Michalsons Attorneys

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I want that domain name

People often ask us the following questions:

1. What approach or course of action do you recommend we follow in an attempt to get the registrant of a domain name to transfer it to us?
2. What are my chances or what is the likelihood of success?
3. What will it cost me?

This seems to be the case because quite a few people have been successful in obtaining transfer of domains using various different methods (such as the Alternative Dispute Resolution Regulations for <.co.za> domains).  Other people are therefore hopeful they can do the same.

Answering these questions is often harder than it appears.  We hope you weren’t expecting an easy answer.

We understand that people want to know what they are in for before they start trying to get the registrant of a domain name to transfer it to them.  They want a clear understanding of how to approach it and what each approach involves, including how long it will take and what it will cost.  Dispute resolution processes are often lengthy and costly and consume a lot of time.  There is nothing worse than feeling out of control when you are stuck in a process that you cannot pull out of, the costs are mounting, and you have no guarantee that you are going to be successful.  You don’t want to embark on such a process, without knowing that you have a reasonable chance of success.  You don’t want to chase something you can’t get.  Otherwise you can end up with egg on your face.

The questions often relate to more than one domain name.  The domain names are often a mixture of generic top level domains (”gTLD”) and country code top level domains (”ccTLD”).  The most important gTLDs are <.com>, <.net>, <.org>, <.info> and <.mobi>.  Examples of ccTLDs are <.co.za> and <.uk>.

Sometimes the domains are being actively used by the registrant and sometimes they are simply parked domains.

Disputes relating to domain names are resolved according to different policies and procedures.  It depends on

Similar Posts:

• Domain Name Services
• Possible approaches to resolving domain disputes
• Reducing legal costs in domain name disputes
• Estimated costs of resolving domain disputes
• Information relevant to a <.za> domain dispute