Questions about UDRP and "registrar freeze" status on a domain name

[dvdrip]

What about?
I think all was covered.

 

[Dave Zan]

Interesting..so what you are saying is that privacy is'nt worth 2 shakes of a lambs tail when a name get's UDRP'd?

Only on that situation and, say, a court order asking for the actual info, or if
the registrar chooses to cooperate with law enforcement. It's their ***, too,
depending on how severe the issue is.

 

[Deleted member 5660]

he can answer the complaint

 

[jberryhilljberryhill is verified member.]

Interesting..so what you are saying is that privacy is'nt worth 2 shakes of a lambs tail when a name get's UDRP'd?

It wasn't intended to.

Read the terms of service.

 

[Focus]

My friend is afraid they are going to go after him for domain revenue and freeze bank accounts and such and levy huge fines on him, he's quite the worry wart...he's even mentioned not wanting to goto jail for owning/using a tm name (assuming if he got sued and could'nt pay it that would happen)...is he way off the map here?

 

[katherine]

You said it's 'just' a UDRP so the worst that happens is loss of the domain + bad rep.

Now if the other party doesn't succeed with the URDP they could sue and claim monetary damages, it's another option they can pursue but is that the order of the day ?

 

[dvdrip]

Focus I told you to tell him to contact them using a different name and offer them the domain. This way he will not even have the bad rep.

 

[Focus]

I think he did....they can't sue him after a UDRP?

 

[katherine]

I think he did....they can't sue him after a UDRP?

They can.
In particular if the UDRP panel does not rule in their favor
If they win it's unlikely they would pursue further.
The fact that they initiated a URDP rather than court action suggests they are more interested in the name than monetary damages.
PS: Not legal advice

 

[Fatbat]

Usually you get contacted by company lawyers before any WIPO case gets filed, and if you think it's a clear cut loss coming, you can just hand over the domains in question. More often than not I've gotten a few hundred bucks out of the complainants because a WIPO case costs $1000 us and if you cooperate, they are saving money.

I've had one WIPO case that I was stubborn about and outright lost.
I've had two cases where I just handed over 3 and 6 names respectively.
I've had 3 cases where I was able to get a few hundred dollars/euros/pounds for about 10 domains... maybe $1500 total.

In all cases the lawyers threatened to come after me for damages and fees if I didn't comply. They like to stomp their feet and the threat is always there if you make it difficult for them. They could decide to try to get their high priced lawyers fees and the cost of any arbitration/ litigation out of you.

Sometimes if you just play nice and make things really easy they'll give you some cash for your troubles. At least they have in my experience. Yours might vary.

In this case I think your buddy should just reply to the complainant and WIPO and say he'll hand over the domain in question before arbitration. I seriously doubt anything else will happen.

 

[dvdrip]

And if he hands over the domain, complainant gets some of his money back. At least at WIPO he does.

I think he did....they can't sue him after a UDRP?

Did they accept? All the times I asked the Complainant to transfer the domains, they accepted.

Then they would have to suspend the UDRP, transfer the domain and finally terminate the UDRP.

If they didn't accept then he will just lose the UDRP.

 

[Fatbat]

And if he hands over the domain, complainant gets some of his money back. At least at WIPO he does.

I did not know that. Thanks for the info.

 

[Raider]

I think you'll find this case interesting Focus,

Gaylord Entertainment Company v. Nevis Domains LLC

It applies to a private registration and has some interesting players were all familiar with, (Refer to "C. The Parked Domain and Respective Landing Pages)

http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0523.html

 

[Focus]

whoa nelly...talk about an extensive udrp!

 

[dvdrip]

This must be the longest WIPO without a response.
All this work and no reply.

I think you'll find this case interesting Focus,

Gaylord Entertainment Company v. Nevis Domains LLC

It applies to a private registration and has some interesting players were all familiar with, (Refer to "C. The Parked Domain and Respective Landing Pages)

http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0523.html

 

[jukeverb]

my registrar has my domain on UDRP Freeze, just realized this when trying to renew which was set to auto, I have owmned the domain since 1996...don't know or understand why this action has been taken, I won the case re this domain name 13 months ago, why this action now? any help greatly appreciated.
I await a response from my registrar re this question.
also why no prior warning that this domain name would go in to UDRP Freeze status?

 

[Dave Zan]

I won the case re this domain name 13 months ago, why this action now?

By case you mean UDRP or a legal suit? If the registrar locked the domain due
to that "case" and you indeed won, then send them a copy of the decision as
they might be waiting for it.

But if they locked the domain name due to a new and different case than the
one you won, then try asking for more specifics from them. Unfortunately the
registrar doesn't really have to notify you of it to begin with unless, say, any
applicable law or their registration agreement states they'll do exactly that.

 

[TheLegendaryJP]

Odd it would be frozen over a complaint, this sounds like legal action. That is why havimg a real contact email in a sensitive name's whois is better than completely private imo, leaves room to negotiate a hand over and no further action. jmo

 

[domaingenius]

Odd it would be frozen over a complaint, this sounds like legal action. That is why havimg a real contact email in a sensitive name's whois is better than completely private imo, leaves room to negotiate a hand over and no further action. jmo

I applied to transfer "A" domain recently , paid for it, used auth code
etc. Then 1 hour after doing that complainant sent email filing a
complaint to WIPO and Registrar and they locked domain
immediately. They do not have to do that under UDRP apparently,
but many do.

DG

 

[jberryhilljberryhill is verified member.]

Odd it would be frozen over a complaint

Never underestimate the stupidity of some registrars, or dispute resolution providers.

There are many registrars who never even see NAF decisions, because the NAF emails them as Word files using an extension like Domain.com.doc. Some email systems will delete that as a potential virus file. Hence, the name never is unlocked.

WIPO, on the other hand, has a hard time keeping email addresses straight during a UDRP.