I just got served with a CDRP - What's next? (2.Viewing)

MapleDots

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For the members that are not CDRP experts and are intimidated maybe we can list the top resources should they get served with a CDRP.



1. Top Canadian lawyers to contact.

2. What should I do?

3. What are my options etc.
 
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Have you received a copy of the complainant's submissions and how much time do you have to respond?
 
rlm said:
I'm assuming this was hypothetical - more to be a CDRP primer for members here.
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lol yeah i learned that after confirming with maple. I was still working on my morning coffee and the topic name threw me off.

In short, i'd say the most important thing would be to familiarize yourself with prior cases. Not only to fight a cdrp complaint but to avoid them to begin with. Aside from discussions on cdrp cases here, which are great, I have quite a few resources saved i've been meaning to share (and will soon enough). Just been scrambling with a few other things.

Also worth pointing out how you yourself might be the one of the best resources available to members here since you know this stuff inside out.
 
Esdiel said:
Also worth pointing out how you yourself might be the one of the best resources available to members here since you know this stuff inside out.
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If you want the best resource, that's Zak @Zak ! I've got a good idea about much of it, but he knows the details and little things that might not be missed that can make the difference.
 
Esdiel said:
In short, i'd say the most important thing would be to familiarize yourself with prior cases. Not only to fight a cdrp complaint but to avoid them to begin with.
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Yes, fantastic advice. The problem is that most people don't have time to learn that stuff in advance, and by the time you get a cdrp, you don't have the time to learn it all and still file a decent response...
 
How many days do you have to compose a reply after a CDRP is served? And would you consider that time to be sufficient enough to find a lawyer who can represent you?
 
No, it's not enough time, and it goes by fast. And finding a lawyer that even has the time to drop everything and help you is difficult. Move fast or regret it....

CIRA Domain Name Dispute Resolution Rules

Paragraph 5 - the response

Response.

Within twenty (20) days of the Date of Commencement of the Proceeding, the Registrant shall respond to the Complaint by filing with the Provider a Response in accordance with the Policy and the Resolution Rules.

.
.
.

Extension of Time.

At the written request of the Registrant and made before the Response is due to be submitted the Provider may, in exceptional cases, extend the period of time for the filing of the Response for a period not to exceed twenty (20) days.
 
rlm said:
No, it's not enough time, and it goes by fast. And finding a lawyer that even has the time to drop everything and help you is difficult. Move fast or regret it....
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Exactly. 20 days to respond doesn't seem reasonable or fair for almost anyone, especially when the complainant can spend several months or even years building and prepping their case against you.
 
Esdiel said:
Exactly. 20 days to respond doesn't seem reasonable or fair for almost anyone, especially when the complainant can spend several months or even years building and prepping their case against you.
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Yep, and either you or someone you hire has to immediately have the time to focus on it. And depending on your personal circumstances, that could easily be nearly impossible for you. You could be on a family holiday or something, or worse, even in the hospital or any number of things you can't just easily drop everything and focus on it.
 
rlm said:
Yep, and either you or someone you hire has to immediately have the time to focus on it. And depending on your personal circumstances, that could easily be nearly impossible for you. You could be on a family holiday or something, or worse, even in the hospital or any number of things you can't just easily drop everything and focus on it.
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And I guarantee someone like Zak is often busy as hell already... so consider yourself lucky if you can get him...
 
That 20 days needs to be changed, that is hardly enough time to prepare, especially if it's a high value property.

We need to be more proactive with cira to...

1. Extend this to a bare minimum of 30 days but preferably 60 days.

2. Have an appeals process in place (outside of the court system) in case there is clearly a judgement error.
 
MapleDots said:
Have an appeals process in place (outside of the court system) in case there is clearly a judgement error.
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This is what every registrant should have access to — the right to appeal. Just like in any court system, the defendant can always make an appeal. Domains should not be handed over unless the evidence is beyond reasonable doubt.
 
MapleDots said:
That 20 days needs to be changed, that is hardly enough time to prepare, especially if it's a high value property.

We need to be more proactive with cira to...

1. Extend this to a bare minimum of 30 days but preferably 60 days.

2. Have an appeals process in place (outside of the court system) in case there is clearly a judgement error.
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Agreed. And if the registrant loses, they should have the right to appeal at their expense with a new panel. While many registrants may not bother doing that, the registrant should still have that right.
 
I wonder if Zak @Zak (or any other domain lawyer on here) could comment on the 20 days response time from their experience, for example if a domainer contacts him about a .ca dispute within a couple of days of receiving the complaint, does this normally give a domain lawyer enough time, or is it just dependent on how much other stuff they have going on?
 
Or, what if you receive the complaint right before going on a two week holiday outside the country, or any other number of reasons in life when you can have a busy period - medical issues, family issues, work schedule, etc.

If you read the CIRA complaint process, there is a specific number of thresholds the complainant has to meet, so I'd focus on addressing those. If the complaint has no merit, it might be easy to argue it, some examples that might apply:

  • you registered the domain before their idea existed
  • the word or words in your domain are commonly used by many other companies, maybe even in the same industry - give examples
  • you are using the domain for a bonafide business (owning generic domains for reselling or parking is a bonafide business)
  • you didn't approach the complainant to sell the domain
  • they have approached you to buy and you turned down their offer previously, shows they are ok with the buying process just don't agree on the price.
  • do they have a trademark? even if they do, if it's a generic word it would only be trademarked for specific uses and services, they don't own the word.
 
domains said:
I wonder if Zak @Zak (or any other domain lawyer on here) could comment on the 20 days response time from their experience, for example if a domainer contacts him about a .ca dispute within a couple of days of receiving the complaint, does this normally give a domain lawyer enough time, or is it just dependent on how much other stuff they have going on?
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Often a respondent can obtain an extension of time for a week or so.

It takes every bit of available time to prepare a response so letting the lawyer know right away is important. With only a couple days notice it would be hard to prepare without an extension of time but it may be possible in an emergency.
 
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