If UDRP panel order the domain transfered to complaianant,.....

[anony]

Hello,

What happens after the UDRP panel orders that a domain be transferred to the complainant?

Is the domain automatically transferred to the complainant by the registrar?

Does the registrar get approval from the registrant (respondent) before transferring the domain to complainant?

Does the registrar charge any money/penalty to the registrant (respondent)?

Do the original registrant (respondent) need to do something in order to facilitate the transfer the domain to the complainant?

Please advise,

Thanks,

 

[jberryhill]

Is the domain automatically transferred to the complainant by the registrar?

No. There is a ten day waiting period under UDRP 4(k). After that, the complainant must supply whois data and agree to the registrar's terms of registration.

Does the registrar get approval from the registrant (respondent) before transferring the domain to complainant?

No.

Does the registrar charge any money/penalty to the registrant (respondent)?

No.

Do the original registrant (respondent) need to do something in order to facilitate the transfer the domain to the complainant?

No.

In fact, some TM lawyers are so stupid, that they never get around to actually complying with the terms of registration, such as by setting up a registrar account, or renewing the domain name, so it eventually drops.

 

[stuff]

In fact, some TM lawyers are so stupid, that they never get around to actually complying with the terms of registration, such as by setting up a registrar account, or renewing the domain name, so it eventually drops.

Yeah, seen that

 

[chatcher]

...In fact, some TM lawyers are so stupid, that they never get around to actually complying with the terms of registration, such as by setting up a registrar account, or renewing the domain name, so it eventually drops...

John, didn't you register some domain names that the complainant requested be cancelled rather than transferred? I seem to remember someone doing that to make a point, but it's been a while.

I have seen UDRP-transferred names expiring and dropping. I wonder if the same complainant has ever had to file a dispute on the same name more than once, and how many times it might take before a panel might consider failing to hang on to the name bad faith on the part of the complainant.

In the fantasy world inside my head, where everything makes sense to me and follows my own logic, willingly allowing a name to expire is clear notice to the world that you are no longer interested in the name, and have no objection to someone else using it as they please. This notice trumps any previous trademark rights in the name. Pity it's only my fantasy world!

 

[anony]

Thanks a lot for all the responses.

John, you are always a great resource for us all on dnforum.

Thanks again.

Regards,

 

[Dave Zan]

Does the registrar charge any money/penalty to the registrant (respondent)?

No.

There's actually one registrar who does this: Go Daddy. They charge a domain
registrant $29 for "administrative tasks" regarding legal matters.

You'll find it in namep**s' legal section, Mark's (adoptabledomains) thread re:
his first ever UDRP:

We recently received an inquiry related to your domain name, ***.us.
The specific inquiry related to your domain name can be described as follows:

NAF dispute

In accordance with our registration agreeement, (GD link), we have charged
your credit card in the amount of $29.00 for our processing of this inquiry.

Please also take this opportunity to review the status of your domain names
and other accounts. Simply log in at: (GD link)

If you have any questions concerning the above, please contact our
customer service center.

Thank you for your continued business,
GoDaddy.com

I subsequently asked Mark about it if it's in Go Daddy's Service Agreement,
and he suspects it's this:

Go Daddy reserves the right to charge a reasonable service fee for
administrative tasks outside the scope of its regular services. These include,
but are not limited to, customer service issues that cannot be handled over
email but require personal service, and disputes that require legal services.
These charges will be billed to the Payment Method we have on file for You.

In yet another forum, Nick Fuller from Go Daddy posted a reply about this:

When a UDRP complaint is filed by a third party, there is a fee of $29 assessed
to the account. Once a UDRP is received there is administrative work that is
involved in handling this complaint. We feel that $29 is a fair fee considering
some of these complaints can get pretty involved and can require some
extensive work on our side. In addition, if the complaint is denied from the
arbitrator or WIPO, we refund the $29 back to the account.

Egad.

 

[dtobias]

In the fantasy world inside my head, where everything makes sense to me and follows my own logic, willingly allowing a name to expire is clear notice to the world that you are no longer interested in the name, and have no objection to someone else using it as they please. This notice trumps any previous trademark rights in the name. Pity it's only my fantasy world!

Well, in the fantasy world inside my head, where everything makes sense to me and follows my own logic, people don't register domain names at all unless they have an actual current or immediately pending use for it (rather than idle speculation), they don't register names that are closely related to other names they already own (because they can more logically use subdomains of existing domains for such purposes), and they don't register .com domains if their site is noncommercial or .tv domains if their site is not located in Tuvalu. But I guess we all can have our fantasy worlds, but we can't always actually live in them.

 

[draqon]

in my fantasy world, and also in the real world, there is a registrar that is famous for openly refusing to transfer domains even after the registrant loses a UDRP. This register is Joker.com, and while i dont support their actions, I give them props for having the balls to stick it to the Man.

 

[dvdrip]

Extensive work:
Start work.
Lock domain.
Stop work.

And if UDRP is won by the complainant:
Start work.
Change whois.
Stop work.

They must be really tired at godaddy charging my credit card.

In yet another forum, Nick Fuller from Go Daddy posted a reply about this:
Originally Posted by Nick Fuller
When a UDRP complaint is filed by a third party, there is a fee of $29 assessed
to the account. Once a UDRP is received there is administrative work that is
involved in handling this complaint. We feel that $29 is a fair fee considering
some of these complaints can get pretty involved and can require some
extensive work on our side. In addition, if the complaint is denied from the
arbitrator or WIPO, we refund the $29 back to the account.


Egad.

 

[Paddy]

In Arbitration... Have there been cases where the respondent has to pay for the complainant's legal costs... Or is the only possible charge to come from Registrars like GD?