Should I file a response if I receive a UDRP complaint?

Should I file a response if I receive a UDRP complaint

?

This is probably a very common question, and the answer is Absolutely - or, at least, you should always consider whether filing a response will be in your best interests. A very large portion of all UDRP panel decisions show that the owner of the domain name didn't bother to respond to the complaint. This may be due to the fact that in most of the cases the trademark owner is clearly in the right, and the other party is clearly squatting on that registered trademark, trying to extract payment from the owner of the mark. But if you think you have a legitimate interest in the domain name at issue, you should seek out someone to help you with evaluating how, or whether, to prepare a response to the UDRP. Because the burden is always on the complainant to make out a case under the three elements of the UDRP, if the complainant's case is questionable on any one of the elements, they might not succeed. But you won't get to argue that point if you don't respond.

Of course, this doesn't have to be an expensive process, and you don't need a big law firm. Your first step should be to contact someone who can give you an honest assessment of your options, and your chances. And an attorney might be able to discover hidden weaknesses in the complainant's argument, which could lead to more productive settlement negotiations.

Should I file a response if I receive a UDRP complaint?

By: Bret Moore

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