I want to transfer or deleted domain[******.com] by ICANN Rule 17.
This is a great question.
First, when WIPO commences a dispute, they now include a form for the parties to use in the event they would like to use the Rule 17 voluntary transfer procedure.
A lot of domainers don't realize that (a) the name is locked and they cannot transfer the name, and (b) there is a procedure for keeping the proceeding in place while WIPO notifies the registrar to coordinate transfer with the complainant.
The other side has to agree, of course. Sometimes they will not agree because of any of the following reasons:
(1) they are unfamiliar with the process and don't trust you,
(2) they would like to get a decision anyway for purposes unrelated to simply getting the domain name,
(3) they want to make sure you don't have any other similar names.
So, you should address those potential objections in your email, by providing incentives.
For example, let's say that it was a bad name that was included in a portfolio purchase...
"Dear (Complainant's Attorney and Case Manager),
Having reviewed the Complaint, we would like to point out that the name was acquired in a portfolio purchase of unreviewed domain names. While we did not specifically intend to acquire this name [,were unaware of the alleged mark] and thus did not act in bad faith, we see no reason to prolong this proceeding, and would like to proceed to a consent transfer under Rule 17.
We respectfully request the Case Manager to confirm to the Complainant that, under Rule 17, the Proceeding will remain pending while the Center informs the registrar to transfer the domain name to the Complainant, and that upon conclusion of this matter the Complainant will receive a refund of fees in the amount of $1000.
To expedite this process, I have attached the executed WIPO form, which the Complainant's counsel may likewise execute and return to the Center. As transfer of the domain name is the complete relief available under the UDRP, consenting to the transfer will accomplish the objective here without any further delay. Alternatively, we will simply file a response requesting transfer of the domain name, and leaving no "dispute" to be decided.
Lastly, we confirm that, upon review of our other domain names, we have [found the following names which we would also like to transfer] / [found no other names identical or confusingly similar to the alleged mark].
Please feel free to contact me if you have any questions or concerns regarding the use of UDRP Rule 17 to conclude this matter."
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You can't simply assume that the other side is even aware of the procedure. However, the real hook is the $1000 refund. WIPO offers that. ADRForum does not. In all probability, they have already billed their client for the matter on either a flat fee or hours+expenses basis. If you are dealing with a small to mid-sized firm, then they are not going to go running off to their client to say, "Hey, we get $1k back." I would bet that in most cases of Rule 17 transfers at WIPO, the complainant's attorney pockets the refund and never tells the client about it, which is a huge incentive.
After you send that email, the WIPO case manager will send their form email explaining the process to the complainant's attorney, so they will know that you are not trying to pull some kind of trick and that this is a legit procedure.
If they refuse to agree for whatever reason, then go ahead and file a response stating that you offered to transfer the domain name under Rule 17 and the complainant's counsel refused, and thus the complainant's counsel is the only obstacle standing between their client and what their client ostensibly wants. That will sometimes get them off the fence, since it is their duty to get the client what the client wants. However, sometimes they do want a decision for ancillary purposes, such as bolstering the strength of a weak mark by obtaining a "decision" of some kind. However, it is up to the panel, in this situation, to decide whether to go through the full UDRP analysis or simply cash THEIR small check and say "there's no dispute, the parties agree to transfer the name" and be done with it.
Obviously, the proposed note above should be adjusted to the circumstances, and really won't help if you have ten typos of a well-known mark. But in situations where it is some mark you never heard of, and there is at least some plausibility to that, then typically the complainant is just after the name and will take the deal.
