A UDRP is an arbitration under the Uniform Dispute Resolution Process and Policy that allows someone to file a complaint with an arbitration forum, usually WIPO or NAF, and get a decision usually within 30 to 45 days. As part of that UDRP, they must establish three things. One, ownership of a trademark that the domain name is confusingly similar to; two, that the registrant and user of the domain name doesn't have any legitimate rights or interest to that domain name; and three, that the registrant of the domain name actually registered it and used it in bad faith.
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A domain name dispute attorney is rarely surprised by stories of stolen domain names, new gTLds, domain theft, ICANN policy revisions under the UDRP or tails of cybersquatting. Learn more about what is happening on issues of internet law, domain disputes and cybersquatting by reading the articles below.
Well, the first thing I want to point out is when a domain name lease agreement is put together, which essentially allows a domain name owner or registrant to, for a certain period of time and under certain terms and conditions, allow a third party to use that domain in a certain way. When a domain name lease agreement is put together, there’s usually an allowance as to who maintains registration of the domain name. In some instances, the lessor or owner of the domain name originally. In other instances, the registrant becomes the lessee or person who will be using the domain name. As a domain name attorney, I typically would like the lessor to retain registrant ownership of the domain, so that there can’t be what is appearing to be a growing instance of the lessee taking ownership of a domain and not returning it at the end of the actual lease agreement. Essentially, they are holding it hostage in hopes of either extending the lease or affecting an ultimate sale of the domain name from the original registrant to the lessee.
Welcome to Cybersquatting Law Radio. My name is Attorney Enrico Schaefer, and I specialize in cybersquatting issues, domain disputes, and domain theft. Today, we are talking about contributory cybersquatting under the Anticybersquatting Consumer Protection Act.
Domain name disputes continue to become more common:
As an internet law attorney specializing in domain name issues, I am always struck by the wide variety of domain name issues which come through our law firm front door. While cybersquatting domain names and trademark issues have been around for a long time, our lawyers continue to see an increase in other types of domain name disputes. Many companies do a high percentage of their business on-line. Some companies do all of their business from the internet. Yet, few companies protect their domain name assets in a way that reflects the value of those assets to the company. Here are some of the different types of emails, telephone calls, and referrals which we see on a regular basis:
I would estimate that 95% of companies which select a name for their product or as their company name fail to do a comprehensive trademark search prior to selecting a word or combination of words as a brand. Too many companies see that a domain is available for registration and assume that their registration of that domain entitles them to use.
Hiring an attorney to do a trademark availability search is relatively inexpensive compared to the investment which your company will make in its marketing and branding efforts. Having to select a new company name or product name after receipt of a trademark infringement threat letter, will cost you money, time and customers. When it comes to trademark issues, an ounce of prevention really is worth a pound of cure.