When the UDRP works as it's "supposed" to, the complainant must prove bad
faith on the part of the respondent to prevail. It is not enough to want
the domain name when the other guy doesn't seem to be using it. Is the name
a registered trademark of your client's? If not, it might be difficult to
prove that the current owner should have known your client has an interest
in the name. Do you have reason to think the current owner has no right to
use the name? Maybe it's his business name, too.
I would suggest asking the current owner if he or she wants to sell it
before resorting to litigation.
Of course, some of the arbitrators seem to render decisions that are not
grounded in law, so maybe your client will win anyway. But then the other
guy could take it to a real court.
You can find out the particulars of the UDRP process at www.icann.org.
----- Original Message -----
From: "Toxik - Fabian Rodriguez" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, November 07, 2000 2:51 PM
Subject: Dispute resolution policy question
> Hello,
>
> One of our customers has registered 3 domain names (in french, portugese
and
> spanish), only to find out that their organisation name in english has
been
> registered by someone that is not using it, presumably "squatting".
>
> Has anyone gone through UDRP
> (http://www.icann.org/udrp/udrp-policy-24oct99.htm) to recover a domain
name
> ? How long can our customer expect to wait before recovering their domain
> name ? What would be the costs involved ?
>
> Thanks for any information on this,
>
> Fabian Rodriguez - Associate Director, Outsourcing and Business
development
> Toxik Technologies Inc. - www.Toxik.com - (514)528-6945 x1
>
>
