Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law. Traverse Legal also specializes in domain name disputes, domain name and trademark protection, and anti-cybersquatting laws.
Some call it forum shopping. Others call it preparation. Given the choice, wouldn’t you choose the latter?
When involved in a domain name dispute, you have the opportunity to select the body that will arbitrate the dispute. Because of this, you have the ability to choose the forum in which you will resolve the dispute, just as you would choose the service provider for your mobile number.
However, which forum you finally choose should depend upon the specifics of your case.
The two most popular domain name dispute resolution providers are WIPO (World Intellectual Property Organization) and NAF (National Arbitration Forum). Although both UDRP providers, WIPO and NAF have different fee structures, decision turn-around times, and other nuances explained in their respective supplemental rules.
Regardless of the specifics of the different resolution providers, the number one consideration when deciding whether to choose WIPO, NAF, or any other, should be based upon a review of how Panels decided cases similar to yours. Both WIPO and NAF provide access to their decisions at:
WIPO http://arbiter.wipo.int/domains/cases/index.html
NAF http://www.arbforum.com/domains/decisions.asp
With the ever-increasing number of decisions available, it is important to be able to form an educated prediction as to how a particular service provider’s panel would resolve your case. When selecting your dispute resolution provider, looking at prior decisions to find a trend can help, but it would be even easier if you knew both the majority and minority views on particular issues that commonly arise in the UDRP so that your case could better address the specific issues that the panelists have raised in the past.
It is in researching and interpreting the majority and minority views where a law firm specializing in domain name disputes can help most. Ideally, you should choose a law firm with background knowledge of both trademarks and the UDRP, but the best choice would also carry case-tested experience in dealing with the different forums and the issues that arise in their deliberations.
In the end, it is not asking the law firm too much to do an initial review of your case, peruse decisions issued by both service provider’s on the particular issue, and ultimately provide a risk assessment of your case. You can contact us today to provide such a service, and if you so choose, assist you in filing a complaint, responding to a complaint, or simply navigating your way through the UDRP.
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