Two cases show why you need competent counsel to file a UDRP.
A good number of domain names are lost via UDRP when the domain name owner fails to put up an adequate defense. The domain name owner fails to hire a qualified domain name attorney who understands the ins and outs of UDRP.
I’m also baffled when complainants drop the ball in a UDRP, either by not filing a strong case or by filing one that has no chance of winning.
Two National Arbitration Forum decisions came across today that are good examples.
First, Canadian internet company/cable company Shaw Communications lost a UDRP it filed against F*ckShaw.com. The domain owner didn’t respond, but Shaw’s Director of Intellectual Property failed to even make a prima facie case that the domain owner lacked rights or legitimate interests in the domain name.
The second case was for makerplace.com. In this case, complainant MakerPlace, Inc. literally admitted, “We believe Mr. Salmon originally registered the domain incorrectly but in good faith.”
Makerplace might have a claim against the domain owner, but not one that’s right for UDRP.