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Why and Who:
Delux Internet Systems Consultants (DISC) has just (Tue, Apr 30, 2002) successfully
defended it's domain name, "delux.com" 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.
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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