Attorney Steve® Domain Name Dispute Essentials - The WIPO Standard Settlement Form

Introduction

When you get involved in a domain name dispute, especially with a competitor, things can get heated.  Competitors and their attorneys may be willing to do things they should not do - such as file a malicious UDRP proceeding.  You can read our blog about pursuing as trademark bully in state court under a malicious prosecution theory, or as they refer to it in Arizona, wrongful initiation of a civil proceeding.  That being said, if you have two reasonable parties seeking to work things out amicably while in the UDRP arbitration proceeding, there is a chance to settle the case on terms favorable to both the respondent and the complainant.  This can come at various stages of the proceeding.  Listen to the podcast below and we have provided a copy of the WIPO sample settlement form.  Keep in mind, if there are other issues involved, it may be very important to create a detailed written contract that spells out all the terms.  See below for a discussion of contract settlement terms that at a minimum should be considered.  As always, if you need help with an arbitration, contact us at the number below or email us through our contact form.

POCAST:  Listen to Attorney Steve® explain the settlement form in WIPO disputes

The standard settlement form

Here is the standard settlement form from WIPO.  If you can settle the case, this is a good form to let them know - in which case with WIPO you may be entitled to a refund of the filing fees.

XXXXX vs WWWWWWWWWW

WIPO Case No. XXXXXX

Domain Name at Issue:

This Standard Settlement Form is submitted by the Parties pursuant to paragraph 17(a)(iii) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) as approved by the Internet Corporation for Assigned Names and Numbers (“ICANN”) on September 28, 2013, and in effect as of July 31, 2015.   

The WIPO Arbitration and Mediation Center (the “Center”) will not disclose the completed Standard Settlement Form to any third‑party.

Please note that the Standard Settlement Form is not intended to be an agreement itself, but only to summarize the essential terms of the Parties' separate settlement agreement for purposes of Registrar action. 

The Parties have reached an agreement regarding the following disputed domain name(s):

Pursuant to such agreement, the Parties request the Registrar to take the following action [select one of the following options]:

[  ] The disputed domain name(s) should be transferred from the Respondent's control to the Complainant.  [If there are multiple complainants, please indicate to which complainant the disputed domain name(s) is/are to be transferred.]

[  ] The disputed domain name(s) should be cancelled.

In accordance with paragraph 17(a)(vii) of the Rules, unless stipulated below, the Parties' settlement agreement is without prejudice. 

[Please indicate if the Parties' agreement is intended to be with prejudice.  Further details may be included in the Parties' discretion.]

/s/ /s/______________________.      Dated:________________

For Complainant 

/s/ /s/______________________.      Dated:________________

For Respondent

What is the difference between settling WITH PREJUDICE VS WITHOUT PREJUDICE?

You may also need a formal written domain dispute settlement agreement

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Contact a Domain UDRP Law Firm

Our IP law firm was established in 2004.  Since that time we have appeared in over 250 federal court cases (making us one of the top copyright litigation lawyers per cases handled in the United States.  Here is a break down of the top filers.  Our Trademark and Trade secret practice is also growing.  For more information about our service, call us at (877) 276-5084.  You can also fill out our contact form.

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