question about wipo cases

[DomainsInc]

Just a couple questions about wipo cases..

When a complainant makes an offer to buy a domain, does that in any way harm their rights to the domain?

Regarding the "consent to remedy" option, if the respondent chooses to go that way, will there still be record of the wipo complaint available online?

Thanks

 

[chipmeade]

An offer to buy can be used as evidence that the domain owner was attempting to extort money from the rightful TM owner and therefore help to prove a Bad Faith registration. Need to be careful with any and all offers. Regarding the WIPO record, it will remain but listed as cancelled.

 

[DomainsInc]

An offer to buy can be used as evidence that the domain owner was attempting to extort money from the rightful TM owner and therefore help to prove a Bad Faith registration. Need to be careful with any and all offers. Regarding the WIPO record, it will remain but listed as cancelled.

I am talking about the TM holder anonymously making an offer on the domain. Does that hurt their case at all?

So all info will remain? ie complainants and respondants name, address ect?

 

[chipmeade]

I am talking about the TM holder anonymously making an offer on the domain. Does that hurt their case at all?

So all info will remain? ie complainants and respondants name, address ect?

That is what I was talking about. Lawyers or others(without identifying themselves) will make offers for a domain name 1) in earnest looking to buy at that price OR 2) looking to see if you respond that the name is for sale to use it against you. If they were looking to buy but feel like your price is too high/abusive, they have the evidence they want to show the panel that you were only holding the domain to gouge.

Regarding the cases, they are kept with all pertanent info (I think) but they are not searchable via their online database of cases. Just the domain, Complainant, Date (month/year) and the fact that it was terminated. I am certain that if someone want to know the info behind that case, they can get it. Can't confirm but seems most likely. i.e. wipo.int/amc/en/domains/search/case.jsp?case_id=20349

 

[A D]

When a complainant makes an offer to buy a domain, does that in any way harm their rights to the domain?

Having been through a few of these myself, I can tell you YES it does hurt the complainants case if they made a previous offer and it was turned down.

In the case of elephant.com, they lost the wipo case and later we agreed to a purchase price well above their original offer.

http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0241.html

This was a landmark case in 2005 and is worth a read.

-=DCG=-

 

[DomainsInc]

That is what I was talking about. Lawyers or others(without identifying themselves) will make offers for a domain name 1) in earnest looking to buy at that price OR 2) looking to see if you respond that the name is for sale to use it against you. If they were looking to buy but feel like your price is too high/abusive, they have the evidence they want to show the panel that you were only holding the domain to gouge.

Regarding the cases, they are kept with all pertanent info (I think) but they are not searchable via their online database of cases. Just the domain, Complainant, Date (month/year) and the fact that it was terminated. I am certain that if someone want to know the info behind that case, they can get it. Can't confirm but seems most likely. i.e. wipo.int/amc/en/domains/search/case.jsp?case_id=20349

Thanks for the info. For some reason I was under the belief that by making an offer on a domain the TM is not defending their mark, which is not viewed in a positive light in UDRP cases. Its not fair because how is the respondent suppposed to know the person on the other end has a trademark unless they state so?

---------- Post added at 11:40 AM ---------- Previous post was at 11:35 AM ----------

Having been through a few of these myself, I can tell you YES it does hurt the complainants case if they made a previous offer and it was turned down.

In the case of elephant.com, they lost the wipo case and later we agreed to a purchase price well above their original offer.

http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0241.html

-=DCG=-

Great, thats what I thought. Thanks Adam.

 

[katherine]

Tm holders must be pragmatic, a WIPO is not for free so it's often more cost-effective to pay ransom to a cybersquatter. Sometimes squatters are greedy, then they are hit with a WIPO or sued.
An offer can indeed be a trap to establish 'bad faith' against the registrant. So I don't think making an offer automatically weakens the position of the TM holders. It could even be construed as a graceful attempt to solve a TM issue.

 

[ksinclair]

Excellent example! Every domainer should read this case

Having been through a few of these myself, I can tell you YES it does hurt the complainants case if they made a previous offer and it was turned down.

In the case of elephant.com, they lost the wipo case and later we agreed to a purchase price well above their original offer.

http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0241.html

This was a landmark case in 2005 and is worth a read.

-=DCG=-