There are things that we should do during a domain name dispute. With proper steps, we should be able to turn a hopeless case into something winnable. Here are things that we should do:
- Know our chances: It is important to make an assessment of our chances before we embark on a dispute. Before we begin, we should at least understand and read all the rules. These rules often govern many relevant complaints. We should make sure that these complaints are properly held. Unless we are a quick learner or the case is clear cut; we should try to learn all details. It is possible that we are not able to form initial view of the case. In this case, lawyers can guide us through all the papers.
- Contact the other side: It should worth writing to the opposing site before we make a complaint. The whole aggravation and costs related to domain name disputes can be quite huge. Fortunately, we should be able to avoid them through simple letter exchanges. Even if we are unable to resolve the dispute through correspondence, we should be able to establish favourable impression with panellist. Although the other side has clearly violated our rights, it is important for us to stay concise, polite and lucid. It is also quite possible that the other side tries to transfer the ownership of the disputed domain name to a different person. In order to avoid this from happening, we could contact the person who could eventually obtain the ownership of the domain name. Instead of getting involved in a court proceeding, the person could stop having the ownership of the website. We shouldn’t spend anything to file the complaint. Until the dispute is fully resolved, the transfer of the domain name can be blocked.
- Understand our limits: There are certain limits that we need to consider. As an example, time limits can be very short. In this case, missing time limit can be quite fatal to the success of our case. Exceeding time limits can annoy the panellists, so we should avoid this.
- Tell our side of the story: Our pleadings in the arbitration proceeding for the domain name dispute should make great reading. We should structurally provide responses and complaints. In many cases, these documents are often tedious. If we follow the formal requirements too strictly, our pleadings could become tedious, even for legal professionals who are already acclimatized to tedium. If we want to make our documents more interesting, we should write an entirely simple story. Things should be provided in a chronological order. We should be clear about the person who is involved in the whole proceeding. As an example, if we are dealing with specific legal entities, like partnerships and companies, it is important to be clear about that. Even the argumentative and non-factual parts of our pleadings should be organized in a same way to our story. There should be a very clear beginning, middle and end. The argument should be logical and easy to understand, instead of being too formal and rigid.