UDRP Defense

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UDRP Defense

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Fun Case of the Month

WIPO Case No. D2000-1286

The most common error in receiving to a UDRP complaint is to not respond. The domain name holder in this case did, in fact, respond, and respond, and respond.

Just so you know, trying to start a trade war between the U.S. and China is not a recommended defense.

Delux Internet
Systems Consultants

Why and Who:
Delux Internet Systems Consultants (DISC) has just (Tue, Apr 30, 2002) successfully defended it's domain name, "" against a
UDRP complaint brought by a large company. In doing so, Delux joins the elite group of successful UDRP Respondents, beating the 87% probability of failure. DISC represented itself in the complaint and learned a significant quantity of legal merde that we feel compelled to share. Please read the disclaimer before continuing.

This area of the Delux site is intended to provide information to individuals or small companies that have registered a domain name that is or may become central of a UDRP dispute.

This information is NOT intended for cybersquatters.
Delux does not accept, agree with or in any other ways support or endorse cybersquatting. If you have ever registered more than a dozen domains, knowingly registered a domain that infringes upon anothers trade or service mark or sold a domain for profit, you are not authorized to read the information on this site. Leave now.

The UDRP, good intentions, gone bad:
The intention of the ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) was developed first to provide a trade or service mark holder some form of recourse against cybersquatters and secondly to provide the above parties an avenue to avoid costly and lengthy intellectual property litigation. Because of the naiveté of it's authors, it's immaturity and the idiocy of much of the body of precedent so far established, it is being used to leverage the resources of a large company to steal the property of small companies or individuals. UDRP findings side with the Complainant an enormous majority of the time.

Delux's UDRP discussion contains the following sections:

Several ounces of Prevention.

There are a number of things you can do to protect your domain name against the possibility of a UDRP complaint. Just like any precautions, none are any fun, but some are easy.

Responding to a request to buy your domain.

Although it may appear to be a simple request inquiring into buying your domain; more often than not, it's a carefully drafted trap; written by a lawyer who has no intention of buying your domain. Any missteps here will likely result in the domain being transferred to them at a significant cost to you.

The key points of the UDRP summarized.

These are the specific points you need to respond to in a UDRP complaint with as much legalese and procedural instructions removed as possible. This is not intended to replace the value you would gain by reading the UDRP yourself, but rather to quickly familiarize you with the gist of the UDRP.

The key points of a UDRP defense.

This is a point-by-point discussion of possible defenses to any claims made in a UDRP complaint.

This information is not legal advice. Please read the Disclaimer

"The first thing we do, let's kill all the lawyers"
- Shakespeare's Henry VI




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