UDRP file against me, need advice (will post results of case)

[alchliol]

So i got an email from WIPO and they are after my domain name and must reply by 10/21/17. My concern is, given that someone just payed high amount of cash to file a complaint and take my domain, does this mean i also have to pay fees to move forward with the case? I am not going to hire a lawyer (because i cannot afford it) but i might not even be able to afford any such fees i would have to pay? Should i just let the case roll on without me and see if they transfer them over or how does this work?

 

[gilescoley]

If the name is trademarked, just give them the name, no fees or charges, simple

 

[carob]

It does not cost you anything to reply.

You don't need a lawyer, the WIPO cases always consider the same three points - you can read all the WIPO cases online. To get the name via WIPO the complaint has to fulfill all three conditions. http://www.wipo.int/amc/en/domains/search/

As Giles said, if the term is trademarked and you registered the domain after the trademark was established, it may be best to just give them the name.

Had the company contacted you before? Had you contacted them?

 

[Kate]

The UDRP can still be terminated. It is a good deal for both parties because the complainant gets half the fee back I believe, and you can still avoid having your names listed in Google as a cybersquatter (UDRP rulings as public and indexed in search engines). This is not a felony, but who needs bad rep...

If they have a valid case and the domain is not worth it, give it away.
If they are in the wrong, then fight. There are plenty of cases with replies you can use as an example, tailored to your personal situation.

 

[jberryhill]

the complainant gets half the fee back I believe

WIPO will refund $1000 of the $500 filing fee. NAF will refund nothing.

There is no cost to file a response on your own. There is also no cost to defend yourself in a court. You can remove your own appendix with a kitchen knife too, but it helps to have some idea what you are doing.

 

[bobbarato]

WIPO will refund $1000 of the $500 filing fee.

Awesome ROI!

 

[consumers]

NAF will refund nothing.

years ago in the early days of the UDRP I filed a case against Network Solutions over wwwhois.com. I ended up withdrawing the case and there were no clauses involving refunded at the time. NAF would not give me a refund so I contact the Minnesota Attorney General and they wrote NAF a letter telling them to give me a refund. I got my refund but NAF added the no refund clause.

As for the UDRP in general see this link at WIPO:

http://www.wipo.int/amc/en/domains/search/overview3.0/

 

[Silentptnr]

@alchliol Did you file a response?

 

[Irene123]

You have to give the name but just sure that you have the trademark or not. If you have it then its a not right of them.

 

[alchliol]

I ended up filing a response, i had no choice. They contacted me first by emailing the privacy, 2 months later my registrar is calling me saying they want my contact details so i email the email that was emailing my privacy contact. The first thing they said is that they want to buy the domains. Of course i say they aren't for sale and later say make an offer for my consideration (in other words to motivate me to sell them) and they started offering.

 

[Dominique]

Did you consult someone before you made a response?
Its always good to put some reasonable arguments on the table, especially when there is a possibility of Reverse Domain Name Hijacking (RDNH).

If I understand correctly, the complainant tried to buy your domain before he filed an UDRP against you?

Btw, is there any chance you can publish your case here?

 

[wwwweb]

I ended up filing a response, i had no choice. They contacted me first by emailing the privacy, 2 months later my registrar is calling me saying they want my contact details so i email the email that was emailing my privacy contact. The first thing they said is that they want to buy the domains. Of course i say they aren't for sale and later say make an offer for my consideration (in other words to motivate me to sell them) and they started offering.

What was their offer?