[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 

for some "caselaw" examples of former decisions, WIPO posts all the 
cases they arbitrate on their site:

i also receive a daily email linking to all cases decided that day:

and no, IANAL, so YMMV

(insert 40 line disclaimer here...)

More information about the thelist mailing list