Example of "anti-UDRP" domain lawsuit

[denny007]

I am preparing lawsuit for one domain for case I lose UDRP, I just need to know how exactly to sue, what to request from court. I know there are few examples of whole lawsuits as pdf, I just can not google it. So if anyone could could give me link. I just need hint WHAT exactly to sue, what judgement I am asking court. Do I sue complainant ? DO I "sue" domain in REM ? Is it enough the court to give me judgement that I am rightful owner of the domain name and the UDRP is invalid ? Thanks guys !

 

[denny007]

Found some on DNW

 

[angel69]

Dude, are you saying you already LOST the UDRP and you now plan to sue the other party (the guys who won your domain) ? If that's the case then it's better if you ask the forum something like "Is there any recourse after losing a UDRP ?" Just trying to help, and good luck, I hope it's a valuable domain and that it will be worth all these efforts

I am preparing lawsuit for one domain for case I lose UDRP, I just need to know how exactly to sue, what to request from court. I know there are few examples of whole lawsuits as pdf, I just can not google it. So if anyone could could give me link. I just need hint WHAT exactly to sue, what judgement I am asking court. Do I sue complainant ? DO I "sue" domain in REM ? Is it enough the court to give me judgement that I am rightful owner of the domain name and the UDRP is invalid ? Thanks guys !

 

[denny007]

Dude, are you saying you already LOST the UDRP and you now plan to sue the other party (the guys who won your domain) ? If that's the case then it's better if you ask the forum something like "Is there any recourse after losing a UDRP ?" Just trying to help, and good luck, I hope it's a valuable domain and that it will be worth all these efforts

Not yet but with UDRP you never know. And I am preparing it now because then I will have just 10 days to file it.

And I do not need to ask for "recourse" because I know there is one - a lawsuit. What I was asking was how exactly the lawsuit should look like, what exactly I should be litigating. Now I found two example so I know now. Thanks anyway

 

[Dave Zan]

That depends on the jurisdiction, Denny, namely that of the registrar or the registrant. UDRP, though, requires the complainant to choose one jurisdiction between those two, so that's your starting point.

 

[angel69]

denny007, are you defending yourself before the WIPO officers or you have a lawyer ? Just curious (also, you have 1 WIPO judge or 3 ? ) Let's hope you win, it sounds like you value the name a lot and that it's worth a lot of $ in the open market.......But in case the other guys should win, then you'll definitely need an experienced domain lawyer, suing to reverse the UDRP decision WIPO will be making cannot be cheap as far as legal fees either. Also, once WIPO rules, it takes a real good legal case made by your side to award you the domain back, keep us posted

 

[denny007]

I know indeed about the jurisdiction (it will be my country) I just wanted understand what decision I will ask the court to give in that lawsuit. Also the court will not be awarding anything "back" because once I will do the lawsuit it automatically blocks the transfer till the decision is made. Considering in my country lawsuit is pretty cheap (for me, but the complainant will likely hire international law company) and it might take court years to decide, the complainant is in really bad luck trying to steal my domain. And of course I will ask for 3-member panel first. So all in all complainant will spend 6-digit USD sum and NOT get the domain. Idiots, because I would sell it to them for $20K.

 

[jasdon11]

Complainants aren't from Brazil are they?

 

[Dave Zan]

I know indeed about the jurisdiction (it will be my country) I just wanted understand what decision I will ask the court to give in that lawsuit.

If anything, similar decisions may say something like "pray for this kind of action under this law". Then, you tailor that according to whatever law applies in your jurisdiction.

Better get a lawyer when you can, though.

 

[angel69]

Since we're not allowed to mention the real domain here, especially those under litigation, even people who are knowledgeable about domain law could not give accurate advice, too bad cuz what's happening to you may happen to many of us, and sooner than we think

Can you tell us what the bulk argument of the other side was, in general terms, you think WIPO may decide in the other guys' favor, was their argument that effective ?

Did you try to sell it to them before they went into the UDRP phase ?