Domain Names Forum

Don't post the domain or the company name. Just state the venue, i.e., the place "of filing".

Also, have you been "served" with legal papers? How?

Did the papers say how many days you have to respond?

We're not going to specifically advise you but, as a "one off", it might be interesting to learn a bit more about this.

case is filed in National Arb Forum

now i have no idea how should i proceed.. they want me o pay fees.. why should i pay fees? what if i am not able to hire lawyer for myself. then ICCNA will give domain to them?

Tabish, you first order of business is "timeliness": There are timelines or deadlines. You need to visit the National Arbitration website and READ their procedural information.

IF you don't file a reply "in time" - by whatever deadline they impose - you may lose your rights.

IF you are up against a deadline you MAY be able to request and receive an extension. Typically there is a formal procedure. Don't assume anything and get everything in writing.

So, the initial question is one of timing. Are you out of time? How close to the deadline for filing are you?

HAS ANYONE defended a domain dispute "pro se", i.e., without legal assistance? Tell us about your experience.

You only need to pay a fee if you want the complaint heard by a three-member panel, instead of a one-member panel. If the complainant has already selected a three-member panel there is no fee to you for this.

Information on fees can be found here [domains.adrforum.com].

Ever hear of the word "settlement"? Search around and you'll find many cases
where parties reached a "mutual understanding", then subsequently dropping
their suit before it was decided by a judge or so.

While you believe you're not violating a rule, obviously the other party figures
you are. When two parties can't mutually understand, that's where third party
dispute resolution services can come in if one chooses to force the issue.

Unless you're willing to go through the numerous decisions and file a response
in 20 days from the date of the complaint (I think), then you might as well go
look for any lawyer versed in these who's willing to work out something with
you. Depending where you are, there might some kind of "law clinic" or so.

I've read UDRPs responded to by registrants without lawyers. Some are won,
others aren't.

One good way to lose, though, is not to respond to a UDRP.

Typically registrars lock up domain names upon receipt of either a court order
or a UDRP notice (and a real one at that) to prevent any possible monkeying
around with them intending to avoid liability. People generally don't know the
devil in the details, especially when they don't read their agreements. (hint)

While no one's required or forced to read them, ignorance hasn't typically been
known to excuse or shield anyone from problems. Then again, even if you did,
that doesn't stop others from disputing your rights once in a while.

[paraphrased: This case has not begun, so there cannot be a Response at this time.]

I think i need to wait to submit my responce.

But My domain is locked by the registrar has written me:

[paraphrased: There is a registrar lock on this domain name and it will remain in place until the Panel makes a decision. The domain name will continue to function, but it cannot be transferred until this administrative procedure is finished.]

So.. i am waiting now.. am i going right?

Regards
Tabish

tabish,

I can't tell from your post what you wrote -- and if the reply addressed the email you sent. [Don't post it here ;-) ]

1. Did you submit your Response to the NAF?
Or was your email to the NAF "just a question" about something, and not the official submission of your Response?

2. If so, did you submit your Response to the NAF by BOTH email and did you also submit three copies to the NAF by fax or postal mail?

They don't prevent you from *using* the domain - just transferring it.

Such things as "multi national trading identity" , "patented product" related to domains and the list goes on and on.

But the subject can get costly to defend if the lawyers put a case to you. If you loose , you may have costs awarded against you, and if it involves lawyers you can be sure they would like to keep the bills high for their clients through recovery from you.

Although I have sympathy with you, your first step is to say :

"What's this site worth to me"?

Is it worth keeping or transferring it's content in some way to another domain that i can own?

I am helpless as i dont know what to do in this regard.

<Edit>Since I am not good in writing what should I do to respond?</Edit>

I know.. and if i give you the example of my domain, you will know that too, it is completely absurd claim.. they just want to let me down because my site is comming in search engines on the top and along with their site.

The domain has no relaion with their domain.. like just for an example: Example dot com files case on you because your domain is like exampleonlinedirectory dot com they will claim that you use the word "example" in the domain. will you give your domain to them?

I have faith on ICCNA and i am trying my best to defend myself alone, lets see.

Regards

Other types of comments, that drag the dialogue away from "how to do this", will be edited or removed.

Also, make sure you have been given proper notice. Be absolutely clear on the timing set out in the published procedure, and that it has been followed.

(When does the clock start? When the complaint was mailed by them? Postmarked? Received by you? Was it a month in the mail? Etc.)

I would call around to some other registrars and see who will let you use what is yours until someone proves that it isn't yours. Then move your domaiin to that company... it is sad to see that a company that you hired and you are the customer of is taking the side of someone else, what is worse they do it while accknowlaging the fact that you are in no way realted to them.

The burden of proof is on them because you are the one in possession of the domain now.

Sorry I mis-read.. I thought they turned it off

missed this completely....

If a registrar doesn't lock the domain name upon receipt of a UDRP notice as
agreed upon with ICANN, they risk losing their accreditation. They don't want
to get involved with civil disputes as much as anyone around here.

Read your agreement while you're at it. Specifically for UDRP.

Identify in their submission document their reasons for 1, 2 and 3. Be very clear about that.

Do you research now. Find any cases in which a reason given matched a reason they gave. Identify what the rebuttal was in that case, and then check what the opinion was of that rebuttal. If the rebuttal applies to you and it was accepted last time then use it yourself.

Next, write down a few good reasons why what they said in each case was incorrect. Consider carefully if these are in line with what you've read of past cases. Look for past cases in which your own reasons match a rebuttal given, and check the way in which it was received.

Ask whether it is acceptable to supply references to past cases. If it is, then wherever you have used a rebuttal which was favored in a past case then footnote it to the case number.

Before sending in your response, delete all personal opinion about the other company, accusation, emotional text and similar. You're sending something to be read by someone accustomed to reasoned legal argument and so you'll need to be as clear and concise as you can to ensure that any failings your presentation might have are not able to obscure your rebuttals.

As mentioned before, the complainant must win all 3 while the respondent will
need only one. Unless the respondent opts for 1-2 additional panelists, it will
not financially cost him/her anything to reply if s/he does so without a lawyer.

That reminds me: there was one decision where the complainant filed a UDRP
for 2 domain names and got 3 panelists. They got one and lost the other, so
they practically got half their money's worth. :D