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Thread: INC.MOBI owner loses domain in WIPO decision.

  1. #21
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    Re: INC.MOBI owner loses domain in WIPO decision.

    Sad to say, but the cost to appeal this will depend on how much you want to spend. It will not be cheap. It is based on billable hours, so the amount of time you want a lawyer to spend on this will determine how much it costs.
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    Re: INC.MOBI owner loses domain in WIPO decision.

    Quote Originally Posted by MobileDesigner View Post
    Thank you all for your support. i have sent a simple email saying that i appeal it. Im supposed to have a lawyer represent me within 10 days, but it takes longer to get a lawyer in Japan. Im also quite confused with this.
    Sorry about your case. I'm learning about the UDRP process, and it seems like a crapshoot. Arbitrators don't have to follow precedent and have very wide latitude to decide whether a domain owner has bad faith or legitimate interests.

    Why would you need a lawyer in Japan? The UDRP complainant could choose your location or your registrar's state as the jurisdiction for any legal challenge to the decision. Since you're in Japan and your registrar, Wild West Domains, is in Arizona, I'm guessing that the Inc. Magazine people chose the latter.

    Also, aren't your 10 days up? The decision came down Jan. 19.
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    Re: INC.MOBI owner loses domain in WIPO decision.

    Quote Originally Posted by DNQuest.com View Post
    Sad to say, but the cost to appeal this will depend on how much you want to spend. It will not be cheap. It is based on billable hours, so the amount of time you want a lawyer to spend on this will determine how much it costs.
    Pretty much a big gamble. I dont have that much money to afford a big lawyer, so this system by WIPO is extremely bias. If you have money, you have more rights.


    Quote Originally Posted by rcade View Post
    Sorry about your case. I'm learning about the UDRP process, and it seems like a crapshoot. Arbitrators don't have to follow precedent and have very wide latitude to decide whether a domain owner has bad faith or legitimate interests.

    Why would you need a lawyer in Japan? The UDRP complainant could choose your location or your registrar's state as the jurisdiction for any legal challenge to the decision. Since you're in Japan and your registrar, Wild West Domains, is in Arizona, I'm guessing that the Inc. Magazine people chose the latter.

    Also, aren't your 10 days up? The decision came down Jan. 19.
    Thank you.
    I thought since i reside in Japan, i need Japanese representation. I have no idea about laws, just thought that i had to get a lawyer here. I contacted one on this forum, but he didnt seem interested.
    the 10 days are up, but i emailed them saying that the findings were false and posted for the public. I also did NOT receive the second official complaint nor the official resolution to this case! Just an email! I cant show the lawyer if i dont have any official documents (that have yet to be sent to me). I also corrected what WIPO posted false and that they should look at my evidence. I REALLY dont think that they looked at my evidence. I think they just saw me "not" being a large company and ruled for the big corporation.
    So i think that they are looking at it again before they transfer.
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    Re: INC.MOBI owner loses domain in WIPO decision.

    IMHO you have lost your chance to defend this properly. The cost to appeal is gonna be great and could take some time with no guarantee of success. I assume you paid RegFee for this. Take the loss and move on. In the future when you need help ask for it here or other domainer forums. We have helped construct excellent rebuttals to help members keep their domains. Hiring a lawyer is best but it's not needed if you are willing to put your own effort into it. One thing is to read past decisions if possible. Make your best arguments and make damn sure to rebuttal as much of the Complaintant as possible.

    Sorry to hear about your loss.

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