7 Mistakes During Domain Name Disputes
There are multiple mistakes that we may do during domain name disputes. This may cause various problems. Here are things that we should avoid during a dispute:
- We are too emotional: During a dispute proves, our actions should be properly measured. It is important for us to give an appearance of pure objectivity. We should know who makes the decision in this case.
- We don’t fit facts to the present rules: It is quite likely that facts don’t fit rules like a glove. As an example, it is quite possible that some facts seem to have a few “extra fingers”. It is important for us to correlate facts with the rules and this is a key factor to the success of our argument. We need to be careful with our presentation. By doing this, we should be able to make weak argument to become stronger and strong arguments to become very compelling.
- We don’t evaluate our evidence: If we don’t weigh our evidence, it can be one gram too light. This won’t be a good thing for the success of our website. As a rule of thumb, we should make sure to add enough evidences, but the file should be compact enough that panellists are able to review it in just 15 minutes or less.
- We don’t try to create precedents: few if any panellist during a domain name dispute read everything related to the case. They will read only the most important details. In this case, we should make sure that they do read important details. On the other hand, panellists don’t want to make inconsistent and inaccurate decisions. This could invite severe criticism from their colleagues in the industry. They may not see it a good thing if their decisions have been overturned during an appeal. In reality, panellists would love to get help in understanding the case better. They would appreciate our initiative to create compelling precedents. However, we shouldn’t go overboard with this. Any precedent that we create should be aimed to strengthen our case.
- We are not pedants: Panellists are often lawyers who are knowledgeable with Internet-related details. We should be aware that lawyers are also pedants. In this case, we should be careful with what we write. We need to avoid errors of spelling and grammar. Any inconsistent usage and typos should also be removed. Once we have a document fully prepared, it is important to ask at least two people to proof-read it.
- We don’t re-read everything: It is important for us to fully read any applicable rule, before we draft our response or complaint. In this case, documents should meet all our formal requirements.
- We don’t work with our service provider: Service provider should become our ally in this dispute. They could become professional witness about our case. They could provide more detailed records and logs, regarding all activities related to the domain name to determine the actual ownership.