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Comments to UDRP
The UDRP really socks it to the domain name holder. Two provisions should be changed immediately:
(1) The provision which gives the domain name holder only 20 days to respond to the complaint. Many domain names are registered to individuals outside the United States. Considering language differences and cultural norms, it appears reasonable to give a respondent residing outside the United States additional time to answer the complaint.
(2) The provision under which ICANN will only wait 10 business days before implementing the decision of the Panel. 10 business days is simply insufficient for a respondent to decide whether to hire a lawyer and file a complaint. ICANN should give respondent more time in which to file a complaint before actually terminating ownership of the domain name. This is especially true since the administrative process is not an "in-person process." [If more time is not given to domain name holders before there domain name is taken from them, it appears that if some type of "due process" violation argument (especially if no hearing) or "unconstitutional taking" argument will be available to aggreived respondents.
I hope ICANN takes these comments seriously and makes the changes I request. If not, anticipate many law suits.
Sincerely, Mark Leventhal, Esquire