Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - Why Does the ACPA Preclude Domain Registration of Trademarks? What Makes Domain Names So Special?

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2008.01.25

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A great concept shared in your article about domain registration and about the important of the name for domain registration. Here are some discount Go Daddy coupons that I am sure will come in handy as well. Use Godaddy Promo Code ZINE3 for $6.95 domains and renewals. No limit to this coupon code.

First of all, the congress and America is asleep at the wheel as usual there is not internet class for the internet. Second, there is a fair use anyone can register a domain name and make fair use there are several exceptions. Third, to show what an idiot congress is anyone can walk into a store in china and 95% of the goods and services are fake. To show what an idiot congress is for making this absurd statement. Fourth, the USPTO is out to lunch and outdated to state search, not conflicting mark search and WIPO and UDRP expand registered trademark rights that are not on the federal register. Fifth, after trademark lawyers register the mark they should have the brains and balls to contact their clients and inform them about expanding and protecting their rights but all these attorneys want is fees at $300 an hour. We have personally buried several of these trademark attorneys due to their actions. Sixth, the USPTO registrar is not the only place to search for trademark conflicts. There is a whole world out there; the USPTO is the problem here. Nobody should be coerced into hiring an attorney. We have several false and lying bullying attempts at this and have cost their clients over 50k. Trademark law is outdated and expensive because of these restraints. Seventh, there is a disclaimer at the bottom of ppc pages but of course this is invalidated to the WIPO and UDRP rules. This is bullshit. A disclaimer is a disclaimer. Eight, USPTO law was designed for goods and services predominately around ww2. Today the Internet is the future for commerce, sales, interactivity; the days of mortar stores are obsolete.

Unlike the UDRP, simple registration of a trademark protected domain creates risk.

To prevail on a claim for violation of the AntiCybersquatting Consumer Protection Act, 15 U.S.C.S. § 1125(d)(1)(A), a plaintiff must show that the defendant registered, trafficked in or used in bad faith a domain name that incorporates a famous or distinctive trademark that was famous or distinctive at the time of registration.

Our attorneys handle emails and calls everyday from domainers who knowingly register the trademarks of others without any idea that such registrations are unlawful under the ACPA and UDRP. While many domainers don’t agree with the underlying premise of the ACPA that domain names are so special that they are simply off limits once trademark rights are established. But that fact does not appear likely to change anytime soon. Both the ACPA and UDRP give trademark holders special rights over domain names. As with any law, some people who are not “cyber-pirates” get swept up as well. Finding a balance between trademark holder rights and legitimate domaining will be an important goal over the next 12 – 24 months.

Not enough trademark holders take the effort to protect their trademark. Many trademark holders understand the notion of "use it or lose it" and do not worry about abandonment issues. Trademark owners often forget the other rule of trademark registration: "Protect it or lose it."

With the enactment of the ACPA, Congress essentially created an affirmative duty to protect your trademarks against the unauthorized registration and use as part of a domain name. Few trademark owners have a program that allows them to monitor domain registrations incorporating their trademark, send cease and desist letters to cybersquatters, and pursue UDRP arbitration or ACPA litigation when the cybersquatter fails to relinquish the domain name. A cybersquatting attorney should be able to provide these services. A true trademark attorney does more than simply register your trademark with the USPTO.

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