Received a Complaint From the World Intellectual Property Organization (WIPO) About Your Domain Name

If you have received a UDRP domain name dispute complaint from the World Intellectual Property Organization (WIPO) either by mail or by email, you should respond to it as soon as possible. Otherwise, you may lose your domain name.

The acronym UDRP stands for Uniform Domain Name Dispute Resolution Procedure. It is a procedure that has been established by ICANN, the governing body of the Internet to handle domain name disputes in an expeditious manner through arbitration. The legal proceedings are commenced in an attempt to take away a domain name from the person who has registered the name. In other words, the person who has filed the complaint is claiming that they should have the domain name because they think that you are a “cybersquatter” or because they think that they have more rights to the domain name than you.

As described in the information that you receive from the arbitration organization (NAF), they require that a response be sent to them within 20 days of the commencement date. If a response is not sent, the arbitration organization can decide to transfer the domain name away from you. You may have additional legal and financial risk beyond the arbitration proceeding. There are several laws that the complainant can utilize in order to attempt to obtain a money judgment and monetary damages from you. Accordingly, it is important that this matter be handled well.

After a response to the UDRP complaint is submitted, the dispute is assigned to an arbitrator to make a decision about whether the complainant can take away your domain name. Second submissions can also be filed in order to bolster the arguments of either party to the domain name dispute. If the judge makes a decision that your domain name should be transferred to the complainant, the transfer is made to the complainant within a few days. The only way to overturn the decision of the arbitrator is to initiate a lawsuit. Consequently, it is important that you submit a strong defense to the arbitrator in response to the complaint.

On the website of the World Intellectual Property Organization (WIPO), http://WIPO.INT there are descriptions of the procedures that can be followed in order to respond to the complaint. They are somewhat complex. There are also a number of considerations and factors that most people are not aware of. Consequently, it is often advisable to consult with a domain name lawyer who is experienced with these matters. Experienced law firms can provide all of the legal services necessary to protect your domain name for a fixed fee.

One law firm that is an aggressive firm that specializes in domain name disputes is DomainNameLawyers.com.

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