Well, the real purpose is simply to help fellow domainers and make our industry more stronger.

Points well taken. It's a good idea, and I agree in that this would prove to be really beneficial to fellow domainers - especially the most vulnerable domainers that do not have the financial resources to defend a case for themselves, or know who to turn to.

Since all panel members be helping so taking away any service charge wouldn't make sense except the IP lawyer who can help in by making it's fee bit more reasonable than usual.

I also agree with you that an IP lawyer may need to be compensated as I don't foresee them giving away legal advice for free. The initial hurdle would obviously be getting them to become a panel member /to show-up at the table.

Also any upfront fee isn't a good idea.

This would make for an obvious incentive and a compelling case for domainers, facing the threat of a UDRP, to seek out such services.

Perhaps could take a cut afterwards, on the condition, one would only do so as long as they were to win them their case. Could then use these collected funds and reinvest it into future cases worth defending.

Kind of reminds me of one of those personal defense attorney commercials, where they say, something like, "you don't pay unless we win". Maybe the same could be applied to your proposition.

 

[urlurl]

actually, a better model would be if a member wanted to participate they would reg what names they wanted to be protected and pay a small fee per year (say $0.15-$.25) per name, the names would be reviewed by the panel to exclude obvious TM names.

in the event a UDRP case came up the names would be represented to be defended.

 

[D Haynes]

actually, a better model would be if a member wanted to participate they would reg what names they wanted to be protected and pay a small fee per year (say $0.15-$.25) per name, the names would be reviewed by the panel to exclude obvious TM names.

in the event a UDRP case came up the names would be represented to be defended.

A kind of UDRP insurance? Sounds like a more viable option to me.