possible udrp - costs?

[PRED]

hi guys,
for first time ever got a possible udrp case against me. 99% of my names are just acronyms or dictionary words, so is annoyying but part of landscape now.
will mention more later, but got the solicitors letter, if i defend it, the company is from uk and so am i, will a udrp case be heard by wipo in switzerland automatically if this is unresolved.
also what are the financial implications by losing or winning?
are costs borne by complainant either way? i know nominet does things differently here for .uk domains.

i know a bit about this area and read wipo decisions now and then, but didn't expect 'the letter'

grateful for any help

cheers
Pred

 

[katherine]

The costs are on the complainant.
At the worst you lose the name if the ruling is in favor of complainant.
But this will leave a permanent track record of your name on the Internet - UDRP rulings are public and available at wipo.int. So your name could be found in google along with unsavory cybersquatter label, which I would definitely avoid personally.

If you win you are entitled to nothing, even if you had to retain an attorney for your defense. However you could take the complainant to court later and file for damages

 

[PRED]

The costs are on the complainant.
At the worst you lose the name if the ruling is in favor of complainant.
But this will leave a permanent track record of your name on the Internet - UDRP rulings are public and available at wipo.int. So your name could be found in google along with unsavory cybersquatter label, which I would definitely avoid personally.

If you win you are entitled to nothing, even if you had to retain an attorney for your defense. However you could take the complainant to court later and file for damages

thanks Kate
as i thought tbh, as i do try and visit these threads over years

i would defend it and think i would win, but you never know. i would defend myself too.
i think maybe able to resolve, gonna ring solicitors later, i wontt be putting anything in emails or writing

thanks agin
any other advice or info greatly appreciated k:

 

[flamewalker]

Are they claiming TM on a name you have? Why are they demanding you turn it over? Can you give us an example of the name? (Don't list the exact name or "encode" it with (.) (dot) or something to obfuscate it so the search engines won't pick it up.

 

[PRED]

Are they claiming TM on a name you have? Why are they demanding you turn it over? Can you give us an example of the name? (Don't list the exact name or "encode" it with (.) (dot) or something to obfuscate it so the search engines won't pick it up.

hmm
only comparison i can think of is thinking a term/words is a household item of sorts but turns out theres a tm.
imagine 'rucksack' was tm'ed but most people use term to describe a bad carried on shoulder/back so you may not know of tm?

the company is a UK firm they own the singular version of the domain in .co.uk
i own the plural .info lol
i'm not particularly attached to domain but have a good name to keep and they solicitors sent a nazi type letter with a list of demands. was unreal
also when i spoke to the female solicitor earlier she was a complete dick and wasn't a good communicator, so that put my back up, ebven when i described my position and details well

it's at godaddy at moment, im keeping details same as dont want to show bad faith and never showed products etc on parked page but fact i had planned in time to develop along with some pure related generics prob troubled them

im transferring to moniker now to cover back and save any poss fees godaddy charge me

couple of questions?

1/ should i just try and get a nice 'admin' fee and flog it to them?
2/ should i just push to a pakistani registrar lol and put dodgy name in whois , and could i? only been sent a solicitor letter, nothing underway yet
3/ could they do anything
4/ most important of all, as this is a .info, even though we are both from UK,do they have to go to wipo and switzerland, ie: no charges to me, or could they go through a british court? ie: very expensive and a different process

cheers for any help

nb: forgot to mention seems like they are having a rout of everyone i heard, they are after everything. they only own the singular .co.uk
they DON'T own the singular .com or plural .com and they are redirected to a major US competitor lol which gives me extra weight i think
since speaking to a few people they too have been approached by their solicitors for other 'confusingly similar names' and i dont hang out with cybersquatters lol. they like generics like me

 

[Deleted member 5660]

as for the UDRP, the complainant chooses the dispute provider to use. They can choose from the list:

http://www.icann.org/en/dndr/udrp/approved-providers.htm

They pay the costs for filing the complaint but if you want a 3-member panel you will have to pay part of the fee. They have different fee structures. Changing registrars won't affect anything.

 

[flamewalker]

They can take whatever route they think they can win. Do you have any evidence of intent to develop in a non-infringing way?

It will not help to transfer to another registrar or change whois to fake info as you will likely just lose it and piss them off more.

 

[steveatvillas]

Predator:

DO NOT, repeat DO NOT, transfer the name to another registrar! Especially after the date of your receipt of the C & D, or notice of a pending WIPO action.

Whatever good faith you had in your original registration of the name will be dashed on the rocks. And WIPO will only look at the most current registration with a new Registrar, which you are clearly doing in complete bad faith, to avoid having the name taken from you.

You should read this case:http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0062.html

The respondent did exactly as you are contemplating, and lost! You will lose too.

Keep the name regg'd where it has always been, and stand your ground. You may still have problems defending your original registration, but at least you haven't pulled the rug out from under yourself, and whacked yourself in the head with a frying pan by trying to hide the name in Pakistan!!

 

[katherine]

Yep it's called cyberflying.

 

[flamewalker]

Not to mention, that all registrars are bound by the same UDRP rules, so it doesn't matter where you try to hide it, they can and will still take it if you lose udrp.

 

[PRED]

thanks guys for input

i am transferring away for simple reason is at godaddy at minute and know enough of these cases i dont want to be hit with their charges.

i can prove no bad faith in that area as will keep name same and i in actual fact rang them up as soon as got letter and gave all my correct details, not actions of a squatter/hider

tbh im not attached to name and got another letter telling me what to do or else.
i will deal with someone else hopefully nect week at solicitors, i'll be happy to negotiate a 'admin fee'

if not, how about i just change the deatils on whois to mickey mouse and push to another account.
not that i want it but am not bowing to their their demands will just want rid. if a udrp isnt actually underway, anything they can do? or just lump it?

i have never had a tm name nor regged one knowingly, this does have a tm i since found out but they own no other domains as mentioned and are being dicks.
from whaty i can see if we're from uk they have to go thru wipo switzerland route, IF i decided to fight it i could have a one man panel and pay nothing financially if i lost? is this true? could they come after costs privately

wish they had just emailed me or rung me friendly, this could have been all very different

when i say push to another account with a different name, i mean they can go after mickey mouse or wait for drop.
i would never sell as wouldnt stitch someone else up

 

[flamewalker]

You do not want to lose a UDRP, you will be forever labeled a cybersquatter. No, UDRP doesn't allow them to collect fees from you afaik, however there are other implications to being a cybersquatter... it will hurt your chances in the future.

Changing the whois and pushing the name to someone else will not prevent them from suing you... you are just going to give them more ammo.

IMO, only tell them you will be willing to transfer for your costs of the name only. Otherwise they have to pay the $1500+ UDRP fees + lawyer fees (so probably $5k minimum). Or, if you feel you truly have not infringed on their TM, feel free to not offer anything and wait and see if they follow up with a UDRP, and be prepared to be labeled a cybersquatter.

 

[steveatvillas]

If you feel that you are correct, do not transfer the name out of GD, and get in contact with John Berryhill, a regular on DNF, to represent you.

But if you insist on transferring to Mickey Mouse as registrant at another Registrar, then this change of ownership can and most probably will be considered a registration in bad faith--because it clearly is, by your own admission. So save yourself the trouble and give the claimant the name. Because, when you lose the WIPO challenge, you also will be branded a known bad faith registrant. It may be funny now, but when you go before WIPO on a legitimate case, it will come back to haunt you.

But hey, that's just MHO.

 

[PRED]

cheers guys.
i'm probably not explaining myself that well here lol

i have spent enough time on it and i certainly dont want to spend any money on it, as good as john berryhill is, i'll save that for one day if i ever need him for a great name

basically i am only transferring to moniker from godsaddy to save being hit by godaddy fees , also will keep all my details in.
i was only thinking if solicitors persist being dicks when i offer for a fair admin fee then i may push to an account with other details and say i passed on. dunno, prob bravado and a last resort , doubt i would do.

i agree it is not worth getting labelled with cybersquatter and losing a good rep. heck i have never had before and may never get again but would rather fight a full battle for one of my best names (god forbid) when genuinely getting reverse hijacked

i'll see what next week brings.
don't worry, i'm not stupid, although may seem like that at times :smilewinkgrin:

 

[flamewalker]

Changing the info on the whois won't protect you... they will either get the name dropped or still come after you... they aren't stupid (well... most of the time).

And... they could get your info from the registrar on file, with a subpoena.

 

[EnricoSchaefer]

The percentages of success in defending go up substantially if you elect, and share the cost with Complainant, a three member panel.

 

[katherine]

The point is... do they have a strong case in the first place ?

 

[Chappy]

Pred
First, BE CAREFUL on what do you from this point in. Every action can be used as evidence and you have to think it through carefully. I recently received my first UDRP (on a three letter). I did a ton of research, wrote the response myself and eventually won the case.

Let me know if I can help.