What amazes me an an attorney is the number of UDRP actions that are undisputed by the challenged domain name holders.

More times than not, if a UDRP action is brought and the respondent (the current holder of the domain in dispute) fails to respond, the panel will order the transfer of the domain. Quite simply, e easiest way to lose a UDRP action is to simply fail to respond to the complaint.

Why?

Because the panel usually accepts as true allegations that are not disputed.  Of course some panels do look beyond undisputed claims and will sometimes not order the transfer of a domain even in light of a non-response, but these cases are rarer than the alternative.

If you are the owner of a domain that you believe could be the subject of a UDRP action, be sure that your registration information is correct (you’re required to keep that information current, anyway).  If you receive a UDRP action, DO NOT DO NOT DO NOT DO NOT lay it aside.  Take action immediately and contact your attorney to discuss the claims against you.

If you don’t have an attorney, and would like a free initial consultation on your matter, please call me.  We have been very successful helping our clients protect their valuable domain names against baseless, boilerplate claims.

Jonathan Kramer, Esq.
Kramer Telecom Law Firm, PC
Los Angeles, California
866-KramerLaw
310-312-9900

The power of protecting a famous name is illustrated by the photo I took a couple of days ago in Alice Springs, NT, Australia.  Yes, just be looking at the buns and the shape of the sign, as well as the font, you instantly thought you knew the brand, but then those words between the buns might not be so instantly recognizable.

In the case of  Burger King’s expansion into Australia, it had to contend with the fact that a small burger outfit in Adelaide had already trademarked the name in the country.  The national BK franchisee for Australia, who’s first name happens to be Jack, picked the name Hungry Jack’s from a list of possible names that could be trademarked in Australia and approved by BK.

The story gets a bit ugly after that, and you should ready the Wikipedia entry for Hungry Jack’s to read a true trademark battle story.

The story is yet another example of protecting your valuable intellectual property by trademarks.

By the way, a unique physical design of a fast food outlet (its “trade dress”) may also  be separately protected.

Now you know what ‘DOMAIN’ is ruled by what ‘KING!’

PS: I wonder if Burger King (the big one) ever tried to buy Burger King (the Aussie one) simply to acquire the trademark.  Seems like that would have been a, er, ‘whopper’ of a good idea.  jlk

(Photo Copyright © 2009 Jonathan L. Kramer)