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[ga-udrp] the UDRP


Do we have a UDRP or not. Here is an interesting twist and another example of "UNIFORM". Someone registered a domain name that had expired and dropped. SanpNames.com provides a monitoring service and got the name for their client. The domain name was as similar to their client's last name that he could see coming available. The client played by the rules. The word the domain represents is generic.
 
After getting the name, within two weeks a lawyer called on and threatened the new registrant with a UDRP action. The lawyer then called on and emailed lots of other companies with similar names and let them know about the situation for some reason. Some of them emailed the new registrant to ask why a lawyer was also contacting them.
 
The lawyer also threatened Tucows. Even though it is a generic word it seems there are 9 TMs in various classes on the name. The lawyer represented the company that let the domain name expire who is one of the TM Holders. By the way. They got the domain in a UDRP action in the first place then still failed to properly protect the domain by letting it expire.
 
Now this letter comes from Tucows to the new registrant.
 

The above mentioned domain name was accidentally deleted due to an
administrative error.  This deletion allowed the name to become available
for public registration, at which point you registered the name.  As the
name should not have been available for registration, we will be returning
the name to the original Registrant, in accordance with section 21 of the
Registration Agreement.  You will, of course receive a  full refund for the
registration amount.

If you have any questions or concerns, or would like to discuss this matter
further, please do not hesitate to contact me.

Sincerely,
Karen Johnston
Compliance Officer OpenSRS
Tucows Inc.
disputes@opensrs.org
lhutz@tucows.com
416-535-0123 ext 1260
1-800-371-6992
 
Amazing how the UDRP isn't needed at all and Registries can just decide cases on their own.
 

Chris McElroy aka NameCritic


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