Some call it forum shopping. Others call it preparation. Given the choice, wouldn’t you choose the latter. You should since you are allowed to and there are readily available ways to choose which forum, or service provider, is best for your case. The two most popular domain name dispute resolution providers are WIPO (World Intellectual Property Organization) and NAF (National Arbitration Forum). Although both UDRP providers, WIPO and NAF have different fee structures, decision turn-around times, and other nuances explained in their respective supplemental rules. Regardless, the number one consideration when deciding whether to choose WIPO, NAF, or one of the other service providers should be based upon a review of how Panels decided cases similar to yours. Both WIPO and NAF provide access to their decisions at:
With the ever-increasing number of decisions available, it is important to be able to form an educated prediction as to how a particular service provider’s panel would resolve your case. Looking at prior decisions can help, but it would be even easier if you knew both the majority and minority views on particular issues that commonly arise in the UDRP. This is where a law firm specializing in domain name disputes can help. Ideally, you should choose a law firm with background knowledge of both trademarks and the UDRP. In the end, it is not asking the law firm too much to do an initial review of your case, peruse decisions issued by both service provider’s on the particular issue, and ultimately provide a risk assessment of your case. You can contact us today to provide such a service, and if you so choose, assist you in filing a complaint, responding to a complaint, or simply navigating your way through the UDRP.