locking of a domain

[William Clarke <William@xxxxxxxxxxxxxxxxx>]

We are a specialised IP/ IT law firm, who deal directly with these disputes on 
a daily basis for clients (both registrars, registrants and sometimes the 
complainants). It is our experience that many issues arise in relation to the 
on-going use of a domain on foot of a UDRP. It would seem very practical, that 
where there is a UDRP in place, then there should be formal SPECIFIC rules 
governing the lock down of domains. This will benefit both the registrar and 
the registrant in that it gives clarity to everyone's position. The danger (at 
present) with this situation, is that liability could accrue for the registrar 
on foot of a lock down due to lost business or damages from the Registrant. 
Even though the lockdown would allow proper investigation, it may still cause 
damage, and where a registrant is successful in defending a claim, then the 
lockdown could be seen as 'a step too far', or something done in haste. The 
current procedure restricts Registrars greatly, in that it does not allow 
proper time to investigate matters, and it leaves any action which they carry 
out, open to attack from all parties.

It is my opinion there should be a confirmed time frame after a UDRP has been 
made and receipted by the UDRP nominated body (WIPO, NAF, etc). For clarity, 
the following should be provided to allow for a domain lockdown:


1.       The actual written  complaint,

2.       The Registrants receipt of the claim,

3.       The UDRP nominated bodies receipt of the claim.

Once the above are received by the Registrar, then this will allow lockdown of 
a domain. The time frame for lockdown runs from the date of receipt of all 
these documents, and will allow lockdown for up to 48 hours. In this time, no 
movement of the domain can take place by any party. Once locked down, the 
domain can remain off line for a further specific period (somewhere in the 
region of 48 hours) to allow a full review of the matter. This time frame can 
be extended where the circumstances warrant same.

The definition of a locked domain should be included. Again clarity and 
simplicity is the key to this definition. It should also make reference to the 
fact that the domain will not be altered in any way in this lockdown process. 
This will again assist in safeguarding all concerned parties rights. The 
information for the domain should only be changed on foot of a an actual 
decision. Many thanks for the opportunity to assist in this process.

William Clarke is a specialised internet law solicitor and Partner in Clarke 
Jeffers Solicitors

William Clarke
Partner
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Clarke Jeffers & Co
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