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Old 01-14-2009, 06:56 PM   #1 (permalink)
 
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Additional Submission(s)

So I had a complaint at NAF.
I submitted a response.
Complainant submitted a very late (by 9 days) additional submission.
I replied to that too.
Now Complainant submitted a response to my additional submission. (They actually replied on the day after the decision was supposed to be submitted by the Panel.)

Can they really do this? Is there no end to this?
Should I even bother replying?
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Old 01-15-2009, 03:54 PM   #2 (permalink)
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It's wack. What can I say?

I do not believe that the NAF Supplemental Rules allow for the filing of additional additional submissions. Whether or not you choose to respond in this case really depends on if you believe that there is a need to. The Panel should disregard the filing, but expect that any papers that the Panel reads could affect the Panel's decision, whether such papers are officially considered or not. That said, in my experience, most additional filings are a waste of time and client money. They rarely add anything new, although can be useful on occasion.
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Old 01-16-2009, 12:37 PM   #3 (permalink)
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That said, in my experience, most additional filings are a waste of time and client money.
What he said.

Lawyers can't resist getting the last word. More often than not, I've seen complainants send in off-the-cuff supplements, since they are doing it under time pressure, that open them up for a powerful response.

UDRP panelists are paid a flat fee. They are not tenured judges. They don't want more stuff.

In your situation, the irony of the complainant accusing you of bad faith behavior, while themselves ignoring/violating the rules of the proceeding, is apparent.
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Old 01-16-2009, 01:03 PM   #4 (permalink)
 
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The real irony is that I might lose a common first/last name or geo term because of that shitty panelist I got assigned on purpose by NAF.
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Old 01-16-2009, 01:32 PM   #5 (permalink)
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Quote:
Originally Posted by dvdrip View Post
The real irony is that I might lose a common first/last name or geo term because of that shitty panelist I got assigned on purpose by NAF.
The whole UDRP system seems to have got a life of its own and
although the initial idea by ICANN may have been good it seems
now that you do not even have to have a trademark to succeed,
simple say you have and that suffices.

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Old 01-18-2009, 06:36 AM   #6 (permalink)
 
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Just filed my Response called "RESPONDENT’S RESPONSE TO COMPLAINANT’S RESPONSE TO RESPONDENT’S ADDITIONAL SUBMISSION TO COMPLAINANT’S ADDITIONAL SUBMISSION TO RESPONDENT’S RESPONSE TO COMPLAINANT’S COMPLAINT".
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Old 01-18-2009, 07:04 AM   #7 (permalink)
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Quote:
Originally Posted by dvdrip View Post
Just filed my Response called "RESPONDENT’S RESPONSE TO COMPLAINANT’S RESPONSE TO RESPONDENT’S ADDITIONAL SUBMISSION TO COMPLAINANT’S ADDITIONAL SUBMISSION TO RESPONDENT’S RESPONSE TO COMPLAINANT’S COMPLAINT".
LOL, I like it, and even they will get the point !!

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