Wednesday, June 27, 2012

How to win domain name dispute ? | Domain name dispute lawyers

Now a days domain name has become precious for many of the reputed companies to avoid misleading it's customers.  If any of the company finds it's domain name with any TLD getting misused by it's competitor or any other person without any intention.

If the aggrieved party finds the same first plan of action would be sending an email to the administrator of the domain name with a note of violation of trade mark or copy right by the use the domain name similar to their domain name or similar to their product with proper request to surrender the domain name without any condition.

If they didnot hear back they may send one more reminder with deadline to answer the mail as 2nd or 3rd or final reminder mail. If they didnot hear back with any proper response the plaintiff can approach WIPO i.e.World intellectual property Organization which was established in 1967 running with 185 member states with it's HQ at Geneva, Switzerland.

WIPO’s mandate is to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations

Applicant has to pay a fixed fees which may range between panel members to be chosen whose link is given below.

After making needed payment applicant has to provide details on complaint in the prescribed format with any annexures supporting their claim in the complaint like Registration of trade mark, patent etc...

The same copy shall be forwarded by WIPO to concerned party by email, fax and a hard copy to the address as provided in whoiswho with deadline to respond back to defend the same. At the same registrant of the domain will be notified of locking the domain from further transfer with immediate effect till the case being heard and decided. The respondent will be given deadline to reply back to the complaint with proof in email form with name of the panel members of their choice depending in number of panelist chosen.

If the defendant fails to respond back within stipulated period case will be heard ex parte and decision will be passed in favor of petitioners based on the facts of the case either to transfer the domain name in favour of the applicant or rejecting their plea with reason.

If defendant has legitimate right over the domain name the same can be provided with evidence and case can be won against the plaintiff.

Points while replying to the complaint:

1.Mention about the domain name and relevance of the same to your nature of business.
2.Provide proper evidence to prove your organization's existence and domain name relevance to the nature of business.
3.Make sure your bonafide intention in using the domain name without any bad intentions
4.High light the point of difference between your domain name and plaintiff's domain name and mention how it varies from the nature of your business.
5.Always provide digitization records to prove your points as there will not be any oral arguments.
6.All the points need to be provided with documentary records and your Bonafide intention in using the domain name.
7.Also refer to some of the case judgement to support your claims.

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