Can you launch a UDRP after a UDRP loss? (1 Viewing)

MapleDots

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I was reading about the latest UDRP loss of VOCL.com by Rob Monster.
https://dnforum.com/threads/rob-monster-wants-to-get-voc-a-l.599641/#post-2344633



I never really though about this before but if you lose a UDRP is it possible to launch a UDRP back once the domain tranfers away?

Interesting question especially if the panelist made the wrong decision.
 

FM

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MapleDots said:
I never really though about this before but if you lose a UDRP is it possible to launch a UDRP back once the domain tranfers away?

The common process is usually to sue once the UDRP decision against you is handed down (which also stops the process of handing the domain to the complainant). I don't think I have seen anyone file a counter-UDRP, but it is an interesting idea. It might have happened before... if it did I'm sure John Berryhill or Zak Muscovitch would know.
 

Esdiel

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Haven't studied this specifically but it's possible for a complainant to submit/file multiple UDRP proceedings for the same domain after losing. By that logic, I would assume you can turn around and file another UDRP proceeding if you had a domain taken away via UDRP. Seems like people/companies are free to submit as many UDRPs as they want, but I imagine your chances only get worse every time you try and lose.

Here's the example that made me think of this:



 

MapleDots

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That example is abuse of the system

I'm talking about a situation like VOCL.com or some other UDRP where the decision of the panelist was clearly wrong.
 

theinvestor

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I am not too familiar with UDRP as I have never been involved in one. I know that you cannot challenge a CDRP. You would have to go to a superior court in order to dispute a decision.
 

Esdiel

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MapleDots said:
That example is abuse of the system

I'm talking about a situation like VOCL.com or some other UDRP where the decision of the panelist was clearly wrong.

It is an abuse of the system in that case, but the point is it seems anyone can file a UDRP for a domain, even more than once. So why couldn't you file a UDRP to try and get your domain back?
 

Esdiel

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In addition, I'm not suggesting this would be the smartest avenue to regain your domain and you would still have to meet the UDRP requirements to stand a chance (like having a trademark or service mark). But it seems like anyone can file a UDRP if they want, even if they stand 0 chance at winning.

In other words, it probably wouldn't make sense to do this if you don't have a trademark or service mark related to the domain, and you only ever had the domain for sale. However it might make sense for a company that was already using the domain and lost it to a competitor of theirs.

But like others have said, the normal route would be to file an action in the courts.
 

FM

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Esdiel said:
But it seems like anyone can file a UDRP if they want, even if they stand 0 chance at winning.

Definitely. And many misunderstand the process, the rules and many are even mislead by their lawyers.
 

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