thrashiedean.com

Some call it forum shopping. Others call it preparation. Given the choice, wouldn’t you select the latter. You should since you\’re allowed to & there\’re readily available ways to select which forum, or service provider, is best for your case. The two most popular domain name dispute resolution providers are WIPO (World Intellectual Property Organization) & NAF (National Arbitration Forum). Even though both UDRP providers, WIPO & NAF have different fee structures, decision turn-around times, & other nuances explained in their respective supplemental rules. Regardless, the number one consideration when deciding whether to select WIPO, NAF, or one of the other service providers should be based upon a review of how Panels decided cases similar to yours. Both WIPO & 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\’s important to be easily able to form an educated prediction as to how a particular service provider’s panel would resolve your case. Looking at prior decisions can help, but it would be even easier if you knew both the majority & minority views on particular issues that commonly arise in the UDRP. This is where a law firm specializing in domain name disputes can help. Ideally, you should select a law firm with background knowledge of both trademarks & the UDRP. In the end, it\’s 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, & ultimately provide a risk assessment of your case. You can contact us today to provide such a service, & if you so choose, assist you in filing a complaint, responding to a complaint, or simply navigating your way through the UDRP.

Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law http://www.traverselegal.com You can find out more about protecting your domain name, UDRP arbitrations & anti-cybersquatting laws at Traverse Legal\’s domain name theft & trademark blogs found at http://tcattorney.typepad.com/domainnamedispute/ & http://tcattorney.typepad.com/ip/

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