: Domain Name Dispute Resolution?



Shinkaze
08-04-04, 01:09 PM
Hey All,
Looks like I'm about to embark on a long painful process of Domain Name Dispute. I've read up on the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) (http://www.icann.org/udrp/udrp.htm) as well as the Anticybersquatting Consumer Protection Act of 1999 (http://www.gigalaw.com/library/anticybersquattingact-1999-11-29-p1.html).

I have a really good case against the Squater as I was the original owner of the domain in 1999, but lost it the day after a billing lapse with Network Solutions (Changed Credit Card Numbers). Also my company owns the trademark and the .net and .tv deriviations of the trademark as well. The Squater (DomainDeluxe.com) wants to charge "between $1,500 and $15,000" for the name, and according to their site I should make them an offer through Escrow.com.

According to the ICANN UDRP I'm looking at between $1,500 and $3,000 for a UDRP ruling on the name, or I can just pay the squater for it. If they fight it of offer to sell me the domain then they're in violation of the Anticybersquatting Consumer Protection Act of 1999 and liable for $1,000 to $100,000 in damages according to the Law.

Their registration of the name terminates on August 30, 2004 (26 days), but the last two times it's come up they renew right at 12:00 AM so I doubt there is a chance I can snag it out from under them as they did to me in 2000.

So what I'm asking is this, does anyone have any experience with this? Should I just pay the squater and be done with it, or go through the lengthy UDRP process and pay the same? My case against them is solid so I know I would win, but I don't know anyone who has done this. Another option is to send them a friendly but firm letter outlining my case and ask that they allow their registration to lapse on August 30, but I'm concerned that may cause legal issues if this goes to UDRP arbitration.

Thoughts? Insight?

-Adam

T_Dogg8
08-04-04, 01:47 PM
it'd probably be easier just to pay the squater and be done with it. since they didn't 'steal' the name, you might run into a snag or something. you never know. but i would probably fight it out of principle.

Shinkaze
08-04-04, 01:57 PM
it'd probably be easier just to pay the squater and be done with it. since they didn't 'steal' the name, you might run into a snag or something. you never know. but i would probably fight it out of principle.
Well, part of me would rather pay ICANN $1,500 in arbitration than pay these cats $1,500 for squating, but conversly Ihave no idea how long this process takes and the company goes live in two months....ACK! WE'll operate under our .net name until our .com name gets resolved, but it's still annoying.

-Adam