Where to after UDRP ?

[domaingenius]

Assuming one loses a UDRP where can one take the matter
after the initial decision and what is time limit ?.
Just getting ready.

Thanks

DG

 

[katherine]

I think you need to sue if you're unhappy with the outcome.
Buy you need to provide notice to the registrar within 10 days or so that legal action has been initiated, otherwise they will still transfer/delete the name as per the ruling. I need to find the source for that.

 

[domaingenius]

I think you need to sue if you're unhappy with the outcome.
Buy you need to provide notice to the registrar within 10 days or so that legal action has been initiated, otherwise they will still transfer/delete the name as per the ruling. I need to find the source for that.

Thanks and noted.

DG

 

[katherine]

Please double-check. I'm not certain this is 100% accurate.

 

[marcorandazza]

You have to appeal to a court of competent jurisdiction within 10 days in order to stop the order to transfer from being implemented -- however, this doesn't preclude you from bringing an action to declare that the transfer was improper.

Which court has jurisdiction will depend on a lot of factors. It could be where the complainant consented to jurisdiction in the UDRP complaint. It could also be where the other party resides. There may be other options, but those are the most likely venues.

 

[Steen]

If it is a WIPO complaint look for the mutual jurisdiction. It is either where the registrant is located or the registrar. The complaintant chooses I believe.

 

[domaingenius]

In that case it is either Australia or UK. Any lawyers from Aussie in here that have
maybe dealt with UDRP before ?.

I am serious when I say that I want to "pull WIPO up" on the way it handles
UDRP and in my case the clear attachment of both WIPO and the Panelist
to the Complainant. The Complainant owns a lot and thus is hard to avoid.
He paid for a forum at which WIPO attended tp try and drum up business
for themselves. WIPO appointed a Panelist who was instrumental in arranging
the funding for the Forum and helped set it up. Then when the Complainant
made a complaint WIPO appointed him to rule on it when they could have
appointed anyone in 100 odd Countries. It goes further but I wont bore yo....

DG

 

[Steen]

In that case it is either Australia or UK. Any lawyers from Aussie in here that have
maybe dealt with UDRP before ?.

Check the complaint, should state the mutual jurisdiction. You do not get a choice IIRC, complaintant chooses.

 

[marcorandazza]

Check the complaint, should state the mutual jurisdiction. You do not get a choice IIRC, complaintant chooses.

For the most part that's true. The complainant chooses a mutual jurisdiction in which he agrees to go to court -- however, that does not necessarily limit where the respondent can file a de novo appeal.

 

[Fatbat]

It goes further but I wont bore yo....

DG

Nothing boring about corruption in what is supposed to be an unbiased arbitration system. Do tell.

 

[dvdrip]

however, this doesn't preclude you from bringing an action to declare that the transfer was improper.

What is the time limit for that?

 

[jberryhilljberryhill is verified member.]

For the most part that's true. The complainant chooses a mutual jurisdiction in which he agrees to go to court -- however, that does not necessarily limit where the respondent can file a de novo appeal.

I agree that it shouldn't, but as a practical matter, it depends on the registrar.

This question gets asked here about every week or so. The UDRP is not a tremendously complicated thing:

Paragraph 4:

http://www.icann.org/en/udrp/udrp-policy-24oct99.htm

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

Why do people have such a hard time reading that?

I am serious when I say that I want to "pull WIPO up" on the way it handles
UDRP

Good luck getting around diplomatic immunity of a UN treaty organization.

It's not impossible, but it's exceedingly unlikely.