It is bad enough losing your domain to a stranger because you failed to renew it. Now imagine losing the dispute to regain it by failing to comply with the World Intellectual Property Organisation’s (“WIPO”) Rules.
Imagine you come up with a brilliant concept for a reality TB show or a series. It is a hit and everyone wants to know what is going to happen next. You register a website, a year passes and you pat yourself on the back, thinking that this is the most amazing thing you could have done but due to some unforeseen circumstance, you forget to renew your domain and all of a sudden, www.smallsisterafrica.com belongs to a complete stranger and even worse, his using your domain for commercial gain!
You then decide to lodge a complaint with WIPO but unbeknown to you, there are strict procedures and time lines that need to be followed when lodging your dispute.
A client of ours recently experienced the above scenario and fortunately for them, we at PPM Attorneys have experience in lodging domain disputes and are currently awaiting the finding from WIPO because we had correctly followed the complicated procedure that is required.
Like all matters referred to a court or tribunal pursuant to a dispute, it is important to keep to the time limits required for both parties when lodging and responding to a complaint. Even though you may have a brilliant case on the face of it, you could end up with an undesirable result if the correct procedure is not followed.
When a complaint is lodged with WIPO, it is of the utmost importance that your “papers” are in order because the case is decided by a panel on the papers. Should you be unable to articulate your argument in a coherent way, together with a failure to adhere to their time lines, regardless of how strong your case may be, you may lose the dispute.
PPM Attorney’s offers Good, Clear, Precise advise and we are able to assist you with lodging domain disputes among other things.