A disclaimer on a domain offer page could help you defend against a UDRP.
There was a panel on domain name law and the UDRP during last week’s TRAFFIC conference.
Bill Sweetman of Name Ninja provided some tips on how to mitigate the risk of losing a domain in a UDRP. One suggestion was to add a disclaimer to a domain offer page that says the submitter claims no legal right to the domain it’s making an offer on.
Nat Cohen of Telepathy was also on the panel.
Fast forward a few days and there’s a UDRP case involving Nat Cohen in which he put up that exact defense: that the complainant had expressly agreed to it had no legal right to the domain when it submitted two offers for it.
Here’s part of Telepathy’s defense for LGG.com:
In both cases the Complainant disclaimed legal rights to the Disputed Domain by confirming the following statement that accompanied both offers:
“By submitting this offer, I confirm that neither I, nor my organization, claims a legal right to the registration of the domain listed above. If I am inquiring on behalf of another entity, I confirm that this entity does not claim a legal right to the registration of the domain listed above and that I am authorized by such entity to make this representation.”
The offers were made on SecuredOffers.com.
Now, there were a lot of reasons Telepathy successfully defended the LGG.com domain name. The case was a joke.
But in a more marginal case, this disclaimer may have been helpful. That said, I haven’t seen a UDRP panel make a ruling based on such a disclaimer. I have no idea what sort of legal weight it carries.
It should be common sense to a panel that if a company offers $10,000 for a domain name, it must feel that the domain owner has rights to it. But common sense doesn’t always prevail.
What do you think? Could a disclaimer like this be helpful?