Thursday, April 18, 2013

Why You Should Only Hire an Experienced Domain Name Lawyer for a Domain Name Dispute

Written by Zak Muscovitch

Nothing is more frustrating for a trademark owner than paying expensive domain name dispute arbitration fees to a domain name dispute resolution provider such as NAF or WIPO, and paying an expensive lawyer to file a complaint for you on top of it, only to later learn that it was all a giant waste of time and money. Unfortunately  this happens all to often to unwary brand owners.

Domain name attorneys are lawyers who practice exclusively or primarily in domain name dispute law, and regularly appear before various online arbitration service providers such as the National Arbitration Forum (NAF), the World Intellectual Property Organization (WIPO), the Czech Arbitration Court Centrer for Internet Disputes (ADR.eu), (and the Asian Domain Name Dispute Resolution Centre (ADNDRC) , in connection with a Uniform Domain Name Dispute Resolution (UDRP) or similar dispute resolution regimes.

Hiring a domain name attorney who is experienced in the intricacies of such procedures and is also up-to-date on case law developments, is crucial for avoiding mistakes and avoiding throwing away money. Experienced domain name dispute lawyers are often different from general litigators and intellectual property lawyers, as they work within the niche of domain name disputes. Accordingly, hiring a generalist, even if it is an excellent and reputable lawyer, can be a mistake if it turns out what you really needed was an expert in domain name disputes. With short time periods, often arcane rules and procedures, and unique policy aspects, an expert domain name attorney can guide you in the right direction from the start, and will often counsel you to not wade into a dispute that you cannot win.

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