Re: [nc-udrp] A further thought on the response deadline

[Michael Froomkin <froomkin@law.miami.edu>]

A related issue is the abuse of the length limits with long "attachments".  I
propose that whatever time limit applies be increased by one day per page of
attachments other than official government documents proving the registrations
and/or existence of a trademark (for which I'd impose no time consequences).

John Berryhill wrote:

> Actually, having an "intent to respond" act in the same manner as a waiver
> of service in US civil litigation, by extending the deadline, would have a
> benefit to complainants as well.
>
> Compare:
>
> Currently - Respondent defaults in twenty days.  Case goes to panel.  If it
> is a WIPO panel, a decision takes at least a month.  If it is an NAF panel,
> the default decision takes about three weeks at most.
>
> Proposed - Respondent defaults in twenty days.  Same result.  But if
> respondent affirms an intent to respond within twenty days, then the
> respondent receives an additional twenty days to respond.  If the respondent
> then defaults, the domain name is automatically transferred and the
> complainant receives a refund of the panelist portion of the fee.  So, even
> with the extension, a default case moves faster and more economically for
> the complainant.
>
> Extending the response period also works toward a fair solution of the
> "cyberflight" problem - where the respondent alters the registration data or
> deletes the domain name prior to compliance review by the DRP.  As I
> mentioned earlier, the _de facto_ solution to cyberflight has been chronic
> failure of complainants to follow the service rule, which should be
> eliminated anyway, as there is no consequence for a violation.  Yes, we're
> all "nice people", but we are all people... and making a rule for which
> there is no penalty is simply not a rule anyone can expect to be followed.
> But the result of the actual situation on the ground is to shave off time
> that would otherwise be spent preparing a response or simply settling the
> dispute.

--
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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