[thelist] backordering, domain transfer and other issues.

Dan McCullough dan.mccullough at gmail.com
Thu Nov 10 10:59:18 CST 2005

Good suggestions, and is the best option especially in this case.

On 11/10/05, aardvark <evolt at roselli.org> wrote:
> 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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