Email from WIPO - help to understand needed

by motley
16 replies
Fellow warriors,

I have received this email from WIPO today, but my lack English skills don't allow me to understand it right. They call me "Complainant", but I have never complain to anything. Please, help me to understand what they want and advise what I should do.

This email was sent from Domain.Disputes@wipo.int to (Lawyer's email), cc to whois@fastdomain.com and to me.

The text is below:
Re: Case No. D2011-1722
<victozaweightloss.com>
Notice of Change in Registrant Information

Dear Complainant,

Further to our Acknowledgment of Receipt of Complaint, please be advised of the following:

The registrant of the disputed domain name in the above referenced proceeding has been identified by the concerned Registrar, FastDomain, Inc., as being different to the entity named in the Complaint as Respondent. The registrant information we have received from the Registrar is as follows:

>> My address is here <<

Please be advised that this invitation is not being issued by the Center as a formal deficiency under the Rules for Uniform Domain Name Dispute Resolution Policy (Rules), and that (although the Center generally recommends such amendment, as indicated also at the end of this email) you are not being (formally) required as such by the Center to file an amendment to the Complaint (or an Amended Complaint) in light of the same in order to proceed with the Complaint as filed.

If you choose not to accept this invitation to file an amendment to the Complaint (or Amended Complaint), we would ask that you confirm your election to proceed with your Complaint without amendment by October 22, 2011, on the basis that any resultant (or related) issues of proper Respondent identity would in any case need to be considered at the discretion of the (to be) appointed panel in due course.

If you should choose to accept the invitation and file an amendment to the Complaint (or an Amended Complaint) in light of the provided information, we would ask that you do so by October 22, 2011.

If you so choose to amend the Complaint, with a view to notification of the Complaint and implementation of any Decision under the Policy and Rules, we suggest that any such amendment should at a minimum contain the additional information which has been provided by the Registrar (as provided above). While such amendment is commonly made by the simple addition of the newly identified registrant to the Complaint (i.e., in addition to the original named Respondent), any final determination as to the proper identity of the Respondent(s) will be at the sole discretion of the Panel to be appointed in this case.

We note also that any such amendment may have consequences for mutual jurisdiction and communications, and that the corresponding mutual jurisdiction and communications paragraphs of the Complaint may need to be addressed in any such amendment to the Complaint. You may also consider amending the facts and arguments in the Complaint in light of the above. Any submission by you to the Center as a result of this notice must be signed and should be copied to the Respondent(s) as named therein and the concerned Registrar.

Any such amendment to the Complaint (or Amended Complaint) shall be submitted to the Center electronically (e.g., by signed PDF using the email address: domain.disputes@wipo.int).

Any such submission should be made to the Center by October 22, 2011.

Should the Center not receive any such amendment (or alternately, your confirmation that you elect not to file an amendment) by October 22, 2011, we will proceed to formal Complaint Notification on the assumption that you chose not to make an amendment to the Complaint in light of this notice. For avoidance of doubt regarding the Center's notification obligations under the Policy and Rules and to preserve the Panel's discretion (on appointment) to consider any Respondent identity issues, the Center will nevertheless provide a copy of the Complaint both to the Respondent as currently named in the Complaint, and to the registrant contact details subsequently disclosed by the Registrar.

To the extent that the Center's recommendation would be sought in this regard, it would be (if only to avoid potential decision implementation issues) to amend the Complaint in light of the disclosed information. While the decision to amend (or not) is at the discretion of the Complainant at this stage of the proceedings, we would note that it is also within an appointed Panel's discretion to require such amendment (and/or further procedural steps) at a later stage, or to take such other steps (including at the level of any issued decision as it may consider appropriate in light of any determination it may make regarding proper Respondent identity.)

If you have any questions and would like to discuss any of the above, please do not hesitate to contact us.

Sincerely,

Valeria Anchini
Case Manager
WIPO Arbitration and Mediation Center
I didn't do anything yet, because I have to understand what all this mean. Could you explain me in plain English what it is?

Thanks in advance.
#email #needed #understand #wipo
  • Profile picture of the author Dan C. Rinnert
    Well, it sounds like the actual complainant provided them with the wrong information as to the respondent, which is you. Though why you received that message, which appears to be directed to the complainant, I don't know. Was it CC'd to you, perhaps?

    I am guessing that victozaweightloss.com is your domain name? If so, there's your problem right there. Victoza is a registered trademark for a weight loss product, so you are very likely infringing upon their mark by registering victozaweightloss.com.

    Their complaint is probably an effort to get the domain name from you.

    However, I am not a lawyer and you would be well advised at this point to speak to one.
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  • Profile picture of the author Istvan Horvath
    the Center will nevertheless provide a copy of the Complaint both to the Respondent as currently named in the Complaint, and to the registrant contact details subsequently disclosed by the Registrar.
    Actually, you are the entity named in bold letters above.

    Not being a native English speaker and/or a lawyer... here is what I understood:

    Somebody filed a complaint with WIPO about the domain name in question and they named somebody else as the owner of the domain.

    The registrar (fastdomain) gave WIPO the correct info, naming YOU as the domain owner.

    WIPO sent this mail to the original "complianant" telling them:
    a) the owner is not what was in their complaint
    b) offer the chance to "amend" = change/modify their compaint with the new info
    c) or do nothing

    Finally, the WIPO sent a copy (cc) to everybody:
    - the complainant
    - the owner named in their files
    - the owner identified by the registrar (=you)
    Signature

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    • Profile picture of the author motley
      Originally Posted by Dan C. Rinnert View Post

      Well, it sounds like the actual complainant provided them with the wrong information as to the respondent, which is you. Though why you received that message, which appears to be directed to the complainant, I don't know. Was it CC'd to you, perhaps?

      I am guessing that victozaweightloss.com is your domain name? If so, there's your problem right there. Victoza is a registered trademark for a weight loss product, so you are very likely infringing upon their mark by registering victozaweightloss.com.

      Their complaint is probably an effort to get the domain name from you.

      However, I am not a lawyer and you would be well advised at this point to speak to one.
      Yes, victozaweightloss.com is my domain, which I was suggested to purchase when I ordered a micro niche sites pack.

      This email was CC'd to me.

      Originally Posted by Istvan Horvath View Post

      Actually, you are the entity named in bold letters above.

      Not being a native English speaker and/or a lawyer... here is what I understood:

      Somebody filed a complaint with WIPO about the domain name in question and they named somebody else as the owner of the domain.

      The registrar (fastdomain) gave WIPO the correct info, naming YOU as the domain owner.

      WIPO sent this mail to the original "complianant" telling them:
      a) the owner is not what was in their complaint
      b) offer the chance to "amend" = change/modify their compaint with the new info
      c) or do nothing

      Finally, the WIPO sent a copy (cc) to everybody:
      - the complainant
      - the owner named in their files
      - the owner identified by the registrar (=you)
      Thank you, it's clearer now. I still confused what I should do. Does it mean that I'm in trouble? Should I remove the site or the domain?
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  • Profile picture of the author kindsvater
    A legal claim is being filed against you to seize your domain for trademark infringement.

    If you do not intend to contest the issue you may want to contact the trademark owner about transferring the domain. It may help avoid a lawsuit for damages.

    .
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    • Profile picture of the author motley
      Originally Posted by kindsvater View Post

      A legal claim is being filed against you to seize your domain for trademark infringement.

      If you do not intend to contest the issue you may want to contact the trademark owner about transferring the domain. It may help avoid a lawsuit for damages.

      .
      Thank you. I'll try to contact them. But how to find the trademark owner? They don't have an ordinary email address, but I don't speak English to call
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      • Profile picture of the author kindsvater
        Originally Posted by motley View Post

        But how to find the trademark owner?
        - There was an email address you were cc'd on.

        - There is the WIPO claims administrator who will have their information.

        .
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        • Profile picture of the author motley
          Originally Posted by kindsvater View Post

          - There was an email address you were cc'd on.

          - There is the WIPO claims administrator who will have their information.

          .
          I sent email to the WIPO claims administrator and to the company-trademark owner with an offer to transfer the domain to them.

          The email address I was cc'd on is an address of a Danish lawyer who, I guess, wants to earn some money on this case. He never contacted me. I don't think I should contact him first. Or I should?
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  • Profile picture of the author motley
    Update. Last two days I communicated with a lawyer of the trademark owner. he stopped this case. Today I received this email from WIPO:
    Dear Sirs,

    We refer to the communication received on October 19, 2011, from (Name of the Lawyer), the Complainant's authorized representative, requesting suspension of the proceedings.

    The Center hereby confirms that the Center shall not proceed in this case until November 3, 2011. Upon the expiry of this date, the Complaint may be deemed automatically withdrawn, unless the Center receives a signed request (copied to the Respondent) from the Complainant (via e-mail to domain.disputes@wipo.int) to proceed in this case. In such event, all time periods will be calculated from the re-institution date.
    Again, I'd like to be sure I understand correct. Does mentioned above mean that I may be billed for this legal process?
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  • Profile picture of the author Istvan Horvath
    Does mentioned above mean that I may be billed for this legal process?
    I don't see anything like that in the text you pasted here.

    Where did you see anything about being billed?
    Signature

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    • Profile picture of the author motley
      Originally Posted by Istvan Horvath View Post

      I don't see anything like that in the text you pasted here.

      Where did you see anything about being billed?
      Thank you Istvan for your interest to this topic. Now, I don't see anything like that too I didn't translate whole sentence, but saw the "withdrawn" and "calculated" only I'm working hard to improve my English skills, but I still is a beginner
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  • Profile picture of the author Istvan Horvath
    Aha...

    Actually, the complaint will be considered "withdrawn" = take back, not happened

    "calculated" - the time would be calculated (re-calculated).
    Signature

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    • Profile picture of the author motley
      Originally Posted by Istvan Horvath View Post

      Aha...

      Actually, the complaint will be considered "withdrawn" = take back, not happened

      "calculated" - the time would be calculated (re-calculated).
      That's right, but on my day job we calculate the time to know how much we have to charge from a customer Time = money
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  • Profile picture of the author Dewedar
    I've received the identical email just 2 days ago and i've googled it today found this post, could you please help me with your experience about this WIPO cases?
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    • Profile picture of the author davezan
      Originally Posted by Dewedar View Post

      I've received the identical email just 2 days ago and i've googled it today found this post, could you please help me with your experience about this WIPO cases?
      As the thread above indicated, that means someone filed a trademark dispute to
      either grab or cancel your domain registration. Depending on your circumstances
      itself, especially if you really want to defend your domain against them, you best
      talk to a lawyer who specializes in these things.
      Signature

      David

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    • Profile picture of the author motley
      Originally Posted by Dewedar View Post

      I've received the identical email just 2 days ago and i've googled it today found this post, could you please help me with your experience about this WIPO cases?
      I have already transferred this domain to the trademark owner. I didn't want to discuss with the lawyers. The domain is just $8 and I know that this is my responsibility to check whether the domain includes a trademark in it or not. I collaborated with the trademark owner and just did things I had to. The only one thing I'm still afraid for - will I receive any bill for this legal issue or wont. I hope I wont.
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      • Profile picture of the author Dewedar
        Originally Posted by motley View Post

        I have already transferred this domain to the trademark owner. I didn't want to discuss with the lawyers. The domain is just $8 and I know that this is my responsibility to check whether the domain includes a trademark in it or not. I collaborated with the trademark owner and just did things I had to. The only one thing I'm still afraid for - will I receive any bill for this legal issue or wont. I hope I wont.

        Thanks very much, well about the bill, i am sure they will cede the case because you've already transfered the domain to them, you are not supposed to pay anything. you can easily say i never had this domain name as they already own it now they'r disputing themselves .

        anyway about my case , the trademark owner's lawyer sent me an email asking me to transfer the domain name, i've a hope and i feel that WIPO will just for me, though i don't want any problem however my Infos are fake and my registration payment done via unsigned virtual credit card. but i think i'll transfer it too.

        Thanks again for the help
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