Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law. You can find out more about protecting your domain name, UDRP arbitrations and anti-cybersquatting laws at Traverse Legal’s domain name theft and trademark infringement domain dispute blog.
After you have filed a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name, you may think that your work is finished. However, rarely does everything automatically fall into place and, more often than not, there is still work that needs to be done.
Under the domain name dispute policy, more specifically UDRP Policy Paragraph 4(K), it states that the registrar is required to implement the Panel’s decision 10 (ten) business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives information from the domain name registrant (Respondent) in that 10-day period that it is challenging.
Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you:
* Establish an account for the domain name
* Ensure the registrar updates the domain name servers (DNS)
* Ensure the registrar provides you with an Authorization Code so that you can initiate the transfer of the registrar and modify the contact information
* Initiate a request for the transfer of registrar using the Authorization Code
o Note: most registrars have an automated process that requires confirmation from the Admin-C contact on the account.
* Ensure the registrar updates the WHOIS database for the domain name to include your information for the Admin/Technical/Billing contact.
There are many things that can be done if you find yourself a victim of domain name theft, and emerging victorious from a cybersquatting case is key. However, simply winning the arbitration is oftentimes not enough to ensure that your domain name is transferred back to you. If you want to ensure that your domain name transfer process goes smoothly once you have finished the arbitration it may require experienced cybersquatting lawyers to get the domain name back for you. This involves working with your IT person and the registrar, both new and old, to ensure the cybersquatting Panel’s decision is implemented.
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