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Because Respondent did not submit a Response (UDRP)

Discussion in 'Domain Name Disputes' started by texidriver, Jun 28, 2006.

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  1. texidriver

    texidriver Active Member

    Feb 2005
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    "2 Because Respondent did not submit a Response, the Panel has carefully reviewed the record to ensure that the Center has discharged its obligation to notify Respondent of the Complaint

    If the Panel were inclined to rule for Complainant, renotification might be appropriate to ensure that Respondent had a fair opportunity to defend its registration and use of the Domain Name, see, e.g., Nicole Kidman v. John Zuccarini, WIPO Case No. D2000-1415 (Jan. 23, 2001), but since the Panel is ruling for Respondent, due process does not require any additional notifications in this case."

    "Because of the secretarial error in this case, the Panel cannot be sure that the Center has employed "reasonably available means calculated to achieve actual notice to Respondent." In addition to providing notice by courier, the Center also attempted to provide the Respondent with notice by email and fax. Unfortunately, those attempts were unsuccessful because the email address and fax number provided on Respondent’s WHOIS information for both domain names appear to have been incorrect. To the extent Respondent has not received actual notice, it is, thus, in part, his own fault. Nevertheless, to ensure full compliance with the Rules and to provide Respondent with a fair opportunity to participate in this proceeding, Rule 10(b), the Panel hereby directs the Center to send a copy of this Order to the Respondent by Federal Express or other recognized courier service to the street address provided in the WHOIS information ("xxxxxx"), along with a copy of the Notification of Complaint, Complaint, Amended Complaint, Notification of Default, and Notification of Appointment of Administrative Panel. The Respondent shall thereafter have 20 days (calculated from the Date the packet is sent by the Center) to submit a Response. In the event the Respondent elects to submit a Response within that time, he shall state whether he received prior notice of the dispute and, if so, provide full details concerning his receipt of all prior notice and his reasons for not earlier submitting a Response."

    See it's not hard to use common sense.
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    Last edited: Jun 28, 2006
  2. Domain Forum

    Acorn Domains Elite Member

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