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07-09-2006, 01:57 AM
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#1 (permalink)
| | Platinum Lifetime Member
Last Online: 09-23-2008 03:25 AM Join Date: Aug 2002
Posts: 160
DNF$: 406 Location: dnforum.com | What happens when you receive a UDRP? I haven't get one. I am asking so I can prepare myself in case it happens.
Is the whole UDRP process done online? Or, do we need to do some travelling?
When we lose a UDRP case, do we need to pay anything?
If we want to forego the domain, are we still liable for anything and should we give it for free or ask for a small fee? |
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07-09-2006, 08:46 AM
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#2 (permalink)
| | DNF Regular
Last Online: 04-17-2008 01:08 AM Join Date: Mar 2005
Posts: 748
DNF$: 529 | Re: What happens when you receive a UDRP? I can't answer all of your questions, but under UDRP - the ONLY thing at risk is losing the domain. But, that doesn't mean a TM holder can't sue you as well and argue the same points as the UDRP case. I don't think it's possible to owe money solely based on a UDRP. And, you aren't going to be doing any travelling. |
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07-11-2006, 09:19 AM
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#3 (permalink)
| | DNF Addict
Last Online: 09-23-2008 04:35 PM Join Date: Oct 2002
Posts: 1,100
DNF$: 4,735 Location: Columbia, MD | Re: What happens when you receive a UDRP? Asking for a "small fee" would either make a company say "it's cheaper than fighting it" or they may say "We will not settle and we will crush this lil squatter"... There are recent postings about the latter....
Yes, you are still liable even if you lose, but the company must take you to court, prove damages, show loss of income, show your income.. they can also invoke the Lanham Act and you would also be liable of up to $100,000. So the question is, do you want to play games? or go on your merry way? Most companies will settle for aquiring the domain and let you off the hook.
__________________ Track emails that you send, PM me to find out how.... |
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07-11-2006, 09:37 AM
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#4 (permalink)
| | Adult Affiliate Guru
Name: Hal Last Online: 09-24-2008 03:30 PM Join Date: Oct 2002
Posts: 2,596
DNF$: 119,537 Location: Las Vegas, Nevada USA
Country: | Re: What happens when you receive a UDRP? First, you don't want to traffic in domains containing famous, registered, and distinctive trademarks. Sure, you can make some ill-gotten gains, but you risk everything --your house, your business, your bank acounts --by doing so.
Second, to answer your first question, yes, the entire UDRP is online. Don't be surprised if you get a panelist who is from another continent.
If you lose a UDRP, you do not need to pay anything, but you will lose the domain. Unless, of course, as another poster pointed out, you also get sued. That is unlikely, but possible.
Forego the domain? Hahahahaha. Once you get sued, plaintiffs want blood. They want to make you pay. They want you to give up your profits, they want damages, and they want their legal fees.
Under the UDRP, there is little incentive for a complainant to pay you any fee.
If you only get the UDRP, you are lucky.
Register TM domains --and you play with fire. |
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07-11-2006, 04:38 PM
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#5 (permalink)
| | Platinum Lifetime Member
Last Online: 09-23-2008 03:25 AM Join Date: Aug 2002
Posts: 160
DNF$: 406 Location: dnforum.com | Re: What happens when you receive a UDRP? Great advice, everyone. Thanks a lot. |
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07-11-2006, 04:55 PM
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#6 (permalink)
| | DNF Regular
Last Online: 10-05-2008 10:41 PM Join Date: Dec 2004
Posts: 817
DNF$: 2,391 | Re: What happens when you receive a UDRP? One thing to be noted, UDRP doesnt automatically mean they have any right to the name...
We have had a lot of UDRP's against us.. not a single one of them was relating to a domain they had any right to.. they simply try and enforce their trademark when they have no right to..
On a good note, we havent lost a single one yet! |
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07-12-2006, 03:11 PM
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#7 (permalink)
| | Adult Affiliate Guru
Name: Hal Last Online: 09-24-2008 03:30 PM Join Date: Oct 2002
Posts: 2,596
DNF$: 119,537 Location: Las Vegas, Nevada USA
Country: | Re: What happens when you receive a UDRP? Quote: |
Originally Posted by Success Great advice, everyone. Thanks a lot. | No problem. That's why Daddies exist.  |
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07-12-2006, 03:34 PM
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#8 (permalink)
| | DNF Addict
Name: Whois Whois Last Online: Yesterday 06:50 AM Join Date: Mar 2002
Posts: 4,185
DNF$: 130 Location: away | Re: What happens when you receive a UDRP? Quote: |
Originally Posted by DNQuest.com Asking for a "small fee" would either make a company say "it's cheaper than fighting it" or they may say "We will not settle and we will crush this lil squatter"... There are recent postings about the latter....
Yes, you are still liable even if you lose, but the company must take you to court, prove damages, show loss of income, show your income.. they can also invoke the Lanham Act and you would also be liable of up to $100,000. |
This is easy to avoid, move away from US
__________________ Zero Accomplisher and .mobi millionaire |
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07-12-2006, 04:22 PM
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#9 (permalink)
| | Platinum Lifetime Member
Last Online: 09-23-2008 11:12 AM Join Date: May 2006
Posts: 589
DNF$: 565 Location: usa | Re: What happens when you receive a UDRP? what's UDRP stands for? |
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07-12-2006, 04:25 PM
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#10 (permalink)
| | Adult Affiliate Guru
Name: Hal Last Online: 09-24-2008 03:30 PM Join Date: Oct 2002
Posts: 2,596
DNF$: 119,537 Location: Las Vegas, Nevada USA
Country: | Re: What happens when you receive a UDRP? Quote: |
Originally Posted by flybuzz what's UDRP stands for? | UDRP = Uniform Domain Resolution Proceeding.
It's similar to an arbitration. |
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07-13-2006, 12:00 PM
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#11 (permalink)
| | DNF Addict
Last Online: 09-23-2008 04:35 PM Join Date: Oct 2002
Posts: 1,100
DNF$: 4,735 Location: Columbia, MD | Re: What happens when you receive a UDRP? Quote: |
Originally Posted by stuff This is easy to avoid, move away from US | You really think so??? 
__________________ Track emails that you send, PM me to find out how....
Last edited by DNQuest.com; 07-13-2006 at 01:06 PM.
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07-13-2006, 01:32 PM
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#12 (permalink)
| | DNF Member
Name: Sean Last Online: Yesterday 10:44 PM Join Date: Aug 2005
Posts: 193
DNF$: 7,325 Location: Frankenmuth, Michigan | Re: What happens when you receive a UDRP? It can also be cheaper to just sue you for the domain (sometimes) rather than an UDRP resolution. (Such as, getting a restraining order on the domain and have the registrar transfer the domain to you. Big Corporations have attorney's on retainers or work directly for them. Godaddy is good at just holding the domain and transferring it to a TM Holder once they get notified of a legal complaint.) Scares the crap out of the little guy with no experience at buying domain names.
Just avoid domains that may have TM issues. No need for traveling. You can call them, but sometimes silence is better - depending on your intent. Email is just as good as a paper letter. |
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07-13-2006, 02:19 PM
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#13 (permalink)
| | DNF Addict
Name: Whois Whois Last Online: Yesterday 06:50 AM Join Date: Mar 2002
Posts: 4,185
DNF$: 130 Location: away | Re: What happens when you receive a UDRP? Quote: |
Originally Posted by DNQuest.com You really think so???  | yes
__________________ Zero Accomplisher and .mobi millionaire |
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