UDRP Questions.

[Restecpa]

I have few questions regarding UDRP that arent totally clear to me:

- How does the Panel contact respondent and inform him of legal action being taken against him? Only through email, or does it also try to contact by a regular (snail) mail and/or telephone?
- Whats the timeframe given to respondent to reply? What happens if respondent doesnt reply in provided timeframe?
- Had few more questions but for some odd reason cant remember them at the moment

Thanks a lot.

 

[pljones]

The dispute resolution provider assigns a case manager to interact with the complainant and respondent prior to the appointment of a panel. If you've been hit with a UDRP complaint, you should receive an e-mail from the case manager notifying you of your deadline to answer the complaint. Once you receive this message, you have 20 days to file a response.

In some limited situations, dispute providers have granted an extension to respond to the complaint (but this is rare).

After 20 days, the case manager will notify both you and the complaint of panelist (or panelists if you opt for a 3-member panel). The panel has 14 days to decide the case.

 

[Anthony Ng]

http://www.icann.org/udrp/

 

[Restecpa]

Originally posted by pljones
The dispute resolution provider assigns a case manager to interact with the complainant and respondent prior to the appointment of a panel. If you've been hit with a UDRP complaint, you should receive an e-mail from the case manager notifying you of your deadline to answer the complaint. Once you receive this message, you have 20 days to file a response.

In some limited situations, dispute providers have granted an extension to respond to the complaint (but this is rare).

After 20 days, the case manager will notify both you and the complaint of panelist (or panelists if you opt for a 3-member panel). The panel has 14 days to decide the case.

Thanks Mr. Jones,
Thats how Ive expected it to be, however its a pretty tricky thing. I know quite a few people who went abroad for vacations for a month or two. So lets say I wouldnt be reachable for a month, while case managers email would be waiting in my mailbox. 20+14 days would be over, and no response from me. Would I automaticly loose the case?

Also, If I dont respond in time, does panel automaticly turn domain over to complaintant, or does it still have to determine if evidence of bad faith and other points of udrp are proven?

 

[Ari Goldberger]

>In some limited situations, dispute providers have granted an extension to respond to the complaint (but this is rare).

I have to disagree, at least based on my own experience, that the granting of extensions for UDRP cases is rare. My experience is quite to the contrary. You need to provide a good reason for it to satisfy the "extraordinary circumstances" requirement of the UDRP.

NAF and WIPO differ in their approaches to extensions. NAF charges $100 and you can get an extension with or without the Complainant's consent. If the Complainant consents you are sure to get the full extension you request. If they do not consent, as long as your reason is good, you will get some extension but maybe not as much as you've requested.

WIPO does not charge for extensions but seeks input from the complainant. If complainant consents you will almost definitely get your extension request.

I am almost aware of no circumstances where a requested extension was not granted. The 20-day time line is ridiculously short and the case administrators are aware of this.

One final note. If a NAF case falls on a weekend or holiday, the actual deadline is the next business day.

 

[Ari Goldberger]

>Also, If I dont respond in time, does panel automaticly turn domain over to complaintant, or does it still have to determine if evidence of bad faith and other points of udrp are proven?

Different panelists have taken different approaches. The panel still needs to see that the UDRP is satisfied. However, in some cases if there's no response, panels simply accept the facts and arguments of the complainant. I am aware, however, of a few decisions where the Panel ruled against a complainant even though no response was filed. This was the situation in stmoritz.com, but there are others.

 

[Restecpa]

Thank you Ari. You said that almost always you get an extension if so desired. But in order to do so (I believe) you have to request it in a given timeframe. However, lets say Im not available for over a month. I have no chance to check my mail, or perhaps my SPAM blocker somehow blocked their emails out. So I either havent read them cos I wasnt at computer, or due to my SPAM blocker I havent had chance to read them at all. What happens in this case? Is it just my bad luck that I havent been checking mail more often and therefore lose domain (if complaintants arguments have some weight)? Thanks.

 

[Ari Goldberger]

You definitely have to request an extension before the deadline runs, but you can do so as late as the last day for submitting the response. In the hardluck situation you mentioned, I would recommend simpy submitting the late response, and explaining the situation, while respectfully asking the panel to consider the response. Panels have the discretion to consider late-filed papers. However, you will not be able to request a 3-member panel if your submitting past the deadline.

 

[Restecpa]

Thanks a lot, youve all been very helpful!