Domain Names Transfers
August 24, 2009
Intellectual Property News and Interesting Facts
What are the results of the procedures, and are they binding?
A domain name is either transferred or the complaint is denied and the respondent keeps the domain name.
It is also possible to seek cancellation of the domain name.
There are no monetary damages applied in UDRP domain name disputes, and no injunctive relief is available.
The accredited domain name registrars – which have agreed to abide by the UDRP – implement a decision after a period of ten days, unless the decision is appealed in court in that time.
The panel decisions are mandatory in the sense that accredited registrars are bound to takethe necessary steps to enforce a decision, such as transferring the name concerned.
However, under the UDRP, either party retains the option to take the dispute to a court of competent jurisdiction for independent resolution.
In practice, this is a relatively rare occurrence.
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