Just got a UDRP complaint sent to me

[Monolith]

The domain in question is a blatant copyright violation. I used to use a script that would try to grab every dropping name with a certain amount of traffic, and before i narrowed its capabilities, it picked up quite a few copyright infringing names. This was one of them.

So, what should i do? Contact the law firm and try to transfer the name? In the brief they sent me, the only "relief" Caterpillar is requesting is that they get the domain transferred to them. Or should i wait to hear something from NAF before proceeding?

 

[Peter]

dna it really all depends on the way he has used the domain name. If he has used it for trying to profit from the name (this includes parking the domain name) then that is an indication of bad faith and will be used by the company when it goes to a UDRP.

Even if no bad faith has occurred it is still possible to lose unfortunately sometimes it just boils down to who has the best lawyer.

 

[DNQuest.com]

How has he been caught redhanded?
He caught the name with a script.
Obviously, he was not registrating the name in an attempt
to sell it to the Caterpiller Company or cybersquating.
Caterpiller is a generic dictionary word.
If that is what he owns, he has a right to own it.
If Caterpiller wants his name, they should pay for it.
Monolith should not transfer it. He should talk with a lawyer.
I own plenty of trademarked names, such as dna, and I assure
that no corporate bully will take any of them from me.

He used a domain in bad faith by his own admission and was served a UDRP. Right now, the domain should be locked which makes it impossible to transfer the domain. It is very obvious you are not grasping the situation and don't understand how the UDRP process works or even the consequences involved. You are trying to show tricks of the cybersquatter and are not helping in this matter. As teh header cleary states, he was served a UDRP... so all the squating BS you are offering advice will not help him at all. But you are not getting it.

 

[Dave_Z]

I assure that no corporate bully will take any of them from me.

Good luck to you, then. If one ever happens, kindly let us know so we'll keep
abreast of it.

 

[AdoptableDomains]

It sounds like the domain is probably not generic enough to apply to instects.

I would offer to transfer the name immediatedly WHEN AND IF they agree to drop the UDRP case. Once they follow through with a UDRP, you will have that record hanging over your head forever. Another not so clear case could use that previous case to prove a past history. If you explain your situation about the script catching blindly, they may be lenient and save themselves and yourself time and additional costs by a friendly transfer.

 

[Monolith]

The only thing NAF or WIPO can do is to decide to transfer the domain or not. The TM holder can recover monies via court route, but since they filed a UDRP, all they want is the domain.

So if they wanted legal fees AND the domain, they would have sued me in a regular court... but if they only want the domain, they're just going through the NAF? Do you think they might come after me in court for legal fees AFTER the NAF gives their decision?

Also, do you think i should even respond to the NAF proceedings, or just default and let them take the domain without any response?

 

[Ronald Regging]

If you default, you're essentially admitting guilt. And like Adoptable said, there will be a record of it. Try to get it settled outside of the complaint...

 

[DNQuest.com]

So if they wanted legal fees AND the domain, they would have sued me in a regular court... but if they only want the domain, they're just going through the NAF? Do you think they might come after me in court for legal fees AFTER the NAF gives their decision?

Also, do you think i should even respond to the NAF proceedings, or just default and let them take the domain without any response?

Usually, if a company wants to claim damages, they would take you to court. UDRP is an inexpensive alternative. But it does not relieve you of your liability. It does sound scary, but I haven't heard a case that went to UDRP and the TM holder won, then sued later in court. But as scary as it sounds, that is a possibility. But that makes me wonder, could a person claim double-indemnity?

You should alwasy respons to NAF, you do not want "cybersquaater" hanging over your head. Hopefully, you both can work it out before it gets any farther and the case is then dismissed.

 

[Monolith]

Usually, if a company wants to claim damages, they would take you to court. UDRP is an inexpensive alternative. But it does not relieve you of your liability. It does sound scary, but I haven't heard a case that went to UDRP and the TM holder won, then sued later in court. But as scary as it sounds, that is a possibility. But that makes me wonder, could a person claim double-indemnity?

You should alwasy respons to NAF, you do not want "cybersquaater" hanging over your head. Hopefully, you both can work it out before it gets any farther and the case is then dismissed.

Thanks for all the advice, its very appreciated.