Posted on Jun 08 by admin.

What are the Domain Name Owner's Options After Losing a UDRP Arbitration?

If an administrative panel decides that a domain name registration should be canceled or transferred, ICANN will wait ten business days after being informed by the provider of the Administrative Panel's decision before ICANN implements the decision. If, during this ten day period, ICANN receives from the domain name owner official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that the domain name owner filed a lawsuit against the complainant, ICANN will not implement the decision. ICANN will then not take any further action, until it receives: (i) evidence satisfactory that the parties resolved the dispute; (ii) evidence satisfactory to it that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering that the domain name owner does not have the right to continue to use the domain name.

If a domain name owner loses a UDRP arbitration, ICANN will implement the decision (which is usually that the domain name be transferred to the complainant) unless the domain name owner provides evidence of a settlement agreement signed by the parties or the domain name owner files a lawsuit against the complainant seeking to establish that the domain name owner has rights to the domain name.

But isn't ten days to file a lawsuit far too short a period to challenge an adverse UDRP Decision? Absolutely. Any domain name owner who waits until receiving notice of an adverse UDRP decision will find it very difficult to locate an attorney to who will file a lawsuit to prevent the loss of the domain name with a deadline of ten days or less.

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