Backorder

The Backorder is a solution that allows the automatic registration of domain names shortly after their expiration and their fall into the public domain.

The solution allows the registration of domain names in a fraction of a second from their expiration date, based on the information provided by the registrar and the registry operator concerned.

When several backorders are set up on the same one, an auction is automatically organized and the domain name is awarded to the highest bidder according to the backorder settings.

If this solution is accepted by a majority of registry operators, the backorder cannot be implemented on all extensions (for example, on “.dk” extensions).

As long as the domain name on which the backorder is set up is renewed by its holder, and therefore does not fall back into the public domain, the backorder cannot be activated.

The implementation of a backorder constitutes a security in order to increase the probability of recovering a domain name that expires or is cancelled by its registrar or by the concerned registry operator.

Thus, it is recommended to accompany any extra-judicial action (outside the UDRP and SYRELI) aiming to cancel a domain name with the implementation of a backorder in order to improve the chances of recovering the domain name.

However, the implementation of a backorder should only be a security solution or a last resort when the domain name in question infringes the rights of intellectual property of a third party to the extent that more effective and rapid solutions are available to them to stop the infringement and, if necessary, regain control of the disputed domain name.

Point Register Agreement

” The registry operator shall establish, at its expense, a data escrow or mirror site policy for registry data compiled by the registry operator. Registry Data, as used in this Agreement, is the following: (1) data relating to domains sponsored by all Registrars, including the domain name, server name for each name server, Registrar ID, update date, creation date, expiration date, status information, and DNSSEC Delegation Signatory (“DS”) data ; (2) data on name servers sponsored by all registrars, including server name, each IP address, registrar identifier, update date, creation date, expiration date, and status information.”

Section 3.1.c.i of the .com Registry Agreement between ICANN and VeriSign Inc.

Point of jurisprudence

The company IKEA SYSTEMS BV has initiated a UDRP proceeding against the holder of the domain name <ikeacart.com> on the grounds that “filing a backorder would not guarantee registration of the disputed domain name, and the best option for protecting and enforcing one’s intellectual property rights is to file the present Complaint“.

WIPO, Inter IKEA Systems B.V. v. David Waasdorp, July 11, 2012, No. D2012-1094

The Bouchara Law firm assists you in particular in :

• Judicial and extra-judicial procedures concerning domain names(SYRELI, UDRP, cnDRP, ukDRP…);
• The strategization of your domain names;
• Registration of your domain names;
• Negotiation and redemption of domain names registered in confidence;
• Setting up backorders.