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What is the process to file a complaint against a PRIVATE domain name registrant?

Posted by Steve Vondran | Feb 16, 2022 | 0 Comments

Attorney Steve® UDRP Domain Name Dispute Essentials - Seeking to recover a domain from a private registrant (Domain by Proxy) cybersquatter

 

California UDRP attorney

 

Introduction

Here is a general overview of the process and how it works.  You start by filing the complaint against the private registrant.  The WIPO panel (or NAF or other) reviews the Complaint for compliance with the UDRP policy.  Then, they will contact the domain name registrant (ex. GoDaddy in Tempe, Arizona) and seek the name of the private registrant and their contact details.  Then, the Complaint will be given the opportunity to amend the complaint and add the name of the private registrant in an amended complaint.  The respondent is then notified and given a chance to respond to the Complaint.

This process is explained in one WIPO case:

WIPO domain arbitration private registrant complaint

"The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 16, 2021. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. Also on December 16, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.

The Center sent an email communication to the Complainant on December 20, 2021 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on December 22, 2021.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on December 27, 2021. In accordance with the Rules, paragraph 5, the due date for Response was January 16, 2022.

The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on January 18, 2022.  The Center appointed Archibald Findlay SC as the sole panelist in this matter on January 28, 2022. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

Cybersquatting IP Protection Law Firm

If your company is dealing with a pesky cybersquatter, typo-squatter, or receiving cash offers to sell a domain to you for domain names that are confusingly similar to your trademark (registered or common law rights), we can help file a UDRP proceeding, URS, or trademark infringement lawsuit against the wrongful actor and seek damages under the ACPA for reverse domain name hijacking.  Call us at (877) 276-5084 or fill out our contact form and we will call 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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