Is my domain portfolio considered my trade secret?

[ItsMe123]

I have a legal matter where one is asking a complete list of all domains I own in discovery. I see my domain portifolio as a trade secret. This case only involves one domain so why should I have to reveal all my domains.(and is not even the topic of the case, just that I generate business from it that someone else is trying to say comes from other sources--- I know sounds crazy -- the whole claim is ridculuous and I am hoping will be tossed out on summary disposition) does anyone know caselaw where a domain or domain portfolio has been decided by the court to be a tradesecret? Has this ever been looked at all, does anyone know?

It is not requested for any estimation of my worth either.

Any help would be very appreciated

I want to go trade secret on the portolfolio it as I can show I have taken a measures to prevent it from being known


I also have to stay that I am so happy to have found dnforum. Kudos to all of you that make this such a great place on the net ---- pssst, I have a secret to share, it my favorite forum on the net, not just favorite domain forum but forum. I have never come across one so taken care of ---- Hats Off To All Of You

After hitting submit and reading my post, I have to do a "Quick Reply". I apologize and hope those of you who have taken the time to read my post can forgive me as you struggle through my typos. In return for your forgiveness, I promise to proofread before clicking submit. -- sorry--

 

[Tia Wood]

I'm not sure. It's pretty easy to find out which domains you own with a little searching around. But I don't get why they want to see your entire list. I think you should ask a lawyer.

 

[jberryhill]

is not even the topic of the case

If it is an ACPA case, then other domain registrations are relevant to the "bad faith" factors enumerated in the ACPA.

I doubt one could successfully claim that a domain portfolio qualifies as a trade secret. I wouldn't rule it out as a possibility, to the extent that the portfolio might reveal domain registration strategy etc. But the basic outlines of a trade secret - you take measures to confine knowledge of the portfolio to your organization (which you don't, since the registrar knows it, and it could theoretically be obtained from public whois or other data); you derive commercial value from the fact of maintaining it as a secret (the coca-cola formula); don't seem directly applicable.

A related question is "what damage would be done by disclosing the portfolio"? Would it result in providing competitive information that would decrease your revenue, or is the problem really that it would hurt your position in this legal dispute? If it is is the latter situation, then what you are trying to do is to evade discovery of relevant evidence, not to protect a trade secret.

Even if it is a trade secret, you'd still likely have to cough it up pursuant to a protective order to prevent public disclosure, as opposed to disclosure to the other side's counsel.

This particular discovery request is the 'third rail' of ACPA litigation, in the event you are uncomfortable having someone look at all of your domain registrations.

 

[Dave Zan]

Great question and answer. Thanks a bunch to everyone here for bringing up
the subject!

As always, though, be ready to retain professional legal help.

 

[jberryhill]

If he does want to take that position, I'd love to see the brief and any ruling.

This is why some otherwise good cases are not litigated.

 

[ItsMe123]

Thank you so much for replying. I thought I should explain further and then you could get a better feel on things.

My reason for not wanting to reveal my portofolio is that supplying the information would decrease my revenue. Please see the following

Some of the domains in question are used to generate mortgage leads. I have a lot of mortgage experience and I have taken a great deal of time to come up with sites that convert and get the information I want out of people to make a great lead.

I ask in my lead form (here is a great secret for all you people collecting mortgage leads depending on how you use them/sell them) if and where the person has previously applied. This is not a question that anyone else asks and it is valueable information coupled with the fact that I do not want everyone else mimicing my approach. This information allows me a great edge as a loan officer as I know what other lenders are playing in the ball park. It also is great for lead sales as I know just how "exclusive" a lead is and can relay if and where the customer has applied to the LO/lender I am selling the lead to.

The time I have put into all of this to gain the conversion I have is not something I want to let everyone look at, especially a large lender with an IT department and 1000's of affiliates that might mimic parts of it.

Here is how I got here ---What happened is I sold some of the leads on Ebay and indicated where a percentage of the people had applied for a loan at in the Ebay listing -- Yeah, hindsight is 20/20. Next thing I know, a very large lender serves me with Summons and Complaint saying somehow I had "stolen" their lead files and was selling them. ((I did work for this very large lender 3 years ago but was NOT in any type or even close to a position where I would ever had access to this top level private information, I was a just a little guy, on a very large totem pole, lol) I do have to tell you that I slapped them with a very strong hostile work environment counterclaim that I wanted to file for years as the work environment was nothing short of pure hell --- as my grandma always said -- be careful what you wish for) I believe had I not filed the counterclaim, they would have read the affirmative answer to the Summons and Complaint and dropped the case realizing my leads were legit and not somehow stolen from them, however with my counterclaim I don't see them doing this. It is just ridculous. Well I did answer the Complaint with an affirmative defense saying I generate the leads from forms on my domain where the customer had indicated they had applied at this large lender. (I showed one website form and gave the domain name of that form as an exhibit to back up my affirmative defense) I did reveal the domain but have removed some of my content from this particular domain/webiste for awhile as I do not want every other mortgage lender mimicing what I have worked so long and hard on.

Now for discovery they want to give a list of all my domains -- not just mortgage domains but all of them --- I have domains from lending to flowers .

However, in their Summons and Complaint they went on and on about how lead generation is a large lending trade secret so by me agreeing with their own statements by their high price legal team, I am hoping they have wrote half of my trade secret arguement.

The whole thing ticks me off as I find myself dealing with this and I did nothing wrong. I am hoping that their case which is built on straw will get tossed. They have proposed no mechaciam as how I could have ever done such a thing but want me to reveal in discovery everything that makes my sites work-- they just say I must have done this and they are trying to use as proof -- I sold leads on Ebay. In my opinion, it is as frivilous as the day is long.

I think this is unfair as I do not want my material (domains/websites) poured over and my conversion methods out there to be copied on a large scale. What I have done works very well for me and I have worked very hard to get it that way. I also feel the domains that have no relation at all to the lending industry are so immaterial it is pitiful. Not to mention the even larger issue --I have not done a dang thing wrong and they have no pathway at all proposed in which I could have -- Like I said before, their proof is I sold leads on Ebay and said in the Ebay ad that a percentage of these people had previously applied at this large lender. I know they applied at this large lender because they indicated they had on MY website form.

I have not shared what domains I own with anyone. Noone knows the passwords for my domains or my hosting account. I build all of my own websites (as painstaking as it is with my limited skills but as I go I get better) I employ noone with my internet endeavors so it is only me who knows my business, if that isn't protection of a secret, what is?

I want to let you know I am going to fight revealing my domain portifolio tooth and nail -- I will let you know how I do.


Thanks Again For Your Replies And I Appreciate Your Input

 

[jberryhill]

I have not shared what domains I own with anyone.

Of course you have.

Are they all at one registrar? Is DNS set up for them by one hosting company?

 

[YOYOYO]

Of course this is why no one with a successful business, especially internet related should be hanging out in the us

 

[labrocca]

Very interesting read. I have a questions though...are you sure that them knowing your domain names would truely lower your value? What about changing all the sites forms for now? Or what about selling them all to your Uncle? I am not sure how to best play this one out.

JBH..even if they are all at one registrar he could be using privacy...also if he uses a big host like 1and1 then there are thousands of names on the same DNS or server so that proves little. I like his attempt to claim his portfolio as a trade secret but I am not sure if it will succeed.

Good luck sir. Please keep us informed.

 

[jberryhill]

Or what about selling them all to your Uncle?

A sham transfer for the purpose of evading discovery would be a really bad idea. If he wants to file for a protective order, he can do that.

even if they are all at one registrar he could be using privacy

You are missing the point. One of the indicia of a trade secret is that it is maintained subject to disclosure safeguards within your organization. Whether there is privacy or not, the REGISTRAR is an outside organization which fully knows the names in the portfolio and is itself subject to subpoena.