Domain Name Disputes
Domain names are extremely important when it comes to marketing your business. Because they are registered internationally, issues may arise with the domain name you choose.
Domain Name Disputes
Domain names are supremely important when it comes to identifying your business and setting it apart from others. They are also key when it comes to your online marketing and services. However, because domain names are registered internationally, there is a good chance that issues may arise with respect to the name you choose.
One of your top priorities should be securing your domain name and protecting your intellectual property rights from misappropriation. At ESQwire, we not only guide you through how to choose the right domain name for your business—a name that will last through time, without needing to be changed—but our experienced attorneys have also won many domain name disputes brought under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), helping to establish internationally-recognized legal precedent. Our attorneys have represented many clients in trademark infringement cases involving domain names, and our services range from ensuring that any entity that is infringing upon your intellectual property rights cease and desist, to providing strategic legal advice on your options, and how to respond, if you have been accused of infringing upon another’s intellectual property rights.
One of the areas in which we regularly work in regards to domain name disputes is “cybersquatting,” whereby another entity uses a domain name for profit via third-party buying or registering the domain name that uses your trademark or business name.
The Anti-Cybersquatting Consumer Protection Act
In this case, one of your options is to file litigation under the Anti-Cybersquatting Consumer Protection Act in federal court, and our attorneys will help you obtain a court order to prove that the offending party owns a trademark that is the same or confusingly similar to yours, that it registered the domain name without having a legitimate right or interest in that name, and that it was registered and used in bad faith. A common defense that we see to these allegations is that an entity registered a domain name in good faith and without the intent of selling it back to the trademark owner.
The Internet Corporation of Assigned Names and Numbers and The Uniform Domain Name Dispute Resolution Policy
Another option is to work with your attorney to request that the domain name be transferred to you by using the Internet Corporation of Assigned Names and Numbers (ICANN). This is where the Uniform Domain Name Dispute Resolution Policy (UDRP) is relevant as the international policy governing the resolution of these types of disputes. If you prevail under ICANN, pursuant to the UDRP, the domain name is transferred or cancelled. This process is generally more cost-effective than filing suit under the aforementioned Consumer Protection Act.
Contact Our Domain Name Dispute Attorneys to Find Out More
ESQwire provides the very best in internet intellectual legal advice and representation. We provide free consultations to discuss your options with you and help ensure that you are protected. Contact us today to schedule a consultation and find out more.
Since 1994, our attorneys have hundreds of dispute victories and have helped establish internationally-recognized legal precedent.