can a Registrar be subject to UDRP ?

[domaingenius]

I wonder if anyone knows if a Registrar can be subject to UDRP
proceedings as a respondent ? .

DG

 

[Dave Zan]

Oh yes:

http://domains.adrforum.com/domains/decisions/1126697.htm

 

[katherine]

Any registrant is subject to UDRP.

 

[PRED]

Oh yes:

http://domains.adrforum.com/domains/decisions/1126697.htm

nice find. interesting read. thanks

 

[EnricoSchaefer]

Only to the extent the registrar is also the registrant.

 

[domaingenius]

Only to the extent the registrar is also the registrant.

Thanks for that. I was just thinking out loud as to whether there
may be some way to wangle it that could avoid UDRP's if had full control
of the Registrar ,i.e. fail to pass on complaint etc ?.

Any ideas on that ?.

DG

 

[Dave Zan]

may be some way to wangle it that could avoid UDRP's if had full control of the Registrar ,i.e. fail to pass on complaint etc ?.

Even if you run your own registrar, your contract will likely include a provision
to comply with any applicable dispute resolution policies. Virtually all registrars
supporting .com have to follow UDRP....or risk someone calling them on it and
nuking their accreditation.

On the side, I just remembered there's a UDRP where Moniker was included as
a respondent aside from the domain's registrant, and they complained about it
as well. Don't remember the outcome, though.

 

[jberryhill]

Thanks for that. I was just thinking out loud as to whether there
may be some way to wangle it that could avoid UDRP's if had full control
of the Registrar ,i.e. fail to pass on complaint etc ?.

Any ideas on that ?.

DG

ICANN will de-accredit a registrar that does not comply with the UDRP.

 

[domaingenius]

ICANN will de-accredit a registrar that does not comply with the UDRP.

What, ICANN actually do something ?. Thought ICANN let Registrars do what
the hell they wanted .

DG

 

[Focus]

ICANN = zzzzzzzzzzzzzzzz

 

[katherine]

ICANN will de-accredit a registrar that does not comply with the UDRP.

At the very least they will get a slap on the wrist the first time
Don't know if they have a 3-strike rule though :smilewinkgrin:

http://www.dnforum.com/f17/icann-sends-notice-breach-registrar-thread-300126.html

 

[jberryhill]

What, ICANN actually do something ?. Thought ICANN let Registrars do what
the hell they wanted .

DG

This is the one situation in which, yes, ICANN will do something.