Inexperienced counsel can flub your case.
The Uniform Domain Name Dispute Resolution Policy (UDRP) can be a good thing. Every week, brand owners use the service to recover domain names that are clear cases of cybersquatting.
I review UDRP decisions almost daily, and one pattern emerges when an outcome is a bit surprising in favor of the domain owner: the complainant didn’t use an attorney who is deeply familiar with UDRP.
UDRP might seem easy, but attorneys that aren’t familiar with previous cases and precedent are at a disadvantage. Hiring your corporate attorney to file a UDRP probably isn’t a good idea unless they have previous experience with UDRP.
Two cases this week are prime examples. The cases fell flat because the complainants failed to provide evidence of their asserted common law trademark rights in the name. To be clear, they might have had other fatal flaws. But these were never examined because the complainants and/or their lawyers failed to provide evidence to back up their claims of common law trademarks. Click here to continue reading…