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[nc-udrp] UDRP "No Contest" Response?



There have been a number of decisions like these:

------------------
http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0195.html
The Panel also decides that there is no necessity determining whether the
Respondent's domain name has been registered and is being used in good or bad
faith, because the Respondent has agreed in his Response to transfer the said
domain name.

http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0207.html
Because Respondent has consented to the relief requested by Complainant, it
is not necessary to review the facts supporting the claim.

http://arbiter.wipo.int/domains/decisions/html/2000/d2000-0319.html
In view of Respondent's "Statement of Non-Opposition" to transfer of the
domain name, the Panel orders that the contested domain name be transferred
to Complainant, consistent with the provisions of paragraph 8 of the Policy.
-----------------

I receive a lot of communications from confused domain registrants who (a)
registered a really dumb domain name and (b) had no idea what to do when they
received a UDRP complaint.  It is not immediately apparent to a lot of
respondents that they can agree to transfer a domain name to a complainant,
and that the complainant may then withdraw the complaint.  Of course, doing
so requires coordinating a dance of emails among the dispute resolution
provider, the parties, and the registrar, since the registrar is required to
keep the domain name locked during a UDRP proceeding.  Since few of the
esteemed panelists are planning to retire on the fees they collect from UDRP
proceeding, I wonder whether it makes sense to anyone else here (e.g. the
"complainant" representative) for there to be a procedural option to make it
easier for respondents who would just as soon transfer the domain name more
swiftly than would otherwise occur by waiting around for a panelist to order
it.

Since the point is to have a streamlined administrative procedure for
resolving domain name disputes, rather than to have some kind of legal
proceeding, it would seem to make sense for there to be an express way to do
that.

Believe it or not, there have been situations where a respondent has proposed
a voluntary transfer, but in which the complainant refused, in the apparent
belief that a UDRP decision was going to get them something other than a
transfer of the domain name:

http://www.arbforum.com/domains/decisions/102751.htm
The Panel is not able to impose sanctions as request by Complainant. [...]
Since the domain name <ftds.com> has already been transferred to Complainant
which is the relief requested, the case is dismissed.

Can anyone see a reason for maintaining a UDRP proceeding, or proceeding to a
panel decision, under circumstances where the Respondent desires to transfer
the domain name to the Complainant?





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