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Unmasking of the Cybersquatter in a WIPO UDRP arbitration

Posted by Steve Vondran | Mar 02, 2022 | 0 Comments

Attorney Steve® Domain Dispute Essentials - Unmasking the private registrant 

reveal identity of cybersquatter

Introduction

After you file a UDRP complaint with WIPO and after the registrar (ex. GoDaddy) is served with a copy of the complaint and attachments the registrar is forced to reveal the name of the registrant of the domain name.  Particularly if they live in the United States.  There may be some privacy issues (GDRP) for overseas registrants.  We will talk about this in another blog.  For now, here is what you can expect when the domain by proxy respondent has their identity revealed.  Once revealed, you can see to have them voluntarily agree to transfer the domains, agree to cease and desist further infringing conduct, and seek to recover your filing and legal fees.  If you can reach an agreement, you let WIPO know (file a settlement statement) and you might even be entitled to request a partial refund.

Sample Unmasking Disclosure to Complainant

Dear Complainant,

Further to our Acknowledgment of Receipt of Complaint, pursuant to paragraphs 4(a) and (b) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), the concerned Registrar identified registrant and contact details that differ from the named Respondent Private Registrant, GoDaddy in the Complaint. The registrant information received from the Registrar is:

Chucky Cberskwatter
PO Box 711
Chicago
Illinois
60174
US
Phone: +1.333.413.3333
Email: [email protected]  

Billy Bogus
222 URS street
Dallas, Texas
48390
US
Phone: +1.444.321.9876
Email: [email protected]

The registrar May invite you to Amend the Complaint adding the true identities

Please note that pursuant to Rules paragraph 3(c) "[t]he complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder."

Accordingly, you are requested to:

(i) amend the Complaint adding the Registrar-disclosed registrants as formal Respondents and provide relevant arguments or evidence demonstrating that all named Respondents are, in fact, the same entity and/or that all domain names are under common control; and/or

(ii) file a separate complaint for any domain name(s) for which it is not possible to demonstrate that all named Respondents are in fact the same entity and/or that all domain names are under common control and indicate (by short amendment or reply email) which domain name(s) will no longer be included in the current Complaint.

Please submit any amendment to the Complaint by March 7, 2022. You may also wish to consider including further facts or arguments in light of the new registrant information (e.g., as to the Respondent's rights or legitimate interests or bad faith). See WIPO Overview 3.0, section 4.11. Please note that the Mutual Jurisdiction section of the Complaint may be impacted.

In light of the above, the Center will send all future communications to all presently-named and disclosed contact details associated with the relevant domain name(s) to ensure proper notice is provided to the registrant(s).

For more questions contact UDRP Counsel

We can be reached at (877) 276-5084 or fill out our contact form and we will contact you.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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