Force domain transfer

[findtim]

I have a client ( lets call them "client" ) that had a sudo partnership with a company ( lets call then " nnn " ) that's gone pear shaped BIG TIME.

end result my client has come out the winner but nnn owns and holds the domain name and wants client to pay them for the past dev of the domain build, no big deal as I can recreate it in a day as its basic but we would like them to just hand over the domain name,

client now holds the trademark which is exactly the domain name .com.au, but no access to the auth codes for the domain name.

do we really have to go to the auda for this? shouldn't the current lawyers be able to get it solved?

tim

 

[brettf]

The trademark is irrelevant, it's just one mechanism for eligibility. So assuming "nnn" is eligible to hold the domain and they are the current owner, your three options are:

1) auDRP - I can't recall the current cost $2,000 or so. You have to prove amongst other things the domain was originally registered in bad faith, and I'd say you are 1,000,000:1 or worse in doing that.

2) Go to court let the lawyers figure it out. Depending on much they want the domain will depend on how much you spend, but if you have your day in court, don't expect to be less than $10,000 out of pocket.

3) Enter a commercial arrangement to buy the name. And do a standard transaction.

All auDA can look at, is, does the current registrant meet eligibility. Yes/No. If yes they'll tell you the same 3 options above.

Personally I pretty much unless it's a very clear case of bad faith registration / squatting will always recommend a mutually agreeable commercial transaction.