Settling a UDRP: a guide to provider practices

29 July 2010

Fionn O'Raghallaigh, London

A recent UDRP decision has highlighted the different practices providers have when cases settle before a panel is appointed. Managing Internet IP examines each provider’s policy

In the National Arbitration Forum (NAF) decision RE/MAX, LLC v Pat Newton Properties c/o Patrick Newton, panellist David H Bernstein declined the respondent’s request to forego the arbitration and decided to issue a full decision. This was partly the result of a request from the complainant and partly because of the respondent’s persistent registration of domains containing trade marks.

Bernstein used the opportunity to highlight the differing practices between WIPO and the NAF when it comes to settlements between parties involved in a UDRP filing before a panel is appointed: WIPO refunds a substantial part of the fee while the NAF retains the...



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