Dynadot

Termination of an UDRP, reasons and why?

Labeled as udrp in Legal Discussion started by MAF1981, Nov 25, 2018.

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  1. MAF1981

    MAF1981 Established Member

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    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
     
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  2. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    If I remember correctly, if a case is terminated before it's addressed, then the complainant gets 50% of the UDRP fee back. At least at WIPO. The rules may vary at the other arbitration bodies.

    Normally, before a UDRP is launched, the TM holder will try to contact the owner of the infringing domain, send them a C&D and only if they do not comply, then they will proceed with a UDRP.
    I am pretty sure that many naïve people don't take the threats seriously, until they get a formal notification of the UDRP (or lawsuit). Then they are more inclined to cooperate.

    So, if the respondent knows he's going to lose, he can still avoid having his name in a decision that is made public, and indexed in Google. E-reputation is important, if people find bad stuff when they google your name, it's always going to undermine you.
    So termination is win-win.
     
  3. carob

    carob Active Member VIP

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    I believe it can also be terminated by the complainant - makes sense if they see they are bound to lose.
     
  4. MAF1981

    MAF1981 Established Member

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    Thanks for explaining :) This really makes sense at the end for both parties.
     

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