From Marika:

 

  • Draft recommendation #4: WG may want to clarify that 'confirm' is to the UDRP Provider
  • Draft recommendation #4: Would it be helpful to clarify what 'verification' means? What information is requested? Is there a standard template that the registrar can expect to receive? If so, would it be helpful to include it or link to it?
  • Draft recommendation #4: the UDRP does not mention the verification process. Including a reference / definition of the verification process would help clarifying that registrars would need to comply with the verification process, if that is the objective of the WG.
  • Draft recommendation #5: There would be some gap in time between when the registrar lock is applied and when the registrant is notified of the complaint. Any reason the registrant shouldn't be notified as soon as the lock is applied? Otherwise the registrant might notice a mysterious lock on the domain name registration without any apparent reason.
  • Draft recommendation #5: Further clarification may be needed: is the notification 3 days after the provider deems the complaint to be compliant, or is the notification of commencement three days after forwarding the complaint, or is the commencement supposed to happen within 3 days after forwarding the complaint.

 

From ICANN Compliance:

 

Thank you for seeking the Compliance team’s opinion regarding the definition of ‘pending’ in the context of the UDRP.   While Compliance may have informally provided guidance to NAF and others in the past regarding our interpretation of the term ‘pending’, we are also interested in contract clarity and do not wish to go on record as providing an authoritative definition of this term.   We concur with the community that this term is ambiguous and we are pleased that efforts are underway to clarify the term.

 

Be advised that the word ‘pending’ appears five times in the UDRP (See paragraphs 4(f) and 8(a) and (b) – I pasted the relevant paragraphs below for your convenience).    

The definition for ‘pending’ referenced in the transcript below, “ from the moment the complaint has been filed ”, could work in the UDRP text at paragraphs 4(f), 8(a)(i) and the first sentence in 8(b), because those references to ‘pending’ are clearly referring to the UDRP process.   However, the aforementioned definition of ‘pending’ does not work in paragraph 8(a)(ii) and the second sentence in 8(b) where the text refers to a ‘pending’ court proceeding or ‘pending’ court action or arbitration.   As you probably know, a court action or proceeding can be initiated by way of a motion and therefore the definition “ from the moment the complaint has been filed” does not work in terms of describing ‘pending’ court actions or proceedings. Thus, any definition proposed must be broad enough to accurately define the word ‘pending’ everywhere it appears in the UDRP.  

EXCERPTS FROM THE UDRP

4.f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

8. Transfers During a Dispute .

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

 

From David Roche Turner:

 

in part to address the concluding comment from the compliance team regarding breadth, if would go further down the definitional route within the WG, perhaps we could consider a working definition along the lines of “from the moment a UDRP complaint, or relevant document initiating a court proceeding or arbitration, regarding your domain name, has been filed, as the case may be.”