UDRP complaint has been filed against me. Which law firms have the most successful defense stats?

Discussion in 'Legal Discussion' started by Heff, Apr 17, 2017.

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  1. Heff

    Heff Established Member ★★★★★★★★★★

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    Hi guys,

    A UDRP complaint has been filed against me, and wouldn't mind some advice.

    Basically, I think I have a good case, and I think there's a good argument it's a case of a reverse hijack. The company registered their trademark quite a few years after I registered the domain, but what could count against me is I'm not actively using the domain for any real purpose at the present time, and was actively trying to sell the domain (they basically threw the UDRP at me when we couldn't agree a price. It all comes over a bit petulant and arrogant on their part).

    So, although I have considered fighting the case myself, I think, as the domain is classed as a "premium domain" it's too valuable to risk it, so I want a good UDRP law firm with a good success rate...hopefully also at a reasonable price. I think I might some sort of balance between results and value. So, are there any statistics around on who gets the results for "Respondents", or failing that, recommendations?

    I think I'm also after a fixed sum for the whole thing, agreed in advance (maybe split in two with a "success fee" - although I'm undecided on that, yet). I don't want the bill growing like Topsy. What price should I be looking at for a decent defense?

    Thanks for any help.
     
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  2. korganian

    korganian Active Member VIP

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  3. 1Darko

    1Darko Established Member

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  4. techname

    techname Established Member

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    Sorry to hear that this company has resorted to "plan B", to steal the name off of you rather than negotiate.
    I hope you manage to find a good lawyer, hopefully he or she will be able to convince the other side's lawyer that they don't have a case and to withdraw the UDRP.
    If you end up having to defend the case, I would really appreciate it if you could let us know the costs and also keep us up-to-date with the proceedings and outcome. I wish you the best of luck!
     
  5. platey

    platey Active Member VIP

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    Udrps are the reason the stockmarket will always be a better investment than domain names

    So allegedly the company did want to buy the name? But decided not to and go down the udrp route

    If they wanted to go down the udrp route they should have done so straight away as trying to buy the name originally proves that if the price was agreed they would have bought the name and the udrp would not have been filed

    It would appear that the only reason they have gone down the udrp route is that they may try to get the domain for free

    But a premium name commands a premium price

    You can't buy a new rolls Royce for the price of a new mini which is a problem but not the rolls Royce owners problem
     
  6. consumers

    consumers Established Member ★★★★★★★★★★

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    You are on the right track looking at prior decision to choose an attorney. There are many fly-by-night places doing UDRP cases now. I would suspect it will cost you about $5k but that can vary based on how complicated your case is. Personally, I would not hire anyone who also acts as an arbitrator but that would depend on the exact circumstances.
     
  7. Kate

    Kate Thinking inside the Box™ VIP ★★★★★★★★★★

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    I will not recommend any name because I have never been in this situation. But my advice would be to review recent UDRP decisions, filter on those that were denied (= complaint failed) and see who were the parties involved. You'll find some names easily :)

    You can try a resource like http://www.udrpsearch.com/

    Some lawyers have a consistent 100% success rate, because they obviously don't take on cases that are DOA and not defensible. I would certainly request a consultation, so you know where you stand legally. But what is important is exactly which points are made against you in the UDRP. These points will have to be addressed.

    I found one recent case which is different than yours but possibly interesting:
    (emphasis is mine and of course the devil is in the details and the specific circumstances)
    http://www.adrforum.com/domaindecisions/1716823.htm

    You say you've been "actively trying to sell the domain", but that doesn't say if you specifically contacted the other party, or you just put the name on the market without seeking their interest.

    Disclaimer: not qualified legal advice.
     
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    It's sort of like asking which doctors have the highest survival rate. It depends on what sort of patients they get. Your local dermatologist probably loses fewer patients than someone in the emergency room.
     
  9. JoeE

    JoeE Active Member VIP

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    Domain investing has been recognised as a legitimate business in recent decisions (you need to look them up) so that takes care of you being actively selling your domains. But you need to argue the trademark issue, and as you said your domain is older than their trademark (hopefully you did not abuse their mark by publishing content related to their business) but I think a good lawyer would have no problem in defending you, and ,maybe ask for a finding of Reverse Domain Hijacking. Good luck. By the way, you seem eloquent and if you read up a few cases especially decisions were a complaint is denied and why, you'd be able to defend yourself if the domain is not worthy of spending a few thousands of dollars.
     
  10. platey

    platey Active Member VIP

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    The domain name industry will make the headlines sooner or later but for all the wrong reasons

    The domain name industry should be a thriving industry as more and more businesses move from traditional property to digital property eg domain names but it will be noticed for being riddled with udrp making people flea the industry because of extremely expensive legal fees

    No domain is safe the industry is built on sand and unless it can reassure domain investors that the domains they buy are 100% theirs which at the moment they are not - the domain industry has a bleak future
     
  11. Kate

    Kate Thinking inside the Box™ VIP ★★★★★★★★★★

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    Copyright and trademark disputes have always been in the business world. Domain names are not different. Everybody can file a UDRP or sue anybody. Filing a complaint is one thing, making a solid case (and prevailing) is another.
     
  12. Heff

    Heff Established Member ★★★★★★★★★★

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    I get your point. I realize success stats won't be an exact science as some lawyers will only take easy to win cases. Still, if a "100%" lawyer wants to take my case, I'll know I'm in a strong position.
     
  13. Heff

    Heff Established Member ★★★★★★★★★★

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    Yes, I'd say owning a domain as an investment might be one of the riskiest investments around. Some entitled company can challenge you for it for not much over $1000, you have to pay out $5000 if you want to properly defend it.
     
  14. Heff

    Heff Established Member ★★★★★★★★★★

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    That's an interesting one, thanks. No, I just advertised it for sale, no direct approaches, they came to me, through one of the big brokers. They did offer me a fairly big sum, but I'd rate as a very valuable domain that's had a large amount of interest from buyers, and one I intend to hold out for a for very big sum - even if that means I never sell it.

    In my opinion, though, even though I didn't make a direct approach, I don't think a direct approach should prejudice the case against you, if you registered pre the trademark, i.e. in good faith, as they term it.

    But yes, if they thought they had a UDRP case, why offer me a significant sum in the first place?
     
    Last edited: Apr 18, 2017
  15. Heff

    Heff Established Member ★★★★★★★★★★

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    That's good to know. It's worth it. I'd hate myself for a fair long while if I screwed up the UDRP defense in some way and that caused me to lose it. So feel I have to pay the money.

    I see it as drawing a line in the sand as well. Hopefully no other company will mess with me over it if I win.

    I think it might also add value. I've noticed quite a lot of the domains that have sold for really big bucks all seem to have been UDRP challenges repelled against them in previous years.
     
  16. Heff

    Heff Established Member ★★★★★★★★★★

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    That should have read "some company feeling entitled"
     
  17. Heff

    Heff Established Member ★★★★★★★★★★

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    Thanks a lot. I'd like to, but I don't feel I can talk totally freely, least not on a public forum. Yes, I think I'd regard it a legal attempt at theft, considering they blatantly appear to be disregarding the rules of the UDRP in bringing the case.
     
  18. Heff

    Heff Established Member ★★★★★★★★★★

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    Ok, thanks a lot guys.

    So I've got David E. Weslow. (thanks 1darko)

    Any thoughts on "Lewis & Lin LLC"?

    I want to email as many respected firms as possible and get quotes. Although the case is currently waiting to be approved by the UDRP service providers to go to the notification stage, so I haven't got the details of their case, yet. Is it normal for a service provider to take over a week to ok the complaint? I don't know whether to read anything into it or not.
     
  19. offthehandle

    offthehandle Nunca creer sin informar de todo. Business Account VIP

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    Before contacting the lawyer and to save on your legal fees- just do as much up front work research work, make print outs and organize things as succinctly as possible. Preparation is crucial as the time spins out of control fast- and when you are paying $250-500 an hour, it is costly. I have no idea what UDRP focused attorney's charge a fixed fee or time billed. Start writing a sequence of events up, and prepare and keep everything documented well, all the emails, dates and names, etc. Very important, I have saved a ton of money doing more work than my attorney did on an unrelated matter. Invest your time in your defense and site any previous cases from the website Kate recommended just like attorney's do with case-law. Stay focused and positive as that work you put it is necessary and will be very time consuming, and you need to weigh how much the real value of the name and your time is versus not defending it. I hope the very best for you.
     
  20. platey

    platey Active Member VIP

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    Have seen a couple of posts here it could get interesting

    As generally if a person makes a significant offer for a domain they do so assuming that the person is obviously going to accept the offer

    But money isn't everything and as the domain already attracts a lot of offers and the owner doesn't need to sell now and or never obviously being sufficiently financially comfy so to speak this will no doubt have annoyed the company to the point of possibly thinking that no amount of money will tempt seller to sell as seller doesn't need to sell etc

    The next line of thought would probably been - we need that domain and thought if seller doesn't want to sell a udrp will get domain for free

    Risky strategy as when a person doesn't need money they can usually assemble the best legal team money can buy and have some fun and games at the udrp instigators expense

    When you start a udrp it might be worth remembering that there are some very wealthy domain investors out there who will challenge a udrp to win irrespective of cost whose legal expenses alone could bankrupt many if the opposition loses and has to pay both sides Legal fees and compo etc

    Sometimes it's cheaper to increase your offer to seller irrespective of trademark or you can always pay for a lawyers new Ferrari or their holiday home on the coast lol
     
  21. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    Yes, particularly if it is WIPO. NAF is usually a little quicker. Often, your first notice of the proceeding will be if the dispute resolution provider finds a formal deficiency in the complaint, since you will be copied on correspondence from the dispute resolution provider to the complainant.

    Brett's a great guy, and fun to work with.

    http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0148.html
    Complainant is TLR, Davis, California, United States of America, represented by Lewis & Hand, LLP, Brooklyn, New York, United States of America.


    Respondent is United Engineering Services LLC, Bloomfield Hills, Michigan, United States of America, represented by John Berryhill, Media, Pennsylvania, United States of America.
    ...
    For all the foregoing reasons, the Complaint is denied.

    http://www.adrforum.com/domaindecisions/1126697.htm

    Complainant is Register.com, Inc. (“Complainant”), represented by Brett E. Lewis, of Lewis & Hand, LLP, New York, USA. Respondent is Domain-it!, Inc. c/o Domain-It Hostmaster (“Respondent”), represented by John Berryhill, Pennsylvania, USA.
    ...
    The Panel concludes that relief shall be DENIED.

     
  22. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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  23. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    All kidding aside, Brett is a very capable and accomplished attorney in domain disputes.
     
  24. consumers

    consumers Established Member ★★★★★★★★★★

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    He represents complainants is some cases. He was counsel for Register.com. He can be abrupt and humorless. I would pass.
     
  25. Jessica Alonso

    Jessica Alonso New Member

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    Hello my name is Jessica and I'm a lawyer within a law firm specializing in domain names, that includes UDRP defense, so we have the experience to help you with your dispute

    I leave our website in case you want us to help you with your domain name, we can negotiate the price directly with you, to give you the best rate


    web: Kalpa ProteccionDigital
     
    Last edited: Apr 18, 2017

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