Dynadot

UDRP Lawyer wants to recover UDPR fees in Court. Its Legal?

Spaceship Spaceship
Watch

Dansam

Sell & Buy Best DomainsUpgraded Member
Impact
135
Hello there,

Maybe the domainers with big experience can help me with below questions.

One of my friend lost one domain at WIPO/UDPR for trademark issues and the lawyer who represented the Trademark Company wants to open an case in the Local Court ( Europe ) to recover all the fees that his Company spend it for the UDPR case. ( they requested 250 Euro/ hour and the total its 5000 euro )

They didnt requested anything about the fees in their UDPR case, just the followings details below:

8. REMEDY REQUESTED
The Complainant respectfully requests that the Panel issue a decision that the registration
for the Infringing Domain be transferred to Complainant pursuant to UDRP § 4(i).
9. OTHER LEGAL PROCEEDINGS
No other legal proceedings have been commenced or terminated in connection with or
relating to Respondent’s registration or use of the Infringing Domain.


It is usually this request?
Its a proper legal action?
Its not enough that they won the domain?

Thank you in advance for your answer!
 
1
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
"The remedies available to a complainant are the cancellation of the domain name registration or the transfer of the domain name registration to the complainant. Compensation for damages or costs (such as lawyers’ fees) are not part of the UDRP policy and rules. You should start a legal procedure before a regular court if you want to obtain compensation for damages or reimbursement of costs."

https://finniancolumba.be/en/claim-domain-name-gtld/

Looks to me they can....

Maybe @jberryhill could help clear it up as I might be wrong....
 
Last edited:
3
•••
"The remedies available to a complainant are the cancellation of the domain name registration or the transfer of the domain name registration to the complainant. Compensation for damages or costs (such as lawyers’ fees) are not part of the UDRP policy and rules. You should start a legal procedure before a regular court if you want to obtain compensation for damages or reimbursement of costs."

https://finniancolumba.be/en/claim-domain-name-gtld/

Looks to me they can....

Maybe @jberryhill could help clear it up as I might be wrong....

Thank you for your answer, but I found some articles about that, like: The Invalidity of ICANN's UDRP Under National Law or UDRP Not A Means For Contractual Enforcement, if so, they can't request these fees in the Local Court, but they still insist and I just think their Lawyer is a very greedy person :xf.frown:
 
Last edited:
0
•••
You should start a legal procedure before a regular court if you want to obtain compensation for damages or reimbursement of costs."

They have a right to sue in normal court not through the UDRP process. I hope your friend learned to avoid trademark names.
 
2
•••
Yes, they certainly can proceed in court in addition to the UDRP if they want to. Incidentally, that 2002 paper you found is a real piece of crap. In the 19 years since that article was written, no court anywhere has found the UDRP "invalid". The second article you cite is completely irrelevant to the question at hand.

Look, this is very simple. The UDRP is a contractual term in the domain registration agreement. When you register a domain name, you agree to be bound by the UDRP. However, just because the UDRP exists does not mean that everyone gives up their right to go to court if they want to.

The UDRP even says that at Section 4(k):

------------------

https://www.icann.org/resources/pages/policy-2012-02-25-en

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.

-----------------


The UDRP itself says, in black and white, that if the complainant wants to sue the respondent in court after the UDRP proceeding is concluded, they can do that.

The UDRP only offers a process for a relatively quick decision on transferring the domain name if certain conditions are met. It does not take away anyone's right to go to court for whatever else they might be able to get from someone who has cybersquatted their trademark. In fact, getting a favorable UDRP decision doesn't require the court to agree with the UDRP decision, but it can be persuasive evidence in favor of the party which won the UDRP.
 
10
•••
I'm not sure it's legal, but there really needs to be a section dedicated to the "Top 500 Postings by @jberryhill" here on namePros. Thank you for always answering these issues briefly, carefully and in substance.
 
Last edited:
4
•••
Thank you to all of you for your answers!
 
0
•••
Does anyone run into the same problem?
 
Last edited:
0
•••
Back