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  1. #1
    Join Date
    Jun 2005
    Posts
    234

    Any offers from Complainant after winning UDRP ?

    If so, what happened ?

  2. #2
    Join Date
    Aug 2003
    Posts
    535
    It happens.

    I'm not sure I understand your question. Obviously, if an offer is acceptable, it is acceptable. If an offer is not acceptable, then it is not acceptable.

    The Complainant can still try a court action under the ACPA, or other applicable national law, so one might still want to take into account the value of disposing of a potential ongoing dispute.

  3. #3
    Join Date
    Jun 2005
    Posts
    234
    To clariify:
    After winning as the Respondent were there any offer inquiries from the Complainant?

    How frequent/rare is the case where the Complainant tries a court action under the ACPA after losing the UDRP?
    (any cited cases and links?)

  4. #4
    Join Date
    Feb 2003
    Posts
    147
    Sometimes a company will file a UDRP and when you respond to it ripping them to shreds, they get scared of losing arbitration and file a lawsuit to try to outspend you. Then, they run back to arbitration and proclaim: "Oh my God, there's federal litigation now! We should cancel the arbitration since the federal system trumps arbitration."

    Or...so I hear.

  5. #5
    Join Date
    Oct 2002
    Location
    Wisconsin
    Posts
    2,580
    that sounds pretty hypothetical, i dont think it would happen like that in real life.

  6. #6
    Join Date
    Feb 2003
    Posts
    147
    Originally posted by draqon
    that sounds pretty hypothetical, i dont think it would happen like that in real life.
    Yeah, stuff like that only happens in the movies...

  7. #7
    Join Date
    Jul 2006
    Posts
    25
    Losing a UDRP takes the wind out of the "trademark" holders sails and they lose the holier than thou attitude toward the domainer. Once they start shopping around on the open market for comparable domain names, they will reevaluate their earlier lowball offer.

    As for the litigation, that may happen, but most likely it is driven by their attorneys as much as by the client.

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