The golden rule for a trial attorney is “know your judge.” This maxim also applies to domain name disputes where the UDRP Panel, acting as a judge, can determine whether or not you win. As such, parties involved in resolving domain name disputes should know how panels work, how you have the right to select how many panelists to handle your case, and how it may ultimately affect which particular panelist is selected. The most common misunderstanding among those unfamiliar with UDRP is how selecting a three-person panel, rather than a single panelist, can affect the outcome of the decision. Intrinsic to the three-member panel is the process that gives each party the right to select a panelist and the third is selected by the provider from a list approved by both parties.
Regardless, it is important to be able to recognize which past decisions are favorable to your particular facts and circumstances and then identify the panelists who made those decisions. Just as important, if not more critical, is the ability to protect panelists with opinions opposed to your position from serving on the panel that handles your particular domain dispute. It is important to note that if you decide to select three panelists and pay the additional fee, you can change your mind and select a panelist and get a refund if you do so in a timely and proper manner. While both WIPO and NAF provide a list of panelists, the key is to understand where those panelists stand on particular issues that arise within a domain dispute; an issue that you can control whether your goals are achieved or not.
Please see the list of WIPO and NAF panelists below: List of WIPO Panelists. http://www.wipo.int/amc/en/domains/panel.html#1NAF list of panelists. http://domains.adrforum.com/panel.aspx Ultimately, experienced UDRP law firms are more educated and better equipped to select a roster of panelists that best serves their purpose given the unique set of facts .
Additionally, they can also advise you on the amount of risk, which may affect the choice of a three-person panel rather than a single panelist, given your particular situation.
You can contact us today if you would like us to help you file a complaint, respond to a complaint, or simply navigate through the Uniform Policy.