[thelist] backordering, domain transfer and other issues.
aardvark
evolt at roselli.org
Thu Nov 10 10:48:08 CST 2005
i've been through the ICANN dispute resolution process for a domain
name before, using WIPO as the arbitrator...
it sounds like the domain was registered by someone else for the
client... your client needs to provide you with any correspondence
supporting that...
you should also contact this person (the one who registered it) and
outline the situation -- in writing... you could take care of this in
no time in a best-case scenario...
in a worst-case scenario, i see two things happening...
1. the registrant tries to hold it hostage, in which case you file a
dispute and go into arbitration...
2. the domain name gets grabbed by someone else, in which case you
file a dispute and go into arbitration...
in which case, any correspondence asserting your claim can help you
out, especially if it's all accurate and friendly...
however, if calling this person can end this more quickly, then call
the person... perhaps the person will just transfer it... they may
even request a fee (time and materials), which is normal for any
consultant because it is time out of his/her day...
asking for a fee dramatically above the cost of the domain only
jeapordizes his/her case if it goes to arbitration...
remember, arbitatration considers three things:
- is domain name registered/used in bad faith
- does party have rights / legitimate interest in domain
- is domain identical / confusingly similar
if the person requests a large sum for transfer of a domain that was
otherwise unused, then he/she has just satisfied the first item for
you...
for some "caselaw" examples of former decisions, WIPO posts all the
cases they arbitrate on their site:
http://arbiter.wipo.int/domains/cases/all.html
i also receive a daily email linking to all cases decided that day:
http://arbiter.wipo.int/subscribe/decisions.html
and no, IANAL, so YMMV
(insert 40 line disclaimer here...)
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