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No money back with UDRP even when you win. Sue.
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Does anyone know a way to recover legal fees from a lost complainant?
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No money back with UDRP even when you win. Sue.
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It's just an expensive pain in the ass, all you can hope for is after they lose they offer to buy the domain.Originally Posted by katherine
-=DCG=-
Well a complainant should post a 10k bond before filing a UDRP. Its really not that fair to a domain owner to have to spend the time and cost of filing a URRP response with out repercussions. Whats good for the goose (us legal court) is good for the gander. I do plan on suing and thankfully they do business in california but im wondering if anyone else has tried with success.
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If they doing business in CA you are good to go - If they caused pain and suffering sue for that as well.
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That would be a sure fire way to make sure that you wind up looking like a moron in front of the judge. You can't sue for "pain and suffering" because someone tried to take your domain name.
---------- Post added at 09:07 PM ---------- Previous post was at 09:06 PM ----------
That would be pretty cool... but, what about complainants who win? Should they also be able to recover fees? Be careful what you wish for, and which morons you listen to.
First of all, Complaint does sue in some cases where cybersquatters and infringement leads domain owner to pay lots of high fines. So Complaint does everything. It would be interested from the domain owner who win the udrp sue the complaint. I think it should be good to go and ask for your legal fees you have spent on this case.
As far as pain and suffering would be no good good case, but retrieving your legal costs will make a good case and chances are high you will win consdering UDRP is won
Would you really want that double edged sword? Would you want a successful complainant being able to recover the cost of their legal fees if they prevail? Especially given the shaky logic, misapplication of precedent, and distortion of the facts that some panelists suffer from?
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