Bought for ~$10k in 2023, Finsure.com Saved in UDRP

Elliot Silver
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When I see the term “finsure,” my immediate thought is that it is a portmanteau of the terms finance or financial and insurance or insure. I suspect that is why Finsure.com sold for $9,750 in 2023 via NameJet expiry auction, according to NameBio.

A company called Finsure, which was founded in 2021, uses the Finsure.us Finsure.one domain name for its business (update: this was my error, but it shows there are numerous companies that use Finsure in branding). This company filed a UDRP against the Finsure.com domain name at the World Intellectual Property Organization (WIPO). According to DomainLeads, there are 46 “Finsure” TLDs registered and 10 of them are developed. This does not include several hundred other domain names that contain “finsure.” In short, it’s a pretty common compound word and not limited to one single company.

The UDRP decision was published this morning. Not only did the domain registrant prevail in this UDRP, but the three member panel also found it was an instance of Reverse Domain Name Hijacking (RDNH). Specifically, the panel found it was a “Plan B” filing whereby a company fails to purchase a domain name and files the UDRP as its “Plan B.”

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ICA Posts Video of WIPO-ICA UDRP Review Project Initial Report

Elliot Silver
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The ICA hosted a webinar to discuss the Initial Report of the WIPO–ICA UDRP Review Project Team. The joint project between the two organizations aims to explore ways to strengthen the UDRP with incremental improvements.

The primary topics of discussion were related to the following:

  • Registrar verification procedures
  • Fee payment deadlines
  • The potential for an appeals layer
  • Challenges of implementing changes like a “loser pays” system
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IBM Secures a RDNH Finding Without Asking

Elliot Silver
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A week and a half ago, I noticed a UDRP filing that appeared to be pretty egregious. A company filed a UDRP against ResourceInteractive.com and Resource.com at NAF. I think Resource.com is a 7 figure descriptive one word .com domain name. Both of those domain names have long been owned by IBM, a $225+ billion publicly traded company.

The UDRP decision was published this morning, and in an unsurprising decision, the panelist, Ivett Paulovics, ruled in favor of IBM. In addition, a Reverse Domain Name Hijacking (RDNH) finding was made. Incidentally, IBM’s counsel did not even request this finding, so it was as clear cut of an RDNH as they come.

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Be Mindful of TMs on .AI Expiry Auctions

Elliot Silver
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Namecheap is now running the .AI expiry auctions following a deal with Identity Digital. It looks like the first swath of expired .AI domain names is hitting the auction block in the next few days.

There are some very good descriptive / generic .AI domain names coming up for auction. Among them are Server.ai, Point.ai, Food.ai, Rock.ai, Drill.ai, Shipping.ai and many more. These are empty vessel domain names, and I think they could each be turned into brands in multiple verticals.

In my opinion, these descriptive domain names are investible assets. In fact, I will probably be bidding on some of the descriptive terms, despite having a higher than usual annual renewal cost.

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Consider Removing “WHOIS” from Domain Name Contracts

Elliot Silver
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I use several different domain name purchase or sale agreements depending on the situation. Each of these agreements references “WHOIS” as a means of confirming ownership of a domain name before or after a sale.

With the sunsetting of WHOIS in favor of the new RDAP, it might make sense for domain investors, brokers, and escrow agents to update their contracts. This was the advice of IP attorney John Berryhill, who works extensively within the domain name industry:

He subsequently some of the larger companies in the space adjust their purchase agreements:

As WHOIS records become obsolete and no longer a requirement for domain registrars, referencing WHOIS in a purchase agreement as a means of confirming ownership will be outdated. It may also “open up a can of worms,” as John put in his post.

I hadn’t thought about this until seeing John’s post, but I am going to send my purchase agreements to John for modification. I also think it’s a good idea to have him (or other attorney) give these agreements a once-over every once in a while to ensure they remain protective of my company and align with its needs.

Gong.com UDRP Should be RDNH

Elliot Silver
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The Gong Show was a television talent show on ABC in the late 1970s. Contestants would perform a variety of acts while being judged by a panel of celebrity guests. If a judge found an act particularly bad, they could hit a large gong, abruptly ending the performance.

It’s too bad there isn’t a gigantic gong at the World Intellectual Property Organization! A UDRP was filed against Gong.com at WIPO. It is case #D2025-0500. Without doing much research, I think this UDRP should be a case of Reverse Domain Name Hijacking (RDNH).

First and foremost, “gong” is a descriptive term. A gong is a large, flat, circular percussion instrument, typically made of metal, that produces a loud sound when struck with a mallet. That, alone, in my opinion, should be enough to doom this UDRP. However, there is more…

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