All,
I have reviewed the data relating to the cases filed with Verisign since October 2009 and have addressed the questions posed by the WG to registry operators below. Thanks.
Verisign cases filed:
Com: 142
Net: 12
Name: 0
Total: 154
Of the 154 cases, 109 were RFEs and 45 were ARSs. If the registrars are able to resolve the dispute between themselves but just need assistance with reversing a transfer, they may file an Application for Reinstatement of Sponsorship, or ARS, with Verisign. Upon receipt of agreement by both registrars that a domain name transfer should be reversed, Verisign will perform the ‘transfer undo’ process to return the domain name at issue to the losing registrar. This allows the domain to be ‘reinstated’ with the agreed upon registrar without adding an additional year to the registration period.
The information provided below relates only to the RFEs that were filed.
Q: What was the reason that the TDRP was requested?
A: Note: Data provided below is relating to the 59 cases for which Verisign rendered a decision.
Administrative contact authorized the transfer without knowledge of the registered name holder – 8 cases
Payment for the domains was disputed – 3 cases
Domain transferred without the original registrant’s approval – 2 cases
Gaining registrar failed to provide FOA within 5 days of request – 2 cases
Losing registrar failed to provide evidence relied on for denial of transfer when requested – 1 case
Someone other than the Admin Contact or Registered Name Holder listed in the Losing Registrar’s Whois record authorized the transfer – 37 cases
Failure by gaining registrar to obtain express written consent of the transfer from the administrative contact or registered name holder – 5 cases
Other – 1 case
Q: How many of the TDRP cases (first or second level) are due to an improper transfer and how many were because a transfer request was "nacked"?
A: Improper transfer – 57
Transfer request inappropriately “nacked” - 2
Q: Are there other reasons why TDRPs are requested? If so, what are they?
A: No.
Q: Is there a way to get a count of the number of TDRPs requested directly by Registrants (and presumably denied)?
A: Verisign does not track that information.
Q: Is it possible to breakdown the statistics by which individual Registrars filed and defended TDRPs?
A: Verisign has this information but we will not release information specific to the cases that have been filed beyond what is reported to ICANN each month in our Monthly Registry Operator Report.
If the decision was in the win/loss column – Total Cases = 59
Q: What's the proportion of wins vs losses?
A: Since there will be a win for every loss, I interpreted this to be asking how often did the filing registrar prevail or win.
Filing Registrar Wins – 38
Non-Filing Registrar Wins – 21
Q: How many of these Registry decisions were eventually appealed to the 2nd level DRP?
A: Two cases were appealed to a second level dispute resolution provider.
Q: Is there any information as to the final disposition of these disputes -- eg UDRP, TDRP, arbitration, court case?
A: The level 1 decision was upheld at second level. We do not have any data that would suggest that the second level decision was appealed to the courts.
If the decision was "no decision" – Total 50 RFE Cases
Q: What is the breakdown of reasons why that conclusion was reached?
A: Not enough information from which to make a decision – 14 cases
Rejected – Incomplete information - 31 cases
Withdrawn: 5 cases
Q: How many of the TDRP’s filed were resolved by information process requiring no decision?
A: I am not sure what is actually being asked in this case but we had one case that was conceded. That case was counted in the decisions rendered data.
Q: Were any such resolutions guided by Registry?
A: No.
Q: How many of these Registry decisions were eventually appealed to the 2nd level DRP?
A: None.
Q: Is there any information as to the final disposition of these disputes -- eg UDRP, TDRP, court case?
A: Not applicable.
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Barbara Knight
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