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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    Does the UDRP Policy Breed Over-Confident Lawyers and Sloppy Work Products? | Log in/Create an Account | Top | 5 comments | Search Discussion
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    Re: Does the UDRP Policy Breed Over-Confident Lawy
    by Ron_Bennett on Thursday September 27 2001, @02:00PM (#2592)
    User #3011 Info | http://www.wyomissing.com/bennett/
    There's no "discovery" with UDRP so the Complainant can say almost anything with little fear of the complaint being thrown out, assuming it's filled out properly and the arbritration fee is paid.

    Keep in mind that much of the superfluous language is often added to intimidate the Respondent so they choose not to respond and thus typically allowing the Complainent to prevail by default, even if their statements are totally false as long as their complaint satisfies the minimum requirements - showing one has a trademark or similar claim, claiming the domain in question is confusing/identical/damaging/turnishment, etc of/to the mark, and claiming the registration/use is in bad faith.

    On the bright side, be glad you didn't sign any transfer forms...for that would have cost them less than $100 to get your domain...by them doing a UDRP, they've had to spend at least $1600 to get your domain.
    [ Reply to This | Parent ]
    Re: Does the UDRP Policy Breed Over-Confident Lawy
    by dtobias (dan@tobias.name) on Saturday September 29 2001, @08:08AM (#2636)
    User #2967 Info | http://domains.dan.info/
    Personally, I think those who fail to even respond to UDRP complaints deserve what they get when they lose them... it's a defeatist attitude to just say "the process is biased against me, so I won't even bother to fight it!". There are a few fair-minded panelists in the bunch, and some might actually have sympathy for your use of a domain for noncommercial criticism, or might hold falsehoods in the complaint against the complainant if they're pointed out in the response. No lawyer is needed to make a response, so there really isn't much excuse for anyone who thinks they have any semblance of a case to retain their domain to just allow the complainant to prevail unopposed.

    See my tips on how to deal with UDRP challenges. (Disclaimer: I haven't actually been involved in one myself, and am not a lawyer, but I have read many decisions of past cases, and have a good understanding of what basis these cases have been decided under.)
    [ Reply to This | Parent ]
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