UDRP - Remedy

[googli]

If the remedy requested by complainant is to transfer the domain name, is it possible for respondent to 'cancel' the domain name as 'consent' without filing an official reply!

 

[Theo]

Probably not. By the time you receive the UDRP, the domain is (should be) in a locked down status. You can (should) edit the DNS etc. but can't transfer the domain or delete it.

 

[googli]

Theo, this is not what I asked. But thanks anyways.

Lads, Please read my post before answering.

Cancellation is a valid remedy and its not out of scope of UDRP.

Probably not. By the time you receive the UDRP, the domain is (should be) in a locked down status. You can (should) edit the DNS etc. but can't transfer the domain or delete it.

 

[Theo]

Cancellation is not an official "remedy" to a UDRP that has already being filed, when done unilaterally.

However, if the Complainant - via the UDRP - seeks the domain to be cancelled, as opposed to transferred, that's an official "remedy."

Are you with me so far?

 

[googli]

Of course cancellation is a valid remedy under the UDRP. Infact there are only 2 remedies that a complainant can ask for, Transfer and cancellation.

Whatever you are saying still does not answer my question.

If the remedy requested by complainant is to transfer the domain name, is it possible for respondent to 'cancel' the domain name as 'consent' without filing an official reply (not discussing (cancellation) anything outside UDRP)?

Cancellation is not an official "remedy" to a UDRP that has already being filed, when done unilaterally.

However, if the Complainant - via the UDRP - seeks the domain to be cancelled, as opposed to transferred, that's an official "remedy."

Are you with me so far?

 

[Theo]

Here we go again. Already answered that, so pay attention, mmmkay?

If you already received a note of transfer as part of a UDRP's proceedings, you are SOL. You can't just delete the domain. You will have to either default by not responding, respond in order to fight the UDRP, or respond in order to comply. In the latter case, the remedy is to transfer the domain.

So to recap: if they filed a UDRP and you want to rush and delete it so that the domain doesn't make it in the news, that's not gonna happen.

 

[googli]

I already pointed out, not discussing anything outside UDRP!

What if the complainant decide to amend the complaint and apply to change the remedy to cancellation. Will panel consider it a reasonable new development and accept the same?

Of course all before a response is filed.

Here we go again. Already answered that, so pay attention, mmmkay?

If you already received a note of transfer as part of a UDRP's proceedings, you are SOL. You can't just delete the domain. You will have to either default by not responding, respond in order to fight the UDRP, or respond in order to comply. In the latter case, the remedy is to transfer the domain.

So to recap: if they filed a UDRP and you want to rush and delete it so that the domain doesn't make it in the news, that's not gonna happen.

 

[Theo]

Ok, now we're talking.

If the Complainant amended their complaint before it went to arbitration, anything is possible. They can even instruct the WIPO/NAF etc to terminate the UDRP.

 

[katherine]

17. Settlement or Other Grounds for Termination

(a) If, before the Panel's decision, the Parties agree on a settlement, the Panel shall terminate the administrative proceeding.

(b) If, before the Panel's decision is made, it becomes unnecessary or impossible to continue the administrative proceeding for any reason, the Panel shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel.

Source: https://www.icann.org/resources/pages/rules-be-2012-02-25-en

2. In the event of the withdrawal of a complaint in accordance with Paragraph 4 of the Rules and Paragraph 5(b) of the Supplemental Rules, or the termination of an administrative proceeding prior to the appointment of an Administrative Panel, for cases involving up to 10 domain names the WIPO Center shall withhold a processing fee in the amount of the WIPO Center's share of the total fee; for cases involving more than 10 domain names the WIPO Center shall determine in its sole discretion the processing fee to be withheld by the WIPO Center. In the event of the termination of an administrative proceeding after the appointment of an Administrative Panel, the WIPO Center shall determine in its sole discretion whether any amount of fee paid by either party shall be refunded.

Source: http://www.wipo.int/amc/en/domains/fees/