tm/udrp Questions

[anony]

Hi,

Please help with following questions.

Q1: Can a court suit be filed directly for a tm-domain issue "without" going thru udrp first? How often is it done?


Q2: If a complainant wins a udrp, how many days (maximum) he/she has to get the domain transferred to their or thir company's name? What happens if they don't request a transfer for long periods (lets say 60 or 90 days etc)?

Please advise.

Thanks for the answers.

Regards.

 

[HOWARD]

Q1: Can a court suit be filed directly for a tm-domain issue "without" going thru udrp first? How often is it done?

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Yes, it is done frequently, but it is a much more expensive way to go if the complainant is only looking to get the domain and not damages.

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Posts: 58 | F$: 6 (Donate) tm/udrp Questions

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Hi,

Please help with following questions.

Q1: Can a court suit be filed directly for a tm-domain issue "without" going thru udrp first? How often is it done?


Q2: If a complainant wins a udrp, how many days (maximum) he/she has to get the domain transferred to their or thir company's name? What happens if they don't request a transfer for long periods (lets say 60 or 90 days etc)?

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Once a UDRP action is filed, the domain is automatically locked by the Registrar and cannot be transfered until the panelist's decision is published. It will then stay locked for an additional 10 days and if the loser of the U.D.R.P. Action has not filed a law suit in the court where jurisdiction has been granted, the domain will be released to the Complainant, if the Complainant won, or will stay in the possession of the Respondent if the Respondent won.

 

[jberryhill]

On Q1, I'm a little surprised that people don't file ACPA suits right out of the box more often. Howard is correct that it is longer, slower, and more expensive if the defendant actually shows up. But if it is likely that the defendant will default, then the filing fee for a federal suit is $325, versus $1500 for a UDRP, and drafting a federal complaint is easier than drafting a UDRP complaint, which amounts to a full brief.

 

[fab]

Unfortunately, I am quite unfamiliar with legal issues, and since I'm in the business I need to familiarize myself with them.

I would appreciate if one of you could give me a link or two explaining the following information -
A) ACPA - tm Domain issue law suits,
B) Information regarding UDRP.

I would also like to know where these cases get filed, if the parties live & work in different states or countries.

Example:

Party 1 - Lives in Finland, and has purchased Google.FN (whatever the Google TLD is)
and Googlest.Com
Party 2 - Google sues party 1 over TM issue.

Where are these cases judged?

 

[jberryhill]

Where are these cases judged?

As far as court actions go, the answer to your question is not at all simple, and is in fact the subject of entire courses in law school. Someone in Finland may, or may not, be subject to jurisdiction in the United States depending on such things as how the domain name is used, where is the registrar, where are the servers, etc. There is no one-size-fits all answer to where a lawsuit might properly be brought. If, for example, the domain name google.fi directs to an English language web page or links to US advertisers, then a US court might determine that the domain name is being used to conduct business in the United States, and under the US rules of procedure a lawsuit could be brought in just about any US federal court. A judgment in a US court can be made enforcible in Finland under an applicable international treaty on judgments.

For .com names, the authoritative registry is located in Virginia, so a particular type of suit may be brought in Virginia against the domain name, even if the registrant is not subject to personal jurisdiction in Virginia.

 

[Dave Zan]

On Q1, I'm a little surprised that people don't file ACPA suits right out of the box more often. Howard is correct that it is longer, slower, and more expensive if the defendant actually shows up. But if it is likely that the defendant will default, then the filing fee for a federal suit is $325, versus $1500 for a UDRP, and drafting a federal complaint is easier than drafting a UDRP complaint, which amounts to a full brief.

Can't blame many people for believing that filing a court case is costly and
can potentially take longer to resolve.

But that last part you revealed is "potentially dangerous". :-D