Transfer before UDRP implementation decision

[domaingenius]

I have noticed the below quoted UDRP terms and highlight the
15 days, quote, "or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded;

My initial question is, when are such "proceeding" concluded ?
DG

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

 

[dvdrip]

When you get notice of a decision from WIPO or NAF.

 

[Chappy]

Technically you're not supposed to transfer the name until 15 days after the decision is reached. However, in practice I find this clause is rarely enforced...and it appears there is no clearly defined penalty for doing so.

 

[domaingenius]

Technically you're not supposed to transfer the name until 15 days after the decision is reached. However, in practice I find this clause is rarely enforced...and it appears there is no clearly defined penalty for doing so.

Its been 15 days since the decision but domain is still locked so cannot transfer out. Any question is this. Is an UNsigned UDRP decision valid as they only signed and sent the signed copy today.

DG

 

[dvdrip]

Please let us know what you want to know.
Did you win the UDRP?
When did you get the official decision by email?

 

[domaingenius]

Please let us know what you want to know.
Did you win the UDRP?
When did you get the official decision by email?

The decision was sent on Christmas eve, apparently, but of course no one
was working. It is now14th January and domain still in account so I was looking
see if there was a technicality I could use to transfer the domain to another
Registrar. If domain was'nt locked by registrar strict rules intepretation
should allow transfer ,I think ?.

Question is, can I transfer out ?. I have now started paying £200 ($300)
for each domain I value to get TM ,got another one today and am going
to go that route and get Class 35 on many I think. These large companies can got get F'd if they think they will walk over me. I also am objecting to
their trademark applications in Europe. They use 2nd rate scam artist
WIPO, I use the trademark laws against them word for word in return.

DG

 

[dvdrip]

If it's in your account AND you can unlock it then you can certainly try.
You can contact your registrar at the same time telling them that you are transferring out.

 

[Theo]

What's the point, when it can - and will - be locked at the registry, regardless of where you move it to? See LH.com with a UDRP decided against them and despite a pending lawsuit the domain is unusable.

 

[domaingenius]

If it's in your account AND you can unlock it then you can certainly try.
You can contact your registrar at the same time telling them that you are transferring out.

Yeh they've locked it good and proper, not just normal lock. Im just Pissed
off that these con artists come on and take what they want. They do NOT
have a TM and infact I just looked at their TM application made in late
december and they only claim priority from June 2008 that is 13 months after
I bought the domains. It really is very bad which is why I am going to
oppose their TM. I bought the .co.uk long ago, back in mid 2006 and have
used it since then so I have good chances to oppose their application
under TM laws. Seems that this is way things are going.

DG

 

[dvdrip]

He won, didn't he?

I don't understand. Sorry.

 

[domaingenius]

He won, didn't he?

I don't understand. Sorry.

Sorry yes they won the WIPO ,but I am now (a) trying to get into Court
in UK or USA and (b) objecting to their European TM application and(c)
applied for TM myself for the same name since I have used for nearly 3 years for
class 35 use (same class as adsense is in TM classes)
Id advise anyone who has a good domain that they want to be certain to
keep ,get a tm.

In fact here's a question for someone who has the knowledge. WHERE
is the cheapest placest to get a TM in the World ??. I guess if we can
find a place like Timbuctoo that does TM for $1 then can tm all domains.Acheives same objective.

DG

Here's a link may be of use. http://www.allbusiness.com/technology/internet-domain-names/683-1.html

DG

 

[Steen]

FYI: UDRP panelists have called BS before on exotic jurisdiction trademarks. It doesn not necessarily achieve the same objective, as you say.

 

[domaingenius]

FYI: UDRP panelists have called BS before on exotic jurisdiction trademarks. It doesn not necessarily achieve the same objective, as you say.

I can believe WIPO would call BS on anything since they are bunch
of arseholes. In fact after posting i thought better of looking for
cheapest as really I thought that your point is probably a problem
and anyway much easier in UK Patent & Trademark office to deal
with ,so UK it is. I should state clearly, I am and intend using each
and every trademark properly and only will TM those I intend using
in business.

DG

 

[dvdrip]

Sorry yes they won the WIPO ,

You can't transfer the domain.

 

[fab]

I hope I am not insulting you, but it seems like your acting more out of emotion then logic. Is this domain really worth the fuss?

 

[domaingenius]

I hope I am not insulting you, but it seems like your acting more out of emotion then logic. Is this domain really worth the fuss?

What am I concerned about ?. I am concerned that a biased panelist who
wipo lists as being a UK panelist but who actually is based in the same
Country as the Complainant and does work for him can write up a piece of
crap and publish it on the internet with my having no chance to
appeal or challenge what he said.

Thats why I might come over as emotional. If I met him in the
street I would make sure he could not XXXXXXXX again.

DG