What happens when you receive a UDRP? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Success** · 07-09-2006, 01:57 AM

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?

**Blarian** · 07-09-2006, 08:46 AM

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.

**DNQuest.com** · 07-11-2006, 09:19 AM

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.

**DaddyHalbucks** · 07-11-2006, 09:37 AM

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.

**Success** · 07-11-2006, 04:38 PM

Great advice, everyone. Thanks a lot.

**typeins** · 07-11-2006, 04:55 PM

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!

**DaddyHalbucks** · 07-12-2006, 03:11 PM

Quote:

Originally Posted by Success

Great advice, everyone. Thanks a lot.

No problem. That's why Daddies exist.

**stuff** · 07-12-2006, 03:34 PM

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

**flybuzz** · 07-12-2006, 04:22 PM

what's UDRP stands for?

**DaddyHalbucks** · 07-12-2006, 04:25 PM

Quote:

Originally Posted by flybuzz

what's UDRP stands for?

UDRP = Uniform Domain Resolution Proceeding.

It's similar to an arbitration.

**DNQuest.com** · 07-13-2006, 12:00 PM

Quote:

Originally Posted by stuff

This is easy to avoid, move away from US

You really think so???

**MrGoodhost** · 07-13-2006, 01:32 PM

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.

**stuff** · 07-13-2006, 02:19 PM

Quote:

Originally Posted by DNQuest.com

You really think so???

yes