Have you ever heard of a TDRP?
Until yesterday I didn’t when I ran into the NameCheap.com case which decision is still pending which apparently denied NameCheap.com’s claim to 7 domain names that a US federal judge ordered transferred to them in January.
So unlike a UDRP which involves an alleged rights holder as the Complainant and a domain holder as the respondent a TDRP is an dispute between registrars arising from inter-registrar transfer of domain names.
The TDRP was approved by ICANN (the Internet Corporation for Assigned Names and Numbers) on July 12, 2004.
After I learned that the NameCheap.com case was a TDRP rather than a UDRP I searched the National Arbitration Forum’s (NAF) cases and found this Name Cheap case to be the only TDRP in their database. I do not see WIPO having any information on a TDRP on their site.
Here is some more info on the TDRP on the NAF’s site:
The Request for Enforcement
a. The Request for Enforcement must include all elements listed in Paragraph 3.1 of the Policy and may not exceed ten (10) pages.
b. In accordance with Paragraph 3.1.2(ix) of the Policy, the Filing Registrar must send or transmit its Request for Enforcement to the Respondent under cover of the Request for Enforcement Transmittal Cover Sheet posted on the Forum’s website.
c. The Request for Enforcement must be sent to the Forum by e-mail ([email protected]) in accordance with Paragraph 3.1.2 of the Policy.
d. The Request for Enforcement must designate whether the Filing Registrar elects to have the dispute decided by a single-member or a three-member Panel and, in the event the Filing Registrar elects a three-member Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider’s list of panelists).
5. The Response
a. The Response must include all elements listed in Paragraph 3.2 of the Policy and may not exceed ten (10) pages.
b. The Response must be sent to the Forum by e-mail ([email protected]).
c. If the Filing Registrar has elected a single-member Panel in the Request for Enforcement (see Paragraph 4(d)), the Response must state whether the Respondent elects instead to have the dispute decided by a three-member Panel. If either the Filing Registrar or the Respondent elects a three-member Panel, the Response must provide the names and contact details of three candidates to serve as one of the Panelists (these candidates may be drawn from any ICANN-approved Provider’s list of panelists).
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