Page is a not externally linkable
vincevincevince - 8:58 am on Feb 2, 2008 (gmt 0)
confusingly similar to a trademark or service mark in which the complainant has rights; (2) that the respondent has no legitimate interests in respect of the domain name; and (3) the domain name has been registered and used in bad faith. 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. Finally, check every single word, and ensure that it does not or could not imply bad faith registration.
As walkman correctly posted here, the only way they can win is by demonstrating that:
(1) that the domain name registered by the respondent is identical or