Consequence of lying in UDRP procedure ?

[domaingenius]

I have just discovered that although the complainant pled that they held a trademark since a specified pre UDRP date they now appear not to have had such a foreign trademark as they have had to change their priority date on their US Application. If I find this conclusively what legal effect could it have, i.e. could I reopen the matter at WIPO, or could I use it as ammo in a US Court action ?. And please no names thank you.

DG

 

[charlescarreon]

Since you can always stay the effect of an adverse UDRP ruling by filing an ACPA action, you could introduce any and all relevant, admissible evidence. Of course, going to Federal court with an ACPA action is something that would only be justified to retain a very valuable domain.

 

[domaingenius]

Since you can always stay the effect of an adverse UDRP ruling by filing an ACPA action, you could introduce any and all relevant, admissible evidence. Of course, going to Federal court with an ACPA action is something that would only be justified to retain a very valuable domain.

In regard to ACPA, I really need to find out what the position would be on Costs if I were to lose. Would I stand to have to pay the other sides Attorney fees, or does each side bear their own Attorney fees win or lose ?.

DG

 

[DaddyHalbucks]

Paying the other side's attorney's fees usually happens only in exceptional cases. Maybe Charles Carreon can confirm.

 

[charlescarreon]

Attorneys fees are likely to go to the prevailing party in an ACPA case; however, the court has discretion on the amount. Your ACPA lawyer will need to "handicap" your likelihood of prevailing. If, as you say, there was actual fraud in procuring the UDRP claim, proof of that would certainly up your chances of keeping the domain and recovering your attorney fees. Feel free to pm me.

And Hal, feel free to give me a call sometime! It's been too long.

 

[domaingenius]

Attorneys fees are likely to go to the prevailing party in an ACPA case; however, the court has discretion on the amount. Your ACPA lawyer will need to "handicap" your likelihood of prevailing. If, as you say, there was actual fraud in procuring the UDRP claim, proof of that would certainly up your chances of keeping the domain and recovering your attorney fees. Feel free to pm me.

And Hal, feel free to give me a call sometime! It's been too long.

Thanks for the info. In fact they already have the domain. Is there any time limit to invoke the ACPA ,or is there another Tort other than ACPA I could use in US Courts. Let me say the Barcelona case fits mine like a glove.

DG