MAF1981
Established Member
- Impact
- 64
Hi there,
I've a question related to the "Terminated" decision as outcome of an UDRP. I'm about to collect some information about the UDRP process in general for my blog. I'm not a native English speaker (and even not a lawyer...), so it might be, that some important information get lost during translation of the policy.
I'm especially curious about the "Terminated" decision. What I understood is, a termination of the UDRP happens if complainant and respondent agree on a compromise while the UDRP is still active, right? So, there is no need anymore for the panel to decide anything. But if this happens, what are then the advantages for each party?
For example, one of the recent terminated cases at the WIPO is bmwvideos.com (https://www.wipo.int/amc/en/domains/search/case.jsp?case=D2018-2457)
It's obviously a trademark issue... so what can be the intention for the complainant (BMW) to agree on any compromise? They will win the case, like they did many times. Why they just dont sit down and relax? I even guess, the UDRP fee won't be refunded in such a case, right? And their lawyers are inhouse, so usually paid... On the other side, what can be a reason for the respondent to agree? If he knows that he will loose, then he dont need to respond to the complaint/UDRP at all and just let the name go. What could be part of such a compromise?
Did I miss anything or understood something wrong? Or is this example just straight and in real life 95% of such cases are much more complex?
Appreciate your insights
Have a pleasant Sunday,
Mario
I've a question related to the "Terminated" decision as outcome of an UDRP. I'm about to collect some information about the UDRP process in general for my blog. I'm not a native English speaker (and even not a lawyer...), so it might be, that some important information get lost during translation of the policy.
I'm especially curious about the "Terminated" decision. What I understood is, a termination of the UDRP happens if complainant and respondent agree on a compromise while the UDRP is still active, right? So, there is no need anymore for the panel to decide anything. But if this happens, what are then the advantages for each party?
For example, one of the recent terminated cases at the WIPO is bmwvideos.com (https://www.wipo.int/amc/en/domains/search/case.jsp?case=D2018-2457)
It's obviously a trademark issue... so what can be the intention for the complainant (BMW) to agree on any compromise? They will win the case, like they did many times. Why they just dont sit down and relax? I even guess, the UDRP fee won't be refunded in such a case, right? And their lawyers are inhouse, so usually paid... On the other side, what can be a reason for the respondent to agree? If he knows that he will loose, then he dont need to respond to the complaint/UDRP at all and just let the name go. What could be part of such a compromise?
Did I miss anything or understood something wrong? Or is this example just straight and in real life 95% of such cases are much more complex?
Appreciate your insights
Have a pleasant Sunday,
Mario
