Seeking advice on Uniform Domain Name Dispute Resolution Policy

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Hi! I was wondering if someone has gone through this process before, as
I'm new to it -- never had to dispute a domain before.

To make a long story short, someone let one of their domains expire
accidentally., notorious, snapped it up and pointed it at
their spammy search engine. The domain in question is the business name
of my client, as well as their registered trademark. is in the
Cayman Islands (we're in the U.S.), so obviously the ICANN UDNDRP route
is the one we want to take. I tried contacting twice to
settle, but they don't respond.

I've drafted the complaint letter and am ready to submit it to an
arbitration board. But, before I do that, I was wondering if anyone had
advice on what to include in the letter, what not to include, and maybe
even a sample letter? As I said before, I've never done this before, and
I want to make certain we get back the domain without further hassle.

Any advice would be mucho appreciato. Thanks!

David Hennessy /

Re: Seeking advice on Uniform Domain Name Dispute Resolution Policy

On Mon, 13 Mar 2006 17:24:27 GMT
Quoted text here. Click to load it
Which arbitrator are you using. IIRC, there is an option with most
for a single member arbitrator for $1,200 or a three member board for
$2,400. If you go the multiple-member then the fee is split. This
gives you an opportunity to win by default. Ask the arbitrator what
happens if you submit your $1,200 and the other party fails to do so.

With respect to the letter, follow the instructions VERY carefully.
IMO, less is more. The important thing is to document the specific
ICANN regulation that is being violated. Note the following:

b. Evidence of Registration and Use in Bad Faith. For the purposes of
Paragraph 4(a)(iii), the following circumstances, in particular but
without limitation, if found by the Panel to be present, shall be
evidence of the registration and use of a domain name in bad faith:

    (i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration to
the complainant who is the owner of the trademark or service mark or
to a competitor of that complainant, for valuable consideration in
excess of your documented out-of-pocket costs directly related to the
domain name; or

    (ii) you have registered the domain name in order to prevent the
owner of the trademark or service mark from reflecting the mark in a
corresponding domain name, provided that you have engaged in a
pattern of such conduct; or

    (iii) you have registered the domain name primarily for the
purpose of disrupting the business of a competitor; or

    (iv) by using the domain name, you have intentionally attempted
to attract, for commercial gain, Internet users to your web site or
other on-line location, by creating a likelihood of confusion with
the complainant's mark as to the source, sponsorship, affiliation, or
endorsement of your web site or location or of a product or service
on your web site or location.

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Re: Seeking advice on Uniform Domain Name Dispute Resolution Policy


Quoted text here. Click to load it

Hi David. Long time, no see.

I don't have any experience with this, but there is language on these
web sites that I would include in a petition for a domain name dispute:

These are the key points that have to be proved:
Paragraph 4(a) of the ICANN Uniform Domain Name Dispute Policy
("Policy") requires that the complainant must prove each of the
following three elements to obtain an order that a domain name should be
cancelled or transferred:

(1) the domain name registered by the Respondent is identical or
confusingly similar to a trademark or service mark in which the
Complainant has rights;

(2) the Respondent has no rights or legitimate interests in respect of
the domain name; and

(3) the domain name has been registered and is being used in bad faith.


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