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ICANN Dispute Process

Discussion in 'BlackHat Lounge' started by hans.kohler, Aug 11, 2013.

  1. hans.kohler

    hans.kohler Newbie

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    Hello everyone,

    someone is trying to take my domain name from me and I'm kind of worried as I don't have any idea how the actual ICANN dispute process goes through.
    Scenario: I have a company registered in name XXXXXs - the other guy who has filed the complaint has no company in that name, although claims to have a trademark (he just registered it AFTER i already had the Domain registered). the other guy's domain name is XXXXX basically my domain is the same with an "s" added at the end.

    Now I have ABSOLUTELY no intention to sell that domain or cybersquat, I am doing legitimate business, with a High quality website under that domain name.

    I've read all the things that the complainant has to do, but I can't find any information on how the actual process moves along, will ICANN (or the Provider that does the dispute) e-mail me asking for my version of the story ? Or will they just look at the filled out papers, make up their own idea of things and transfer / not transfer the domain ?

    I mean I really want to tell them that I DO legitimate business under that domain name and it is actually the same name that I have a registered company in, in my country !

    I need some knowledge here, please no vague presumptions.
     
  2. Taff_Man

    Taff_Man Junior Member

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    Well if your domain has an extra 's' then its not copyright I dont think.
     
  3. beatngu

    beatngu Registered Member

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    If you had registered your domain before the guy who claims it is his trademark then they can not do anything.
    Because when you registered there was no trademark,that came after you had registered your domain.
    They can not take your domain as long as you where first,and if you have evidence that you where first then no problem.
    But if this guy can prove he was first then they can take your domain.
     
  4. NX_NULL

    NX_NULL Regular Member Premium Member

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    wipo.int will take care of these disputes, That guy may reverse-hijack your domain.

    Depends on value of your website you can hire an Internet Lawyer to defends your case.

    If you read wipo previous cases you can find a little justice on their decision, usually the ones who has a lawyer and pay wipo fee ( around $5000) and talk in legal way win the case
     
  5. cryptons

    cryptons Jr. VIP Jr. VIP Premium Member

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    if u think that he has more probablity to win than just offer him a good amount for you and give him at high price or if he wins you will just get the transfer fees and nothing else!
     
  6. NX_NULL

    NX_NULL Regular Member Premium Member

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    They will use his offer against him in the dispute, and it will give him less chance to keep the domain
     
  7. diesel1

    diesel1 Senior Member

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    I need some knowledge here, please no vague presumptions.

    Only a lawyer specializing in ICANN disputes can give that to you...
     
  8. hans.kohler

    hans.kohler Newbie

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    Exactly what I was thinking, I have no intention to sell anyways as I'm doing legitimate business under my company name - which is the same name as my domain.

    The original question remains though: Once the dispute process goes along, will ICANN / the dispute provider E-Mail me about and give me a chance to tell my side of view ?
     
  9. diesel1

    diesel1 Senior Member

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    In my part of the world they contact you if they decide there are grounds for a hearing
     
  10. GreyKnight

    GreyKnight Regular Member

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    Have your company been registered officially? Prepare the papers for that, having that particular name is a strong point in argument too.
    What is weak from you is the trademark, though personally I think that not all company secures their trademark on company's name, usually we did trademark only on products on services.

    What type of company you are registering? Ltd.? They have different kind of rules too, you should check on that.
    The best option is to check your lawyer about that.

    Maybe tell us where you reside? That is different also. Every country has different law.
    One of the defenses I do when facing this is move my registrar to somewhere else (not in US/Europe/Australia, preferably in Asia) to make things more difficult to them.