Friday, November 16, 2007

NAF Overview - Part 4

When trying to show bad faith, some of the most common examples (as noted at ) are:

1) If the Respondent has registered or has acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant or to a competitor of that Complainant, for an amount in excess of the Respondent's documented out-of-pocket costs for the domain name; or

2) If the Respondent has registered the domain name to prevent the Complainant from registering the domain AND there is a pattern of this behavior; or

3) If the Respondent has registered the domain name primarily to disrupt the business of Complainant, who may be a competitor; or

4) If the Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent's web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of Respondent's web site or location or of a product or service on Respondent's web site or location.

Wednesday, November 14, 2007

NAF Overview - Part 3

After establishing your trademark rights, you will need to focus your arguments on the following three criteria that the arbitration panel will consider for their decision:
(1)    the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2)    the Respondent has no rights or legitimate interests in respect of the domain name; and
(3)    the domain name has been registered and is being used in bad faith.

NAF Overview - Part 2

Trademark - Registered or Unregistered - As the complaining party ('Complainant'), your arguments will be focused on your trademark and how the domain name at issue is confusingly similar. 
1) A registered trademark will grant you the assumption that you have valid rights in the mark you are claiming; however, you will still have to prove the alleged infringing party ('Respondent') has infringed your registered trademark via the domain name. 
2) If you do not have a registered trademark but have filed for a trademark and/or have used your unregistered mark in commerce, you may still be able to put together an argument that your mark is famous and/or worthy of similar rights as a registered trademark. However, this argument will have to be made first and will have to be successful before an arbitration panel will be able to review the alleged infringement by the domain name at issue.

Monday, November 12, 2007

National Arbitration Forum (NAF) Overview - Part 1

If you intend to arbitrate your domain name dispute via the National Arbitration Forum, the next series of postings will be dealing with the proper process and suggestions to help strengthen your arguments. Although that does not guarantee you will be successful, with the help of your own attorney, you will be providing strong arguments for an arbitrator to consider.
An outline of the overall NAF process can be found here:
Essentially, once a complaint is properly filed and confirmed by NAF, it will be forwarded to the registrar (to lock the domain and ensure it is secure during the proceeding) and to the registrant / admin contact for the domain name to allow for a response. Once the response period is over, the arbitrator / panel will review the arguments and then provide a decision. This is typically a smooth process that will provide a resolution for the domain name(s) at issue; however, there is no provision for any monetary damages.
So, if the sole remedy you seek is the domain name and you do not care for monetary damages, an arbitration panel such as NAF is a good option that can provide results within a timely manner.