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Using the UDRP, when a registrar owns the domain
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"I understand what "pool.com" says they do, and some of what they actually do. It looks like what they actually do is that they have an arrangement with a registrar to allow them to register names without providing registrant data. This would appear to violate the ICANN Registrar Agreement, section 3.7."
Oh, really?
Please quote to me the provision of RAA 3.7 which establishes the time period between registration and the provision of whois data? A rule can say "X shall do Y", but reading into that rule something to effect of "X shall do Y instantaneously" is going beyond the general requirement of reasonableness in the interpretation of rules.
(aside from the begged question of who made you a party to enforcement of the RAA - even ICANN doesn't enforce it, and they sign it)
Just wait a couple of days, the registrant data will be stuffed, and you can fire your jets. I question your supply of jet fuel, considering that you were perfectly happy to allow someone else to have registered the domain name prior to the period it dropped (the other alternative being that you have nobody but yourself to blame if *you* were the prior registrant and didn't pay your bill).
Looking at your original assertion that "trademark = sure win", it is clear you have not thought deeply into the element of bad faith intent. What motivated the registrar to register the domain name? Correct Answer: an order from a customer to register the domain name. Incorrect Answer: a knowing bad faith intent on the part of the registrar to go after your trademark.
Your implicit assertion that the registration was necessarily motivated by your trademark is demonstrably false, given the manner in which Pool registrar partners register domain names - i.e. customers submit orders, Pool generates the target list, the registrars go after the targets on the list. The Pool partners do not sit around saying, "Hmmmm... I wonder what trademarks, among the 10,000 domain names dropping daily, we can go after next Tuesday." I sincerely doubt that a conscious human agency is even necessary at the registrar end to run this process. So where is the bad faith coming from at the registrar end?
I also hope you are not billing a client for going off half-cocked here.
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Re:You Don't Understand Pool.com
by jberryhill
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Thank you, John. I was hoping you'd respond to this one. :)
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[ Reply to This | Parent
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Please quote to me the provision of RAA 3.7 which establishes the time period between registration and the provision of whois data?
3.3.1 At its expense, Registrar shall provide an interactive web page and a port 43 Whois service providing free public query-based access to up-to-date (i.e., updated at least daily) data concerning all active Registered Names sponsored by Registrar for each TLD in which it is accredited.
That seems to cover it.
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