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[gnso-sti] Question for IRT members

  • To: GNSO STI <gnso-sti@xxxxxxxxx>
  • Subject: [gnso-sti] Question for IRT members
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Sun, 15 Nov 2009 21:53:27 -0500

After listening to last week's URS teleconference, based on what Mark 
said about replies filed after a default, I went back an reread the 
appropriate section of the IRT report.
The section (in part) says:

Should a Registrant find their domain name has been taken down after the fourteen (14)-day Answer period has passed and wishes to file a legitimate Answer to the Complainant, the Registrant may file a Default Answer to the third-party dispute provider at any time during the life of the domain name registration.
To file a Default Answer, the Registrant must fill in a form Request 
for Default Answer and submit it to the third-party dispute provider 
for examination. [additional text omitted]
Upon the successful filing of a Default Answer the domain name 
takedown will be immediately revoked and the domain name may resolve 
pending the outcome of the Examiner's examination.
I presume that this means that if filed prior to a decision being 
rendered in favour of the Complainant, the Examiner will factor in 
the Default Answer in his/her decision. If the Default Answer is 
filed after the Examiner has already rendered a decision in favour of 
the Complainant, this implies that the Examiner (the same one or 
possibly a different one since some time may have elapsed) will 
perform a second examination taking into account the contents of the 
Default Answer.
Is this correct?

Alan








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