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UDRP Domain Name Disputes Before NAF and WIPO

UDRP DISPUTES
Cybersquatters register domain name which incorporate the tradenames or slogans of legitimate businesses, individuals or other third-parties. If you are the victim of a cybersquatter who has registered a domain wrongfully that incorporates your name, we may be able to help you seize this domain name by filing a UDRP action, which takes only about forty-four (44) days from start to finish.  We may also be able to shut down websites and domains being used to slander, defame or libel you and/or your business.  We deal daily with gripe sites, typosquatting, cybersquatting, and reputation management online.  If you are a domainer or website owner being wrongfully pursued by another, we may also be to defend you depending on your circumstances.

Background on UDRP Disputes

UDRP domain name disputes are an expedited legal proceeding in which one party tries to take (or seize) a domain name from another party.  The Uniform Domain Name Resolution Policy (UDRP) is a set of rules that all domain name registrants agree to when registering a domain name anywhere in the world (a registrant is the party registering a domain name through GoDaddy, Network Solutions, eNom, or any other registrar).  Under the UDRP, anyone registering a domain name may be sued (or have a UDRP proceeding commenced against them) before an ICANN-approved dispute resolution provider (a court designated by the Internet Corporation for Assigned Names and Numbers to handle domain name disputes).  These proceedings are involuntary -- if you register a gLTD (a generic top-level domain name like including .com, .net, .info, .org, etc) you, or the person who has registered the domain name, are subject to the UDRP domain name dispute.  These disputes allow parties to seize a domain name from another party who shouldn't have registered it, including domain names which contain personal names of someone else, trademarks or brand names of another party, or misleading domain names that suggest an affiliation with another party.  The ICANN-approved dispute resolution providers include the National Arbitration Forum (NAF) in Minnesota, the World Intellectual Property Organization (WIPO) in Geneva, and the Czech Arbitration Court (CAC) in the Czech Republic.  If you retain us to represent you, we can advise you on where is best to file your domain name dispute and we have handled many domain name disputes with all of these organizations.

Legal Services We Provide

We can represent you in filing a UDRP domain name dispute, or defending a dispute which has been filed against you.  It doesn't matter where in the world you reside.  You are usually notified these disputes have been filed via email.  Please constact us at 888-941-9933 for a free consultation or email Steve at steve@websiteattorneys.com. 

Recent UDRP Victories

We have represented many parties in UDRP domain name disputes and win most of our UDRP cases.  Below are links to recent decisions that have been made in our clients' favor:

WE CAN HELP YOU SEIZE A DOMAIN NAME WHICH SHOULD RIGHTFULLY BELONG TO YOU
We may be able to help you seize a domain name in which you have rights by filing an ICANN UDRP arbitration action. Call us now at: (801) 347-5173, or email: steve@websiteattorneys.com
 

STEVEN L. RINEHART, WEBSITE ATTORNEY
Steven Rinehart, Website Attorney

Steven Rinehart focuses his practice on Internet domain name disputes. Regardless of where on Earth you reside or do business, Steve can help you strip a domain name from another by filing a UDRP complaint.  He can also help defent you against a UDRP action wrongfully initiated by another party. He has been featured as expert on Internet law in the ECT News and Associated Press, and is one of the few litigators to offer contingency representation to all new UDRP clients (meaning you only pay if you win).  Please call him at: (888) 941-9933 for a free consultation, or email him.  For a list of represented clients click here.  See below for links to recent victories.

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WHAT IS A DOMAIN NAME DISPUTE?
WE CAN HELP YOU FILE A UDRP COMPLAINT TO SEIZE A DOMAIN NAME BEING USED ABUSIVELY
A domain name is a piece of intellectual property (IP). If someone has registered, and is using, a domain name that is similar to your business or product names in an abusive manner, or to cause you harm, we may be able to help you take that domain though a speedy and simple arbitration process. Examples of abusive behavior by others entails: (1) registering a domain name that is a misspelling of your business, product or domain, (2) registering a domain name that is similar to your domain name to confuse customers, (3) operating a website that mimics your website in some way that confuses users, or causes customers to believe you condone content on the website, and (4) embarassing you or your company by putting objectionable material on a domain name similar to yours (such as pornography or falsehoods). Individuals which engage in these behaviors are called cybersquatters or cyberpirates. Cyberpirates often do this in attempt to extort exorbitant purchaes prices for the infringing domain name out of legitmate businesses. The quasi-private authority which controls domain names is called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN provides a simple procedure for resolving disputes related to abusive registration behavior, and we can represent you in availing yourself of that procedure by initiating an arbritration proceeding. We do this by filing what is called a UDRP Complaint (or QCP or CEDRP Complaint) before an authorized dispute resolution provider.

 

STATISTICS & FACTS
* Approximately 79% of the UDRP complaints filed result in the complainant (the filer), gaining control of the domain name in dispute.  
* NAF charges a $1,300 filing fee to initiate an arbitration proceeding (single member panel).  This is in addition to the attorney fees above.
* In egregious situations, we may also be able to file a federal lawsuit seeking damages for cyber-piracy, cybersquatting, trademark infringement, and unfair business practices against gTLD registrants.
CONTINGENCY FEE OPTION
We often represent clients in UDRP actions on contigency, meaning we will represent you free or charge unless, or until, you win. If we decide your case has merit -- and the cases of most people who contact us do have merit -- we will offer you the option of paying either a flat fee to represent you in a UDRP action, or of paying us nothing up front and a larger amount only if you win. We may require that this amount be escrowed in some cases.
WHAT DOES THE UDRP PROCESS ENTAIL AND HOW LONG DOES IT TAKE?

Usually, the party filing the UDPR complaint (the complainant) files what is essentially a lawsuit with either the National Arbitration Forum or World Intellectual Property Organization (WIPO). The filing fee to file this complaint is currently $1,300 for a single-member panel and $2,600 for a three-member panel (i.e. the number of judges deciding the case). The fees may increase if more than one domain name is in dispute. The respondent (the party the UDPR case was filed against) has twenty (20) days to answer the complaint. Often the respondent will not answer, in which case the complainant generally wins by default.  Many UDPR cases are won because the respondent simply fails to respond. If the respondent does answer, the complainant has five (5) days to submit any additional relevant materials (if the case was filed in the NAF), and the respondent then has five (5) days to make a final submission. In three-member panels, the complainant and respondent engage is an elimination process, each selecting and disqualifying panelists such that both have some say in who is, and is not, on the panel. A final decision by the panel is rendered within fourteen (14) days of the final submission, if any, by the respondent. Decisions of the panel can be taken up with a court of competent jurisdiction (usually a federal district court) within ten (10) business days of the arbitration forum's final decision, but this is rare.

 

Contact

Contact Information

Website Attorneys 
110 S. Regent Street, Suite 200 

Salt Lake City, UT 84111 
(888) 941-9933 
(801) 347-5173 
(801) 665-1292 
steve@websiteattorneys.com

Recently Won Domain Names in Federal Court

  • costarica.com (won ACPA cybersquatting case in federal court and seized domain name); 
  • ezq.com (won federal ex parte TRO forcing VeriSign to strip this three-letter domain from its Chinese registrant and deliver to California corp);
  • ksoftware.com (won federal court transfer order in Virginia stripping this domain from its Caribbean registrant for Kentucky corp); 
  • truckmaster.com (won domain in settlement during ACPA federal case after removing case from state court and after UDRP loss); 
  • bullex.com (won federal transfer order stripping this domain from its Korean registrant for New York corp); 
  • websitelawyer.com (a rare case invovling trademark infringement in state court resulting in order to VeriSign to seize and change domain registration from the Cayman Islands);
  • bgolding.com (obtained court order transfering domain name); and
  • badapple.com (secured transfer of the domain name at TRO hearing).
Domain Name Wins
bitzip.com
bullex.com
fbomb.com
fpscheats.com
graduateschools.com
iboss.com
mia.com
pass-guarantee.com
spudos.com
resumepro.com
ukhouseclearances.com
lawspeak.com
frankrisalvato.com
royalnissan.com
tinyprint.com
digitalaccesspass.com
houseofflags.com
trijiconriflescopes.com
trijiconstore.com
fpsrussia.com
elitefts.com
climacab.com
petpeoplesplace.com
jonahhunt.com
ezq.com
purepostcards.com
phaseeight.com
wiiu.com
terraflex.com
allisonsworkwear.com
acecapital.com
theedenclubfraud.com
kendrickmoxon.com
excellencechocolate.com
greenhornetlighting.com
greatwallchinamarathon.com
broadbandvoice.com
roadcam.com
realegroup.com
autonav.com
candocanines.com
solidx.com
kandypearls.com
cizeta-automobili.com
luxus.com
ohiopowertoolrepair.com
salterspiralstairs.com
homesmart.com
microsretail.com
chooze.com
americansleepassociation.com
drgrowitall.com
lloydirvinrapetruth.com
gooddesignaward.com
gryphonrue.com
edinburghmilitary.com
railroadearth.com
maaji.com
hsbank.com
hakoba.com
belikebro.com
cashforhouses.com
outdoorsy.com
wasatchshutters.com
davidduchovny.com
tupelohoney.com