In 2012 it was found that the World Intellectual Property Organization (one of the bodies that administers domain name disputes) decided in favour of the trademark owner in 91% of all cases. On the surface it would seem that the cards are stacked against the domain owner. However, there is more to this figure than meets the eye. A worryingly large proportion of domain owners fail to respond to Complaints filed against them. Which means the panel that is appointed to decide the case will make its decision based solely on the merits of the Complainant’s arguments which go uncontested.
Therefore, the degree to which domain owners are able to defend themselves is the single most significant factor in determining the outcome of UDRP cases.
Deciding on whether to respond to a complaint is ultimately your decision but the aim of the UDRP should be to bring balance between legitimate domain investors and trademark owners, so if you believe that your domain name has been registered in good faith we would encourage you to fight for it.
Here are a few key points to keep in mind: –
Do Not Be Intimidated: Just because a party that files a complaint against you has a trademark, this in no way suggests that they have a superior right to the domain name then you do. Sometimes overzealous trademark owners and lawyers fail to carry out due diligence which would bring to light your legitimate registration.
Act Quickly: Remember that you only have 20 days to respond to the Complaint or you could risk losing your domain name. It is imperative that as soon as you receive notice of a dispute against your domain name that you begin to collate any evidence such as domain purchase invoices or documentation that demonstrates your preparations to use, or use of the domain name. The Arbitrator and the Complainant will only attempt to contact you with the email that is on the WHOIS record so it is important this information stays up to date. If you receive the Complaint late or your time is almost dissolved, do not despair, We are experts in relation to the UDRP Policy and know what it takes to pull apart a Complainant’s argument. It is never too late within the 20 day period to prepare a response.
Do Some Research: The World Intellectual Property Organization has provided a list of the 25 most cited decisions in our UDRP history which favour the Respondent, many of which date back to early 2000. Analysing the cases within this list would provide a very firm foundation for any complaint you were considering responding to.
Fight for Reverse Domain Name Hijacking: Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name. In other words it is using the policy to bully a legitimate owner out of a domain name.
For expert advice please contact UDRP POLICE DBS