UDRP for dropping name

[lordbyroniv]

A TM holder notices the whois on a similar and confusing domain is now in pending delete status

Is there a legitimate party to bring a complaint against via UDRP ?

or must the tm holder allow the name to drop, possibly be auctioned off by one of these auction services like snapnames and namejet, and then deal with the buyer?

or is there a way to bring a TRO ?

opinions ?

 

[EnricoSchaefer]

If all is working correctly, a UDRP filing will preclude the domain from dropping and freeze it for potential transfer under the policy. That would preclude the domain from being picked up at auction or otherwise. There are some other strategies here worth considering depending on the strength of the UDRP filing, etc. Feel free to give me a call.

Enrico Schaefer, Attorney
Domain Name Dispute & Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

 

[lordbyroniv]

If all is working correctly, a UDRP filing will preclude the domain from dropping and freeze it for potential transfer under the policy. That would preclude the domain from being picked up at auction or otherwise. There are some other strategies here worth considering depending on the strength of the UDRP filing, etc. Feel free to give me a call.

Enrico Schaefer, Attorney
Domain Name Dispute & Cybersquatting Attorney
enrico.schaefer [@] traverselegal.com

Enrico

I will be in touch at some point

 

[dvdrip]

Why not let it drop and catch it? Some TM domains don't get a lot of bids at auctions because of legal problems.

If they can't get it after it drops they can always file a UDRP afterwards.

If it's a .com then you have 5 days maximum as it could already be in pending delete for a day or even more.

Also if you manage to stop it from dropping then they might have problem proving bad faith use as the domain does not resolves. But it all depends on the name...

 

[Brett Lewis]

I had a similar situation with a UDRP that was in redemption and the registrar considered the name NOT to be subject to the UDRP, as did ICANN when I requested guidance.

It really depends on how the registrar at issue construes the applicable rules, but there is nothing requiring them to redeem the domain name or stop it from being deleted.

 

[jberryhill]

There is a distinction between redemption and pending delete.

If the name is in pending delete status at registry, then nothing can be done. That name is already in an automated cycle which Verisign will follow, regardless of whether there is a UDRP, or even a court action, believe it or not.

Redemption, if it is the actual registry redemption status, can vary. Registrars are not required to offer RGP redemptions, and in fact it requires additional software for them to do so which, again, they are not required to have.

If the registrar does offer RGP redemptions, or if the name is approaching expiration during a proceeding, then the course of action is set forth in the Expired Domain Deletion Policy (EDDP), which is not worth working through in detail for purposes here.

The point is, there are several different post-expiration status possibilities, and how they are handled depends on which specific one you are talking about, and who the registrar is.

One interesting case involved shoppers.com. It was an expired name which was made available in a Pool.com auction. The complainant actually participated in the auction, but prepared a UDRP complaint while the auction proceeded. As soon as the price rose above what they were willing to pay, they filed the UDRP complaint.

http://domains.adrforum.com/domains/decisions/1142605.htm

 

[actnow]

I see that Xedoc is being careful with Shoppers.com www.Shoppers.com

However, if Supervalu was that concerned about their TM, why haven't they gone after the .us tld owner? www.Shoppers.us

 

[jberryhill]

However, if Supervalu was that concerned about their TM, why haven't they gone after the .us tld owner?

Because they are assholes.

Couldn't resist that.

 

[lordbyroniv]

I don't see any Registrars, auction services, or contact infomation with "Pending Delete" listed as the Registrant in the archive of WIPO or NAF. Has anybody actually ever tried this, bringing a UDRP when the domain is in redemption ?