Should I respond to C&D?

[Name Trader]

OK. I've recd a C&D from a law firm regarding 1 of my domains. And they've given me a deadline to respond by before they take further action, mentioning UDRP and Patent rights. Should I respond or simply wait for the UDRP?

I'm afraid if I respond I might give something of my stategy away. Which I think is quite solid. Which might give them a chance to counter more strongly against my strategy. The domain is worth in low $Xk. So I will be defending myself, and think I have a very solid chance to win the UDRP. They are not employing a top law firm. I have both been successful and unsuccessful at defending against URDP's in the past. Most recently the decision went in my favor. Although I wouldn't consider myself an expert. I think I have quite a strong case.

 

[deez007]

I think if you have already won a few UDRP's and you seem to be confident that you have a solid case with this domain...then maybe you should ignore it....maybe they just trying scare tactics...lol

I'm no legal expert but as far as I know they can't do anything to you if u ignore the c&d...apart from proceed with a UDRP... I guess.

 

[Name Trader]

I think if you have already won a few UDRP's and you seem to be confident that you have a solid case with this domain...then maybe you should ignore it....maybe they just trying scare tactics...lol

I'm no legal expert but as far as I know they can't do anything to you if u ignore the c&d...apart from proceed with a UDRP... I guess.

That's my thinking also. They could file a lawsuit over infringing their patent rights, but that's usually much bigger bucks than a UDRP. It's been my experience, most lawyers put that in to cover all bases. Usually to scare you. 100% of the time they've gone the UDRP route first, if they've taken it any further, in my experience. But that's extremely limited. <10 cases.

 

[Addison]

99.99% of C&D are nothing more than a scare tactic. If you respond, that percentage changes and they'll be more likely to pursue you.

Ignore it. If they're serious (I doubt it), you'll be notified when they take action instead of them talking about taking action. "Talk is cheap!"

 

[Kate]

Anybody can send a C&D. But if it comes from a law firm I would think twice before trashing the mail.
One thing is not clear to me: is the law firm sending the C&D on behalf of a client, or for themselves ?

Is there any reason why you wouldn't let a lawyer reply ?
It may be money wasted, but it provides for a level playing field. The law firm will see that you have adequate legal representation, and that you are not easy game.
They may be more willing to compromise, perhaps strike a deal.

One thing I would do: do a full text search on the wipo website for the law firm name, and see how many cases they have filed on behalf of clients, what kinds of names and whether they prevailed.

I think it's always best to avoid UDRP, even when your success rate is 100%.
Also, if they lose the UDRP, it doesn't mean they will come back to the table to negotiate. Rather, they will give up on the domain and you make no sale.

 

[Name Trader]

@Kate - They are sending it on behalf of their client. My reasons for not replying were stated above. Would you have the url for that search? I couldn't find it on the WIPO site. If they lose the UDRP, I will never be selling them the domain (of course if they offer me a fistful of money that may change). I have a pretty water-tight case with this one (if I don't screw it up). They are being "cheap charlies" by going the UDRP route. If they ever pursue it. Which I think they will.

 

[Kate]

For Wipo here is a link: http://www.wipo.int/amc/en/domains/search/
But this is for UDRPs filed at WIPO, there are other venues as well like the ADR forum.
Have a look at: http://www.wipo.int/amc/en/domains/search/
Also research the panelist names.

 

[tonyk2000]

Stub - maybe I'm not an expert (personally handled just about 5 udrp cases, all won) - but I'd say that it might be better to respond to C&D letter. Simply because not doing so may be used against you - such as that you ignore legitimate requests, so you are not a genuine or serious domain holder, etc. etc. I think I've seen such logic in some UDRP decisions.
All depends on the case and the domain (the worst thing that can happen would be if it is parked and autogenerated parking links do refer to complaint or competitors, but even this would not mean instant lost case), however I'd simply respond to them basically stating that -

- you do not see enough reasons to transfer the domain name to their client at this time
(which, theoretically, may help them or their client to decide to offer you mid-$XXXX compensation as the last reason LOL)

- you are not in position to further discuss anything with them, but you WILL promptly respond to UDRP should they elect to start one. You are sure that UDRP panel will make fair decision.

After receiving such an email from me, a couple of lawyers disappeared (hopefully, forever). Others lost UDRPs...

 

[Name Trader]

For Wipo here is a link: http://www.wipo.int/amc/en/domains/search/
But this is for UDRPs filed at WIPO, there are other venues as well like the ADR forum.
Have a look at: http://www.wipo.int/amc/en/domains/search/
Also research the panelist names.

A search revealed no results for the law firm. Which I see as a moderately good omen

 

[Name Trader]

My confidence lies in the fact they will not be able to prove bad faith.