How do .com proceedings, if the dispute parties are from different countries?

Started by zoesmith01, Aug 21, 2022, 04:00 AM

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zoesmith01Topic starter

How do .com domain proceedings take place if the dispute  parties are from different countries?


Help me to understand the following question.

Have a domain
%word1%%word2%%word3%.com
all words are common English
it is 3 years old and all this time there is a project on which all these 3 years have been working and promoting
the domain name belongs to an individual, physical. person from France

We received a letter from an American law firm saying that their client has a trademark
%word1%%word2%
and we violate their rights.
the company there is far from world famous, something small in general.
When registering our domain name, we naturally did not know about such a company.

Both projects can be attributed to the advertising sphere, but ours is aimed at working with webmasters / freelancers, theirs is something larger, well, maybe connected with TV there and so on. generally, the clientele does not intersect 100%, that is, we could not beat off a single client from them, since we would have nothing to offer them.

It is worth noting that there is a trademark %word1% and a trademark %word2%. Logically, one of them could also make claims against the company %word1%%word2%.


At the moment they are just asking for our address, we haven't replied to them yet. If the letter is ignored, they threaten to go to court.


I really want to understand two questions:
1. How likely is it that the domain name will be taken away from us?
2. How can that trial take place at all? that is, they cannot appoint a court, knowing that the owner will not appear at it due to the fact that he lives overseas? I read about the UDRP - it seems clear with this, but they wrote about the court there. is it possible? and generally, in addition to these two options (UDRP and court), there are no more options for taking away a domain? I would just like to understand all possible ways of developing that situation.
  •  

sanjana

As far as I understood from communication with the American lawyers, if the defendant or his representative does not appear in court, then the defendant will eventually be awarded a technical defeat, with all the consequences .. they eat it. enjoy

Solution - if the project is expensive, then you need to hire a lawyer at the venue of the court. That can be done via the Internet, never setting foot on American soil.

It is my understanding that prior to the start of the trial they will be required to take steps to notify the other party of the time and place of the hearing.
Then butting until you get bored (until the money runs out) .
  •  

WAO

The court does not care at all about decision of the UDRP. The UDRP is a dispute resolution procedure created by ICANN. It has nothing to do with the laws of any country. When registering domain on the registrar's website, you agree that disputes over domains occur in accordance with the UDRP (does not apply to all domain zones, UDRP does not apply to .fr).
The court will simply oblige the registrar to transfer the domain name to the plaintiff if he wins the court.
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