complain form vs AUDRP

[SEOconsultant]

So I got this email...

I am writing in regards to the domain XXXX.com.au (removed for you own sake - Paz) listed under your account.

We have received a request from auDA (the governing body of .au domains) to provide further information regarding the eligibility of the domain in accordance with the .au policy (http://www.auda.org.au/policies/auda-2008-05/).

They require a detailed description of how the domain (xxxx.com.au) relates to the business registration details associated to the domain. For example, is xxx.com.au a product or service you supply?

The more information you provide with regards to the domain, the better. Ultimately it is up to auDA as to whether the relationship is sufficient and although we will do all we can to retain ownership of the domain to you, we cannot make any guarantees, nor issue refund should the domain be removed.

We require response no later than 5pm on 19-Jan-2011. Should we not receive response there is a strong chance the domain will be removed automatically.

Please don’t hesitate to contact me if you have further queries.

So the domain name was canceled and removed. All good... now the "person that put the complain, claims it cost them over 5K in legal fees to submit the complain...

Let me ask you guys something

This sounds like a plain direct complain form instead of a "auDRP" case.
Therefor , if the domain name is canceled and there was no AuDRP invovled. then...

is there any future for a legal issue?

 

[Cooper Mills DomainLawyer]

hi
yes this is an auDA eligibility check it is NOT and auDRP. The auDRP is a more formalised process where you actually know who the complainant is and what their gripe is (you get a written complaint in a prescribed form), and you get an opportunity to respond in writing.

Unfortunately there are a lot of malicious complainants who abuse the auDA complaints system, and they are encouraged by the fact that you never find out who they are.

 

[SEOconsultant]

Thanks heaps.

Sorry if you don't mind asking a second question: so if the domain name was canceled just 14 days after registration by AUDA... without going to any auDRP

That means there is no legal ground anymore?

I mean... I don't own, or control the domain name...

thanks again

Gab