What If the Registrar Refuses to Transfer the Domain Name to Your Control after a Successful Transfer Order is issued by a UDRP Panelist?

It does not happen very often but there are instances where a trademark holder successfully brings and complaint under the Uniform Dispute Resolution Policy (UDRP)-achieving a panel finding of bad faith cybersquatting- and yet still has trouble securing their domain.  After a transfer order is issued, the registrar typically has ten day to work with the trademark holder to transfer the subject domain to the trademark holder’s control.  If the registrar being used by the cybersquatting in the first instance fails to transfer the domain, the next step is to work with ICANN who can enforce the registrar’s contractual obligations to fully comply with the provisions of the UDRP.  ICANN recently issued a draft advisory regarding registrar best practices to protect registrants upon initiation of the Uniform Domain Name Dispute Resolution Policy complaint at its contractual compliance web page found here. 

Cybersquatting and Domain Name Dispute Attorneys: Recent Cybersquatting and Domain Name Issues across the World Wide Web

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning cybersquatting and domain name issues.  Here is this week’s cybersquatting and domain name dispute round-up:

iTunes 'cybersquatting' row threatens Nominet authority
Silicon.com - UK
By Jo Best The authority of the UK's domain name registrar has been called into question after the owner of the domain name iTunes.co.uk investigated what ...

What's a domain name worth?
Financial Post - Toronto,Ontario,Canada
"[True cybersquatting is] if you take a name that is confusingly close to the name of a business to mislead or confuse," said Byron Holland, president of ...

New Owners of DNHour.com Plan to Continue and Develop This Pligg Site
WebWire (press release) - Atlanta,GA,USA
As a domain name dispute, cybersquatting and trademark lawyer that had visited the DNHour.com site many times previous to this purchase, Mr. Schaefer did ...

Law Firm Loses UDRP Domain Dispute Decision Over Use of Drug TRACLEER

K&L Gates : Newsstand : K&L Gates represents pharmaceutical company in precedent-setting WIPO domain name victory

On September 10, 2007, a three-member panel of the World Intellectual Property Organization (“WIPO”) found in favor of ... Pharmaceuticals, Ltd (“Actelion”), that the use of its trademarked drug name TRACLEER by a law firm for the purpose of soliciting clients for litigation was improper under the Uniform Domain Name Dispute Resolution Policy (“UDRP”). The Panel’s decision, a clear departure from previous precedent, represents a positive outcome for trademark owners, especially those in the pharmaceutical industry, whose trademark rights are being improperly used by lawyers and law firms to attract litigation clients.

Before Actelion, the seminal WIPO case involving use of a pharmaceutical company’s trademarked drug name by a law firm was decided in favor of the products liability lawyer. See Pfizer, Inc. v. Van Robichaux , WIPO Case No. D2003-0399 (July 16, 2003).

Read the WIPO decision here.

Trademark Attorneys Specializing In Cybersquatting, Domain Disputes & On-Line Brand Protection

Our attorneys specialize in cybersquatting and trademark matters including WIPO / NAF arbitration, Uniform Domain Name Dispute (UDRP), Anti-Cybersquatting Act Litigation in Federal Courts across the United States. Don't settle for attorneys who think they can 'figure it out.'  Our trademark and domain dispute attorneys have handled some of the highest profile cybersquatting cases for some of the largest companies in the world.   

Managing Partner Enrico Schaefer: "Traverse Legal's attorneys know trademark and cybersquatting law and pride themselves on advanced litigation techniques which are both cost-effective and budget oriented.  There are very few firms that can match our ability to get back-end registry level data in order to put your best leverage in play. We understand the Internet and the technology which drives it.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have a trademark or cybersquatting issue you may contact one of our trademark and domain dispute attorneys for a free evaluation or call 866.936.7447 (International Toll Free).