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Auda current proceedings PetInsurance.com.au

neddy

Top Contributor
Some good news regarding this dispute:

http://www.auda.org.au/pdf/LEADR-auDRP0311.pdf

Congrats to Erhan and respondent. I'm sure many others here are quite happy with the result aswell.

Great result. But I still fail to understand why the Complainant thought they had a case anyway? :confused:

They were never going to succeed on all "three limbs" (which is what a complainant has to do).

Interesting to see that a counter claim of "reverse hijacking" wasn't upheld. Worth a try though imho.
 

DomainNames

Top Contributor
Congrats but the respondant should be able to claim back their costs. AUDA needs to stop allowing complaints such as these to get into the system in the first place.

Its also apparent panelists in Australia need to more fully understand what " reverse domain hijacking is".... having some rights to a name does not mean the complaimant is automatically are not reverse domain name hijackers.

In Canada the respondant gets $5000 from the reverse domain name hijacker to help cover the winning respondants costs. We need the same policy in the audrp / Australia so people think twice about reality of winning their complaints and wasting everyones time and money.

http://www.dntrade.com.au/reverse-domain-name-highjacking-lets-t1836.html?t=1836&highlight=reverse


http://cira.ca/assets/Documents/CDRPpolicy.pdf

4.6 Bad Faith of Complainant. If the Registrant is successful, and the Registrant proves, on a balance of probabilities, that the Complaint was commenced by the Complainant for the purpose of attempting, unfairly and without colour of right, to cancel or obtain a transfer of any Registration which is the subject of the Proceeding, then the Panel may order the Complainant to pay to the Provider in trust for the Registrant an amount of up to five thousand dollars ($5000) to defray the costs incurred by the Registrant in preparing for, and filing material in the Proceeding. The Complainant will be ineligible to file another Complaint in respect of any Registration with any Provider until the amount owing is paid in full to the Provider.


Why should legit registrants have to spend their time and money defending every stupid complaint thats lodged? Its obvious in the case of PetInsurance.com.au the current owner is Legit and the previous owner stuffed up and never renewed. They should not have been allowed to make a complaint against the current registrant at all due to their own f up.

If you dont renew you lose the name after its deleted . Its black and white in Auda Policy. No use trying the complaints system to get it back from a new rightful owner
 
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DomainNames

Top Contributor
The complaint should not have been allowed to proceed. Auda clearly gives an example which is exactly the same. Auda even found time to write a Poem in their blog about such complaints! AUDA stuffed up by allowing the complaint to proceed and they need to stop allowing complaints such as these

http://blog.auda.org.au/category/auda-faqs/

"An important aspect of domain name registration is the upkeep of contact information – the most critical of these, is the registrant email address.

It is the method by which most domain name providers (registrars and resellers) attempt to contact registrants in order to send out renewal notices. Unfortunately, some registrants either forget, or neglect, to update their information once a change has occurred; and not all providers attempt to use alternate means to contact a registrant. As well, it is common practice for registrants to delegate responsibility for their domain name registration (in some cases without their knowledge or approval) to a third party to manage.

The loss of a domain name registration can have a significant impact on a registrant and if the domain name is of a generic nature, it is more likely to be taken by someone else as soon as it becomes available. And it is not always likely that the previous registrant is able to recover their domain name in such situations.

So, to avoid the situation of finding out that your domain name has expired or, even worse, been purged and registered by someone else, be vigilant in maintaining your domain name registration. Whenever your details change, contact your registrar or reseller and inform them of that fact. And double-check that the update has been performed, otherwise the following poem may be what ends up happening to you:

From auDA’s ‘Woe Is The Integrity Of .au Contact Information’, 2011.


The quality of contact information should not be treated with disdain.

For your name may droppeth as the gentle rain from heaven

Into the droplist where the opportune may then be blest;

It curses him that is idle and blesseth him that is watchful.

Though a complaint be thy plea, consider this,

That, in the course of investigation, none of us

Will see the past and only consider the present;

Should the current holder be eligible, and

Refuse salvation: do pray for mercy;

Which if thou follow, the court of auDA policy,

Must give judgment against the complainant."
 
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