This is nuts! I got sosu.com stolen at GoDaddy, and have been talking with them almost everyday and with the BBB. GoDaddy's response is that domains are like car titles. WTF! GoDaddy said I should file a complaint so I did. So for $1500 I can have one person hear my case, or for $4000 I can have three people hear my case. I have asked over and over for GoDaddy to ask how the thief ended up with my domain, but they won't. I asked GoDaddy to investigate my account being hacked, but they won't. I have been with GoDaddy for 10 years!
Latest email:
--------------
Dear Sir,
This is further to your email of April 4, 2008.
Please note that the WIPO Arbitration and Mediation Center does not deal with problems related to domain name registrations, which must be solved directly with the Registrar (= entity with which you have registered the domain name, which can be found on <!-- m --><a class="postlink" href="http://www.internic.net">http://www.internic.net</a><!-- m -->). We would recommend that you contact the Registrar directly in order to obtain information on this issue.
Our services are limited to the administration of disputes over the abusive registration and use of domain names that infringe third-parties' trademark rights under the Uniform Domain Name Dispute Resolution Policy (UDRP).
As an administrative alternative to court proceedings, the UDRP provides an efficient option for the resolution of disputes between a domain name registrant and a third party-trademark or service mark owner over the abusive registration and use of an Internet domain name.
The Uniform Domain Name Dispute Resolution Policy (UDRP) is solely intended to
resolve disputes between trademark owners and holders of domain names registered
and used in bad faith.
The UDRP procedure is applicable for every gTLD domain name
(ending in .com, .net, .org, etc) and those ccTLDs that have opted for the UDRP as
their dispute resolution policy. See list at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/cctld/index.html">http://arbiter.wipo.int/domains/cctld/index.html</a><!-- m -->
The UDRP Policy and Rules require that the complainant have rights in a
trademark or service mark and that mark be identical or similar to the
domain name at issue. Those rights can be in a mark that is registered
or protected under common law. It is up to the complainant to
demonstrate sufficient usage of the mark, where it is not registered, to
convince the fact-finder that a common law mark exists.
After the above hurdle is over-come, it will be necessary to demonstrate
that the registrant/respondent does not have rights or legitimate
interests in regards to the domain name. The final criteria that must be
demonstrated is that the registrant/respondent has registered the domain
name in bad faith and is also using it in bad faith.
With respect to the legal grounds of your case, we recommend you consult our Index of
WIPO UDRP Panel Decisions at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/cgi-bin/domains/search/legalindex?lang=eng">http://arbiter.wipo.int/cgi-bin/domains ... x?lang=eng</a><!-- m -->
as well as our WIPO Overview of WIPO Panel Views on Selected UDRP Questions
at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/search/overview/index.html">http://arbiter.wipo.int/domains/search/ ... index.html</a><!-- m -->
We also refer you to <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/gtld/udrp/index.html">http://arbiter.wipo.int/domains/gtld/udrp/index.html</a><!-- m -->
where you can find the Uniform Domain Name Dispute Resolution Policy,
Rules, and WIPO Supplemental Rules, as well as a Model Complaint and filing guidelines.
The Administrative Procedure normally should be completed within 45-60 days of the date the WIPO Center receives the Complaint. For a case filed with the WIPO Center involving
between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500.
For a case that is to be decided by 3 Panelists, the fee is USD4000.
Do not hesitate to contact us again, should you require further information concerning the UDRP procedure.
Please do not hesitate to contact us should you have any further question on the UDRP.
Sincerely,
WIPO Arbitration and Mediation Center
Latest email:
--------------
Dear Sir,
This is further to your email of April 4, 2008.
Please note that the WIPO Arbitration and Mediation Center does not deal with problems related to domain name registrations, which must be solved directly with the Registrar (= entity with which you have registered the domain name, which can be found on <!-- m --><a class="postlink" href="http://www.internic.net">http://www.internic.net</a><!-- m -->). We would recommend that you contact the Registrar directly in order to obtain information on this issue.
Our services are limited to the administration of disputes over the abusive registration and use of domain names that infringe third-parties' trademark rights under the Uniform Domain Name Dispute Resolution Policy (UDRP).
As an administrative alternative to court proceedings, the UDRP provides an efficient option for the resolution of disputes between a domain name registrant and a third party-trademark or service mark owner over the abusive registration and use of an Internet domain name.
The Uniform Domain Name Dispute Resolution Policy (UDRP) is solely intended to
resolve disputes between trademark owners and holders of domain names registered
and used in bad faith.
The UDRP procedure is applicable for every gTLD domain name
(ending in .com, .net, .org, etc) and those ccTLDs that have opted for the UDRP as
their dispute resolution policy. See list at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/cctld/index.html">http://arbiter.wipo.int/domains/cctld/index.html</a><!-- m -->
The UDRP Policy and Rules require that the complainant have rights in a
trademark or service mark and that mark be identical or similar to the
domain name at issue. Those rights can be in a mark that is registered
or protected under common law. It is up to the complainant to
demonstrate sufficient usage of the mark, where it is not registered, to
convince the fact-finder that a common law mark exists.
After the above hurdle is over-come, it will be necessary to demonstrate
that the registrant/respondent does not have rights or legitimate
interests in regards to the domain name. The final criteria that must be
demonstrated is that the registrant/respondent has registered the domain
name in bad faith and is also using it in bad faith.
With respect to the legal grounds of your case, we recommend you consult our Index of
WIPO UDRP Panel Decisions at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/cgi-bin/domains/search/legalindex?lang=eng">http://arbiter.wipo.int/cgi-bin/domains ... x?lang=eng</a><!-- m -->
as well as our WIPO Overview of WIPO Panel Views on Selected UDRP Questions
at <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/search/overview/index.html">http://arbiter.wipo.int/domains/search/ ... index.html</a><!-- m -->
We also refer you to <!-- m --><a class="postlink" href="http://arbiter.wipo.int/domains/gtld/udrp/index.html">http://arbiter.wipo.int/domains/gtld/udrp/index.html</a><!-- m -->
where you can find the Uniform Domain Name Dispute Resolution Policy,
Rules, and WIPO Supplemental Rules, as well as a Model Complaint and filing guidelines.
The Administrative Procedure normally should be completed within 45-60 days of the date the WIPO Center receives the Complaint. For a case filed with the WIPO Center involving
between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500.
For a case that is to be decided by 3 Panelists, the fee is USD4000.
Do not hesitate to contact us again, should you require further information concerning the UDRP procedure.
Please do not hesitate to contact us should you have any further question on the UDRP.
Sincerely,
WIPO Arbitration and Mediation Center