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Old 02-07-2012, 01:27 PM  
Kenny B!
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Join Date: Jun 2003
Location: Montreal
Posts: 5,717
Quote:
Originally Posted by Relentless View Post
Wha...what...wait a minute... You mean there is no 'jury trial' as some of the ignorant people in this thread have suggested and no Matlock style dramatic music playing in the background as your white-haired trial attorney stands up to deliver his scopes-monkey-trial-esque closing arguments?! Kenny, you just ruined the fantasy for so many self-abused webmasters.
It's really not all that exciting, the trademark holder opens the arbitration with ICAAN and sends in their claim along with the fee, the claim and all documents are forwarded to the infringing party and they have a certain amount of time to respond. If the TM holder wishes to rebut what the defendant states they can (only one time) at an additional cost, it then goes back to the defendant to reply to the new comments/allegations, then a 3 person panel makes a decision.

Very simple actually and no need to put everything in legalese, I handled my own defense in both cases and wrote everything in plain layman English.

edit: the proper terms are Complainant and Respondent, for those legal eagles out there
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Last edited by Kenny B!; 02-07-2012 at 01:32 PM..
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