Domain name Copyright - ICANN UDRP - Serious case ?

archaikas

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Hello

A few days ago I received three emails informing me of a trademark infringement in the domain name.
I've recived official letters and screenshots of my site showing where I infringe the copyright.
The whole process takes place through the "adrforum.com" website.
I don't want to incur any costs, but I'm able to hand over the domain to a microsoft.

Anyone had a similar case?

Bellow commencement-

"This Written Notice being served on you in accordance with Rule 2 of the ICANN UDRP policy for the above entitled case regarding the domain name <xxx.com>.

This is e-mail 1 of 3 . The remaining emails will contain the complaint and all annexes. Hard copies of this Written Notice will follow via mail and/or fax. The complaint will not be sent to you via hard copy.

WRITTEN NOTICE OF COMPLAINT

Microsoft Corporation v. xxx
FA20060xxx
<xxx.com>
Deadline to Respond: 6/25/2020

1. Notification. You are hereby notified that an administrative proceeding has been commenced against you pursuant to the Uniform Domain Name Dispute Resolution Policy, adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 (Policy) (http://www.icann.org/udrp/udrp-policy-24oct99.htm). It concerns domain name(s) that are currently registered and being used by you. The Policy is incorporated by reference into your Registration Agreement with the Registrar(s) of your domain name(s). When you registered your domain name(s) you also agreed to submit to and participate in a mandatory administrative proceeding in the event that a third party (Complainant) submits a Complaint to an ICANN-approved dispute resolution service provider (http://www.icann.org/udrp/approved-providers.htm) concerning a domain name registered and being used by you.

2. Date Complaint Received. The Complaint was submitted by Microsoft Corporation and was received on 6/4/2020 by the Forum.
3. Commencement of Administrative Proceeding. In accordance with Rules, Paragraph 4(c), the formal date of the commencement of the administrative proceeding is 6/5/2020. On this date the Complaint and all Annexes were sent to following email addresses pursuant to UDRP Rule 3 and Forum Supplemental Rule 4:
[email protected]; [email protected]; [email protected].
If you have not received a copy of the Complaint, please notify the case coordinator listed at the bottom of this letter and provide the email address where you would like this information sent.

4. Deadlines. Within 20 days from the commencement date, the Forum must receive, a Response and all exhibits according to the requirements that are described in The Rules, Paragraph 5 and the Supplemental Rules. You must also serve these on the Complainant. Your Response and exhibits must be received by the Forum by 6/25/2020. In the event the Complainant elects to have the dispute heard before a single-member Administrative Panel, and you elect to proceed with a three-member Administrative Panel, your payment for a three-member Panel must accompany your Response.

5. Default. If your Response and/or required payment are not received by the above date, you will be considered in default. We will still appoint an Administrative Panel to review the facts of the dispute and to decide the case.

6. Administrative Panel. The dispute between you and the Complainant will be decided by an Administrative Panel consisting of either one or three impartial and independent decision makers who will be appointed by the Forum. The Complainant in this administrative proceeding has elected an Administrative Panel consisting of:
[ X ] A Single Member [ ] Three Members See below:

A Single Member Panel. If the Complainant has selected the single-member option as indicated above, then the appointment of that Panelist will be made by the Forum from our published list of Panelists (https://www.adrforum.com/domain-dispute/search-panelists). We will appoint a Panelist within 5 calendar days of when your Response was received or the date your Response was due. The fees for this administrative proceeding have been paid in their entirety by the Complainant.

Despite the Complainant’s election of a Single-Member Panel, you can still choose to have the case decided by an Administrative Panel consisting of three members. If you choose this option, you will be required to pay half of the applicable fees for the Administrative Proceeding. The payment must be made at the time you submit your Response. Failure to submit the required payment at that time may be taken as grounds for proceeding with a Single-Member Panel.

If you choose a three-member Administrative Panel and make the required payment when you submit your timely Response, you should indicate the names and contact details of three persons in your Response. These three persons can be selected from our published list or that of any other ICANN-accredited dispute resolution service provider. We will try to appoint one of the three persons you have recommended to the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If you choose a three-member Administrative Panel, but do not provide us with the names and contact details of any candidates, we shall make the appointment from our published list.

Three-Member Administrative Panel. If the Complainant has selected the three-member Administrative Panel option as indicated above, then the Complainant has provided us with the names and contact details of three candidates to serve on the three-member Administrative Panel. We will try to appoint one of these three candidates. If we are unsuccessful, we shall make the appointment from our published list of Panelists.
You are kindly requested to provide the names and contact details of three persons in your Response. These three persons can be taken from our published list or that of any other ICANN-accredited dispute resolution service provider. We will try to appoint one of the three persons you have recommended to serve on the Administrative Panel. If we are unsuccessful, we shall make an appropriate appointment from our published list. If you do not provide us with the names and contact details of any candidates, we shall make the appointment from our published list. Please note that the fees for the administrative proceeding have been paid in their entirety by the Complainant. Both you and the Complainant will be contacted concerning the procedures for the appointment of the Presiding Panelist (i.e., the third Panelist).
7. Communications. Your Response must be communicated to us according to the requirements of Rules, Paragraph 5(b) and Supplemental Rules, Paragraph 5. All case-related filings or submissions to the Forum after the submission of your Response must be made according to Supplemental Rules, Paragraph 7. In your Response you must indicate a preferred email address for case-related communications and, if applicable, your authorized representative for the dispute, otherwise we will use our discretion as to which contact details we will use.

All communications that are required to be made to the Complainant under the Rules and Supplemental Rules, including your Response, should be made according to the contact details and method(s) specified in the Complaint.

8. The Administrative Proceeding. If this case is to be decided by a single-member Administrative Panel, we shall appoint the Administrative Panel within five (5) calendar days of when your Response was received or the date your Response was due. If the case is to be decided by a three-member Administrative Panel, we shall send to you and to the Complainant a list of five (5) candidates for the Presiding Panelist. You will each be offered the opportunity to strike two from that list. We shall make the appointment of the Presiding Panelist and take into consideration the preferences indicated by you and the Complainant.

The Administrative Panel will have 14 days from the date of its appointment to issue a decision in the case. Under normal circumstances, we will forward the decision to you, the Complainant, the concerned Registrar(s) and ICANN within three calendar days of receiving it from the Administrative Panel. The Registrar(s) will notify all parties concerned of the date that the decision will be implemented if the Registrar(s) does not receive notification and the required documentation from you in accordance with Paragraph 4(k) of the Policy. We will then post the decision on a publicly accessible web site, unless we have been directed not to by the Administrative Panel.

9. Case Coordinators. Michelle S. at [email protected] has been appointed a Case Coordinator to be in charge of administering your case. Please note that, while the Case Coordinator is available to answer questions relating to such matters as filing requirements and to help you to understand the Policy, Rules and Supplemental Rules, the Coordinator cannot provide you with any legal advice or make any representations on your behalf."
 

Attachments

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Did you actually infringe any copyright? If you don't really care about the domain send an email stating you will push the domain without challenging the urdp or just let it run they will eventually ask for the domain if they win
 
The domain name was a registered trademark of Microsoft, and the product logo was copied on the website. I doesn't have a problem with thedomain transfer , I just don't want they pulled me into some larger liability eg. Pay compensation or similar
 
The domain name was a registered trademark of Microsoft, and the product logo was copied on the website. I doesn't have a problem with thedomain transfer , I just don't want they pulled me into some larger liability eg. Pay compensation or similar

If you want to stay online move / transfer your domain to njal.la. In other cases contact them and ask what they want to you do, you a free to negociate the best solution for this case. Tell them that.

However Like I said, before starting a website you need do to a research. There is a little lack of research.

Be careful with Scams! Make sure that is a valid complaint. If is a valid complaint, you should shutdown your website to avoid anything and negociate with them to avoid any legal issues.

But, I'll reinforce be careful with Scams and unvalid complaints or fake DMCA Abuses.

If is valid, shutting down seems to be the best way, like I said negociate with them, the best solution to avoid any legal issue.
 
Last edited by a moderator:
If you want to stay online move / transfer your domain to njal.la.

You literally have no idea what you are talking, don't you?

Trademark > Copyright > Anonymous domain owner for cats blogging.

Does your host give you notification?

Domain related complains are going through the domain registar and not the web hosting provider (unless are not the same company).
 
You literally have no idea what you are talking, don't you?

Trademark > Copyright > Anonymous domain owner for cats blogging.



Domain related complains are going through the domain registar and not the web hosting provider (unless are not the same company).

Ok got you , means IF happen u get the domain from the host same for your site hosting plan , it will be like what you claim than

but it will be different if your domain is get from other host , etc
 
The domain was purchased on namecheap, and it’s now blocked for the duration of the case, I can't transfer it etc.

I received 3 e-mails with attachments informing about my infringement, and a comprehensive description of protected trademarks, along with their registration dates.

I’m inclined to voluntary domain surrender and apologies, I hope that they will not continue to do so...
 
If they have your real contact informations negotiate with them, if not just leave the domain and move on
 
@vini91

As far as I remember, I didn't reply to any of their e-mails, I just waited for the situation to develop, of course I deleted all the content on the site right away. Two weeks after receiving a letter, I got another one in which it was written that the domain was transferred to Microsoft and so, no more consequences, I did not bear any costs.
 
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