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ADORAIntellectual Property

Finding the respondent when WHOIS is hidden

Most WHOIS records now show a privacy or proxy service, not the actual registrant. The registrar has no obligation to disclose the real registrant before a complaint exists. Only once you file does Rule 4 of the UDRP Rules require the registrar to confirm the registrant's identity to the provider, within two business days, and lock the domain.

Why does WHOIS show a privacy service instead of a name?

Since the GDPR took effect in 2018, ICANN requires registrars to redact most individual registrant data from public WHOIS by default. What shows up is usually the registrar's own relay address or a line like "Redacted for Privacy," not the person or company who actually registered the domain.

Do I need to know who it is before I file?

No. You can file against the domain itself, naming the registrant as shown on the public WHOIS record, even if that is only a privacy service. WIPO's own guidance calls this a "John Doe" complaint. The identity question gets answered as part of filing, not before it.

How does the registrant get identified?

There is no way to compel disclosure before you file. Under Rule 4 of the Rules for Uniform Domain Name Dispute Resolution Policy, WIPO sends the registrar a verification request only once a complaint has been filed, not before. From that point the registrar has two business days to confirm who actually holds the domain and to lock it so it cannot be sold or moved while the case runs. WIPO then passes the disclosed name and contact details back to the complainant, who can amend the complaint to name the real registrant before the case is formally notified.

What if I decide not to proceed once I know who it is?

You can withdraw. WIPO's current published fee schedule sets the administration fee it retains for a withdrawal made before the case is formally notified to the respondent at $100 for one to five domain names, rising to $500 if you withdraw later, after the case has commenced. That said, a complaint has to be filed in good faith on a case you believe in. Filing one you do not intend to pursue, purely to unmask a registrant, risks a finding of reverse domain name hijacking, of the kind the panel made in Smart Design LLC v. Carolyn HughesD2000-0993 WIPO decision, 2000. We assess whether a case is strong enough to file before we file it, not after.

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