How much would a lawyer charge for UDRP defense?

[Meridian66]

I was wondering approximately how much a lawyer would charge for defense in a basic UDRP case? And can anyone here recommend someone?

I'm just trying to get some info in advance so I'll be immediately ready should I have to defend my domain name. I've been getting a regular trickle of offers and some "fishing" from legal firms on behalf of clients. Previously I had been thinking that I'd just write my own response in defense, but after a bit of reading I can see that may not be such a great idea.

However, I don't have a domain name that infringes on any well known TM, and there is no way I could reasonably be seen to be using it in bad faith, so I'm still thinking a bit that defending myself might be feasible. I have no idea what a good defense would look like though.

Mer

 

[typist]

I've been getting a regular trickle of offers and some "fishing" from legal firms on behalf of clients.

I'm not sure if I fully understand your post. You've reveived a trickle of offers - to buy the domain, and lawyers are also fishing for the same?

Must be a truly interesting domain if several people would involve legal firms trying to acquire it. If there are potential intellectual property issues related to it, I'd be intereste in knowing which legal firms are fishing in such muddy waters.

 

[Meridian66]

... You've reveived a trickle of offers - to buy the domain, and lawyers are also fishing for the same?

Yes, and in the case of a law firm acting on behalf of a client, offers to purchase seem framed in such a that if I answered in the affirmative, I would incriminate myself, if I have read the UDRP policy correctly. And anyway, I'm not interested in selling at all since I've been using the domain for several years as my personal site and email address.

Must be a truly interesting domain if several people would involve legal firms trying to acquire it. If there are potential intellectual property issues related to it, I'd be intereste in knowing which legal firms are fishing in such muddy waters.

The domain is not so interesting at all, just a nice combination of a couple of generic words. I'm sure everyone gets occasional unsolicited purchase offers. I don't know why some people/companies go via a law firm for an offer. Maybe they're hoping to catch me out and grab the name via a UDRP case? While there are a couple of TM registrations by seperate people that cover the same name/phrase, they are completely unknown companies and I can't see there being any IP issues (but I'm not a lawyer, so who knows) and there is no way that it could be construed that I am using the domain in bad faith. But after reading some UDRP cases, its seems that sometimes it can be hit or miss with regards to the UDRP policy (or maybe I'm being too cynical?)

 

[DNQuest.com]

Like anything, it depends on the amount of time that a lawyer would pout into it to defend the domain. So what you really need to ask yourself is how much money are you willing to spend to defend the domain? You also need to factor in the generic/uniqueness of the domain, any TM battle, the people coming after the domain. In the meantime, keep away from any illegal infringing and develop the domain in a catagory that is non-competing with any TMs.

 

[Domagon]

Quick answer: Figure on about $3K to $5K; UDRP fees (you likely want a 3 person panel; that costs money) and a few hours of attorney time.

In regards to offers you've received already where it an attorney is involved, that's not uncommon if dealing with a large company - key is to give them a bottom line number and work from that; dickering around often is counter-productive ... give them them a bottom line number and go from there.

With all that said, proactively hiring an attorney to answer some questions/ get some insight on things is often a good idea if dealing with valuable domains and/or those you really want to develop instead of selling.

Hope this helps.

Ron

 

[jberryhill]

Like anything, it depends on the amount of time

Bingo.

Trademark disputes are fact-intensive, and some factual situations are simpler than others.

 

[Brett Lewis]

trademark disputes are fact-intensive, and some factual situations are simpler than others.

I second that.

Brett Lewis, Esq.
Lewis & Hand, LLP
www.lewishand.com