Domain Name Dispute vs Property Abandonment

[Mr_K]

We previously had a client that parted business with us. At that time we sent the client several ‘certified’ notices to provide their domain name account information in order to claim their domain name or face abandonment by a specific date. Unfortunately they did not. Now, they are demanding their domain name or face UDNR action. Naturally, we know that domain names are treated similar to common law trademarks, but what if they abandon their property? I spoke with a Rep at ICANN dispute resolution center and he agrees that a fine or penalty may be in order, among other things, but to what extent we do not know. Do you have any suggestions for dealing with this?

 

[davezan]

UDNR or UDRP?

Not an attorney, BTW. But I'm familiar with how these domain disputes go as one who's in
the business.

Of course, try to exhaust any and all means to resolve the issue before moving on to the
next level. If they say no and decide to file, then be ready to defend your rights to it.

Just remember that as long as: a) they can't demonstrate trademark rights, and b) you're
not infringing it (if they have one in the first place), then you have a chance. Those notices
you sent, along with any written agreement you possibly have with them, can work in your
favor.

As in you were really willing to transfer the domain name to them at no cost if they just
gave you their domain account information with their registrar? You're too nice.

 

[Mr_K]

We are basically of the mindset to charge a fine plus have them settle up their outstanding hosting debt for the issue to be resolved.