[gnso-irtpd] Transfer Dispute Case Information

["Knight, Barbara" <BKnight@xxxxxxxxxxxx>]

All,
I have reviewed the data relating to the cases filed with Verisign since 
October 2009 and have addressed the questions posed by the WG to registry 
operators below.  Thanks.

Verisign cases filed:
Com:     142
Net:       12
Name:  0
Total:    154

Of the 154 cases, 109 were RFEs and 45 were ARSs.  If the registrars are able 
to resolve the dispute between themselves but just need assistance with 
reversing a transfer, they may file an Application for Reinstatement of 
Sponsorship, or ARS, with Verisign.  Upon receipt of agreement by both 
registrars that a domain name transfer should be reversed, Verisign will 
perform the 'transfer undo' process to return the domain name at issue to the 
losing registrar.  This allows the domain to be 'reinstated' with the agreed 
upon registrar without adding an additional year to the registration period.

The information provided below relates only to the RFEs that were filed.

Q:           What was the reason that the TDRP was requested?
A:           Note:  Data provided below is relating to the 59 cases for which 
Verisign rendered a decision.
Administrative contact authorized the transfer without knowledge of the 
registered name holder - 8 cases
               Payment for the domains was disputed - 3 cases
               Domain transferred without the original registrant's approval - 
2 cases
               Gaining registrar failed to provide FOA within 5 days of request 
- 2 cases
               Losing registrar failed to provide evidence relied on for denial 
of transfer when requested - 1 case
               Someone other than the Admin Contact or Registered Name Holder 
listed in the Losing Registrar's Whois record authorized the transfer - 37 cases
               Failure by gaining registrar to obtain express written consent 
of the transfer from the administrative contact or registered name holder - 5 
cases
               Other - 1 case


Q:           How many of the TDRP cases (first or second level) are due to an 
improper transfer and how many were because a transfer request was "nacked"?
A:           Improper transfer - 57
Transfer request inappropriately "nacked" - 2

Q:           Are there other reasons why TDRPs are requested?  If so, what are 
they?
A:           No.

Q:           Is there a way to get a count of the number of TDRPs requested 
directly by Registrants (and presumably denied)?
A:           Verisign does not track that information.

Q:           Is it possible to breakdown the statistics by which individual 
Registrars filed and defended TDRPs?
A:           Verisign has this information but we will not release information 
specific to the cases that have been filed beyond what is reported to ICANN 
each month in our Monthly Registry Operator Report.


If the decision was in the win/loss column - Total Cases = 59

Q:           What's the proportion of wins vs losses?
A:           Since there will be a win for every loss, I interpreted this to be 
asking how often did the filing registrar prevail or win.
               Filing Registrar Wins - 38
               Non-Filing Registrar Wins - 21

Q:           How many of these Registry decisions were eventually appealed to 
the 2nd level DRP?
A:           Two cases were appealed to a second level dispute resolution 
provider.

Q:           Is there any information as to the final disposition of these 
disputes -- eg UDRP, TDRP, arbitration, court case?
A:           The level 1 decision was upheld at second level.  We do not have 
any data that would suggest that the second level decision was appealed to the 
courts.

If the decision was "no decision" - Total 50 RFE Cases

Q:           What is the breakdown of reasons why that conclusion was reached?
A:           Not enough information from which to make a decision - 14 cases
               Rejected - Incomplete information - 31 cases
               Withdrawn:  5 cases

Q:           How many of the TDRP's filed were resolved by information process 
requiring no decision?
A:           I am not sure what is actually being asked in this case but we had 
one case that was conceded.  That case was counted in the decisions rendered 
data.

Q:           Were any such resolutions guided by Registry?
A:           No.

Q:           How many of these Registry decisions were eventually appealed to 
the 2nd level DRP?
A:           None.

Q:           Is there any information as to the final disposition of these 
disputes -- eg UDRP, TDRP, court case?
A:           Not applicable.




Barbara Knight
Director of Registry Compliance
bknight@xxxxxxxxxxxx

m: 703-622-1071 t: 703-948-3343
12061 Bluemont Way Reston, VA 20190

VerisignInc.com<http://www.verisigninc.com/>


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