What can I expect to pay a US lawyer to Defend a UDRP?

[namestrands]

Looking for advise on what I can expect to pay for a defence against a UDRP? from a US Attorney.

[Provider]

I heard something around 15k

[INVIGOR]

I think I paid 10k, plus the UDRP fees. We lost and he wanted another 10K to pursue in Federal Court. Can get expensive quick!

[denny007]

Unless is a 50K+ domain do answer on your own. Study old WIPOs and copy/paste arguments. Will take you 10~20 hours. I defended 2 UDRPs on my own, one won one lost.

[DNQuest.com]

Unless is a 50K+ domain do answer on your own. Study old WIPOs and copy/paste arguments. Will take you 10~20 hours. I defended 2 UDRPs on my own, one won one lost.

What about the other "dozens" of UDRPs which had false whois in the doain record? You win any of those?


In answering the question, you can spend as much as you want. It all matters to what extent you are willing to defend it.

[denny007]

What about the other "dozens" of UDRPs which had false whois in the doain record? You win any of those?

I do not defend those, of course, the occassional UDRP loss is included in the price, you know...

[jberryhill]

I hate to be the "it depends" lawyer here, but it really does depend on a couple of things.

I have successfully defended a UDRP for $500 at the minimum, and I have successfully defended a UDRP for $7,500 at the maximum.

Some cases are more complex than others. Some cases are almost exactly like cases I have done before, and the brief is largely a cut and paste job. Some cases involve a lot of evidence, and some don't. Sometimes the client is more or less cooperative and flexible. I work odd hours. If I can ask you a question at 1 AM, and not have to interrupt the flow of the work, that's more efficient than having to schedule telephone calls.

If you have a rare instance in which your position is outstandingly meritorious, then we might consider whether a three-member panel is necessary. However, in nearly all cases I recommend using a three member panel which introduces a base cost of $1350 at NAF and $2000 at WIPO.

After filing the response, the other side may introduce supplemental materials, which may or may not merit a detailed rebuttal.

Once in a while, I have had engagements in which I review the complaint, write an outline of a response and provide relevant citations, and the respondent has used those material to write their own response, which I then review. I only do that rarely because sometimes that takes more time than writing it myself from a clean sheet.

If the name is not worth either your time, effort, or expense to respond, then you still will want to consider following the unadvertised procedures provided by NAF and WIPO for early transfer and termination of the case. Even if your position is meritorious, but just not worth the hassle, it can be worth avoiding a decision against you, so that it will not be cited when someone decides to take on one of your more valuable names. Putting together the appropriate forms and correspondence with the complainant, the provider, and the registrar, is something that my assistant Cristin does with high administrative efficiency. (cristin -at- johnberryhill.com)

(also, directing first time correspondence to cristin is generally more efficient than sending things to my heavily spammed inbox)

Like the sign says - Dumb Looks Are Still Free!

[WeBuyThe.Com]

I've never dealt with Mr. Berryhill but dealt with Brett
very knowledgeable and reasonable. Ask him too!
http://www.dnforum.com/member-brett-lewis.html

[namestrands]

Email Sent to Cristin. Thanks John

[cyberlaw]

dealt with Brett
very knowledgeable and reasonable. Ask him too!
http://www.dnforum.com/member-brett-lewis.html

I'd agree that my general experience is that Brett's comments are reasonable and even-handed.

[namestrands]

I love your CyberLawg.. been a great source of reading for many months now.

[Brett Lewis]

We typically charge a flat fee of $5,000 to draft and file a Response. If circumstances warrant, i.e., if it's a very simple or complex proceeding, we adjust. We rarely charge more.

Someone mentioned $15,000 to defend a UDRP above. I would not be surprised, but eeek! One of my clients paid a ridiculous amount to defend a UDRP (over $20k) before they hired my firm. Larger firms charge a lot more and don't cap fees. Sometimes they do and sometimes they do not know what they're doing.

[Dave Zan]

and sometimes they do not know what they're doing.

Ignorance is bliss?

[jberryhill]

Ignorance is bliss?

Ignorance is expensive when you are paying an associate at a top shelf firm to learn the basics of what Brett, Ari, Paul Keating, Bret Fausett, and others can recite off the top of their heads.

We did a FOIA request after the cityofsalinas.com domain dispute, and found out that the city paid $23,000 for their failed UDRP complaint.

It's almost guaranteed that the complainant is usually paying a LOT more. One of the absolute joys of defending UDRP's is sticking it to the large firms and their greedy clients.

Any decent attorney should be able to review your case, assess your prospects, and provide a reliable estimate, whether as a flat fee or a capped number of nominal hours.

[namestrands]

I am almost tempted to go back to University and dedicate my Study to IP Law

[dvdrip]

Don't regret it.
Just reply on your own to the UDRPs that come your way.
Well, be sure that you know what you are doing... and that the domain is not sex.com...

[hugegrowth]

Do lawyers ever get asked to take a % ownership of a domain they defend, instead of fees?

For example, "if you defend my domain and we win, you have a 10%, 20%, 50% or whatever ownership in this domain?". Does this ever happen?

[namestrands]

That would make things complicated.. I prefer the Pro Bono method ;-)

[jberryhill]

Do lawyers ever get asked to take a % ownership of a domain they defend, instead of fees?

Asked? Yes. There are various rules concerning circumstances that distinguish a proper contingent fee arrangement, and an improper acquisition of interest in the subject matter of a dispute. Personally, I find % ownership of a domain name to be impractical for things like paying for heating oil or other living expenses.

[namestrands]

I was under the impression that all Lawyers in the US all drive Aston Martins, have a house in the hamptons and live in a penthouse apartment and sleep with super models.

Has hollywood been lying to me again.. Come on JH, name and shame your super models.