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"Help, I am being accused of cybersquatting!" A domain name dispute and cybersquatting lawyer knows what is cybersquatting and what is legitimate domain name registration and use. For the average domainer wrongfully accused of cybersquatting, it is sometimes hard to know whether to respond to a cybersquatting threat letter or ACPA lawsuit. Our attorneys can help. Educate yourself by reading more below or contact a domain dispute lawyer for more information.
2012.07.30

The Best Evidence of Bad Faith Intent to Profit when Proving a Violation of the Anticybersquatting Consumer Protection Act

The Anticybersquatting Consumer Protection Act or ACPA defines cybersquatting in a very loose way, and in order to be found guilty of unlawful cybersquatting, in order that they show that you've engaged in bad faith cybersquatting with a bad faith intent to profit from their trademark, they're going to have to show that you intentionally targeted their trademark. Of course, many domainers use this bad faith intent to profit element as their defensive shield, because a domainer will say, "I didn't know about the trademark," or that, "I registered so many domains that I can't possibly determine what is trademarked."

Continue reading The Best Evidence of Bad Faith Intent to Profit when Proving a Violation of the Anticybersquatting Consumer Protection Act >>
2011.10.24

Cybersquatting Claims: Defending Allegations of Domain Name and Trademark Cybersquatting

You have been accused by threat letter, lawsuit or UDRP complaint of engaging in trademark cybersquatting.  The penalties for cybersquatting can be serious.  Statutory damages can be awarded under the Anti Cybersquatting Piracy Act (ACPA).  A Uniform Domain Name Dispute Resolution Arbitration could result in forcible transfer of your otherwise valuable domain name to the complainant.

An internet law attorney has sent you a trademark infringement and cybersquatting threat letter demanding that you immediately transfer the domain, identify other domains in your domain portfolio that may infringe the alleged trademark and potentially pay money damages in exchange for a release of liability.  You need to know how to defend yourself against claims of cybersquatting and domain name trademark infringement. 

Continue reading Cybersquatting Claims: Defending Allegations of Domain Name and Trademark Cybersquatting >>
2010.03.19

Top 5 Domainer Tips to Avoid Transfer Orders Under the UDRP

Enrico Schaefer discusses what domainers can do in order to avoid transfer orders under the Uniform Domain Name Dispute Resolution Policy (UDRP), and lawsuits under the Anticybersquatting Consumer Protection Act (ACPA).  In this short interview, Enrico provides several tips including understanding trademark law and how the UDRP and ACPA work, understanding your domain portfolio to know what domain names may be infringing and how to prepare ahead of time to avoid trademark issues, and the risks involved with parked pages.

Announcer:  Welcome to Cybersquatting Law Radio brought to by Traverse Cybersquatting Law, internet lawyers specializing in domain name dispute resolutions and all other domaining issues.

Damien Allen:  Good morning, and welcome to cybersquatting law radio.  My name is Damien Allen and joining me today is Enrico Schaefer of Traverse Legal.  Good morning, Enrico and welcome to the program.

Enrico Schaefer:  Good morning, Damien.

Continue reading Top 5 Domainer Tips to Avoid Transfer Orders Under the UDRP >>
2008.08.21

In Domain Name Disputes, Priority of Registration Will Often Trump Registered Trademark Rights

It isn’t often that a UDRP panel finds that a complainant who owns a registered trademark does not satisfy the first prong of the UDRP’s abusive registration test, namely, that the domain name is “identical or confusingly similar” to the complainant’s registered trademark.  Typically, UDRP panels will find that a trademark registration is prima facie evidence of confusing similarity.  But a recent panel has held that a complainant that registered its trademark after the respondent registered its domain name does not have the right to claim that the domain name is confusingly similar to its trademark.  Priority, it seems, is everything.

Continue reading In Domain Name Disputes, Priority of Registration Will Often Trump Registered Trademark Rights >>
2008.07.13

Registering a Competitor's Trademark in a Domain Name is Never a Good Idea and Can Result in ACPA Damages and Injunction

It is never wise to register the trademark of a competitor in a domain name.  As Silver Ring found out, registering a competitor’s trademark in a domain name can subject you to the possibility of damages and a permanent injunction under the Anticybersquatting Consumer Protection Act (ACPA).

Continue reading Registering a Competitor's Trademark in a Domain Name is Never a Good Idea and Can Result in ACPA Damages and Injunction >>
2008.01.23

How to Lose Under the UDRP Even When Respondent Fails to Respond

A WIPO decision under the UDRP dated January 4, 2008 illustrates that it is still possible to lose a UDRP arbitration even when Respondent fails to respond. WIPO and NAF arbitrators have an independent duty to review the complainant’s allegations in order to ensure that the elements under the UDRP are satisfied.

In Springborn Staffing Services, Inc. v. Choi Sungyeon, Complainant sought transfer of the disputed domain name czone.com.

Continue reading How to Lose Under the UDRP Even When Respondent Fails to Respond >>
2007.02.20

Gripe Site & Cybersquatting Lawyers

Ever visited a website that has a domain name that includes "sucks" in it? How about a gripe site, or a web site that allegedly attacks, exposes, or complains about a person, company, service, or product? The amount of damage such a site can do to the individual or company whose trademark is contained in the domain name is staggering. Gripe sites are becoming more common.  The best way to protect your trademark or brand,a nd avoid domain disputes, is to defensively register the most common variations of your domain name so that cybersquatters are forced to register domains which don't include your trademark in the domain name. . 

Continue reading Gripe Site & Cybersquatting Lawyers >>
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Reverse Domain Name Hijacking

  • Reverse Domain Name Hijacking
    Reverse domain name hijacking occurs when a trademark owner files a UDRP arbitration against a domain name owner on frivolous claims of trademark infringement. Domain name Hijacking is real. Find out how to protect your domain names.

Domain Theft & Stolen Domain Name Help

  • Domain Theft & Stolen Domain Name Help
    We often hear "someone stole my domain name." A domain name theft attorney can help you recover a stolen domain whether the thief is an employee, business partner, web developer, web hosting company or third party.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan