Effect of leasing a domain on UDRP

[domaingenius]

Wonder if anyone knows what the effect on a
UDRP situatio would be if say a Company owned a domain
and leased that domain on long lease to "a" person ?.

Lets say the Company owned the domain but
the leasee used it in a way that left him open
to a UDRP. He obviously doesnt own the domain
so couldnt have registered it in bad faith.

Any ideas on this ?.

DG

 

[denny007]

Check UDRPs but I recall some decisions where it did not matter if the domaines has been elased or not. It actually makes sense - otherwise everyone would be pretending to be elasing the domains out and never lose them in UDRP.

 

[jberryhill]

He obviously doesnt own the domain
so couldnt have registered it in bad faith.

I can't even figure out what you are driving at.

I'm guessing you mean:

Domain is registered to A.

A allows B to use the domain, A remains registrant of the domain name.

B uses the domain for nefarious purposes.

The UDRP will be filed against A, because A is the registrant of the domain name. The Panel will not care whether the use of the domain name is controlled by B.

Or, you could mean:

Domain is registered to A.

A allows B to use the domain, and B is listed in WHOIS as registrant of the domain name for the term of use.

B uses the domain for nefarious purposes.

The UDRP will be filed against B, because B is listed in WHOIS as registrant of the domain name. The Panel will not care whether A "really" owns the domain name.

People mean all sorts of things when they refer to a domain "lease".

The notion that a UDRP panel is going to care whether the listed registrant of a domain name does or does not control what is going on, is quaint.

 

[actnow]

I never thought about doing Point #2.

As long as owner A is the auth. email address,
Lessee B can show in the whois. And, he gets the UDRP.

Overall, owner A could still lose the domain.
But, it is not held against him with a negative UDRP.

Option C, actively monitor the domain and pull the domain if it infringes on a "known" TM.

 

[denny007]

UDRP is joke anyway and this case in court would be more interesting

 

[domaingenius]

UDRP is joke anyway and this case in court would be more interesting

100% agree and that is where it is headed. My papers are with a Judge at
High Court at present and looks like also will be issuing another one soon
that MAY include WIPO in it as well. We shall see. In future though I
am going to litigate as soon as receive notice of a UDRP.

DG

 

[Theo]

I had several questions about domain leasing and I am glad I never leased any of my domains and I never will.

 

[DNBA]

i dont think leasing is a bad option. Actually i wish people would do it more (thats what rent is) Well i dont know if it would stand in a court if a contract was drafted and and party B was fully aware of what leasing means and know what rights they are giving up. So if B tried to take the name they would be held liable in court and would also be a liable for damages.