I will probably be filing my first UDRP complaint

[KatieBeez]

soon-any helpful hints from the seasoned domain name attorneys or any of the others on here?

 

[dtobias]

I have some tips on how to *respond* to one (from a "not a lawyer, and don't play one on TV either" perspective), but nothing on how to file one... still, it may be of interest:

http://domains.dan.info/conflicts/whattodo.html

And my general page on the UDRP and other ICANN challenge policies:

http://domains.dan.info/conflicts/icann.html

 

[jberryhill]

Sure.

1. Prove that the domain name is identical or confusingly similar to a trade or service mark in which you own rights.

2. Prove that the registrant has no legitimate rights or interests in the domain name.

3. Prove that the domain name was registered and used in bad faith.

If you do those three things, you should have no problem.

 

[KatieBeez]

WIPO and the National Arbitration Forum? WIPO is more expensive and I believe I have seen you say before that it is best to try and get three panelists if possible? Unfortunately, my company will probably want to pay the lower fee for one panelist.

 

[KatieBeez]

and thanks for that info Dan! I will check it out...

 

[jberryhill]

Katie,

I have never suggested that complainants should select a three-member panel.

 

[KatieBeez]

OK, sorry. I guess I remembered that wrong.

Thanks.

 

[dtobias]

It's respondents that are better off with a three member panel, not complainants (although, on occasion, complainants *do* request a three member panel anyway). The reason is that there tends to be a pro-complainant bias in the panelists in general, so a randomly-selected panelist is more likely than not to be in favor of the complainant; a three-member panel, however, gives the respondent a chance to pick one member, allowing a pro-respondent panelist to be picked.

 

[KatieBeez]

ahh, ok-thank you for that...

 

[pljones]

Katie,

I'd be glad to offer suggestions off-list. Send me an e-mail at pl.jones at verizon.net.

 

[KatieBeez]

I was a swimmer in college too-so maybe that scores me extra advice?

I appreciate your help...