Muscovitch Zak is a Canadian lawyer for the company The Muscovitch Law Firm , located in Toronto. He has done an interesting analysis of the UDRP decisions of NAF ( National Arbitration Forum ).
The data presented below have been collected between November 20, 2009 and March 5, 2010. There are cases that have been decided during this period may not be reflected.
In the NAF there are 141 panelists who have tried (to March 5, 2010) some 9477 complaints UDRP. In 7941 have ruled in favor of the plaintiff, in 1459 in favor of the defendant, in 48 there was a split . 22 were canceled and 7 withdrawn.
Most of the UDRP proceedings are managed by a panelist . The cases do not have a panel of three members unless the parties pay more. These are the current rates of NAF, which also depend on the number of domains included in the complaint:
| N º domains | 1 panelist | 3 panelists |
|---|---|---|
| 1 to 2 | $ 1.300 | $ 2.600 |
| 3 to 5 | $ 1.450 | $ 2.900 |
| 6 to 10 | $ 1.800 | $ 3.600 |
| 11 to 15 | $ 2.250 | $ 4.500 |
| 16 or more | Consult | Consult |
The 10 most active panelists were as follows (all U.S.):
1.
Carolyn Marks Johnson
(966 cases, 10.1% of total)
2.
James A. Carmody
(889 cases, 9.4%)
3.
Charles K. McCotter, Jr.
(818 cases, 8.6%)
4.
Yachnin Ralph
(720 cases, 7.6%)
5.
Tyrus R. Atkinson Jr.
(623 cases, 6.5%)
6.
Karl V. Fink
(499 cases, 5.2%)
7.
John J. Upchurch
(478 cases, 5%)
8.
Harold Kalina
(460 cases, 4.8%)
9.
Paul Dorf
(440 cases, 4.6%)
10.
Louis E. Condon
(437 cases, 4.6%)
Add 6330 Among all cases, 79.71% of the total. Carolyn Marks Johnson, the prolific star panelist of the NAF, it is certainly very special in their decisions. For example:
1) For Publishing v. Freebies Retail Services for dominance freebie.com ruled in favor of the plaintiff even though the defendant had a company called Freebie who was using the domain. The case went to court which determined that the decision was not supported by the evidence. The appellate court upheld this ruling, which returned the domain of ...