Domain names are significant when it comes to marketing your business. Yet because they are registered internationally, various issues may arise with your chosen domain name. The risk of competitors or cyber squatters inappropriately getting similar domain names to yours has become a growing concern in today’s modern world. When you and competitors or other persons are controlling confusingly similar domain names, there is an excellent risk that users seeking your website are instead directed elsewhere by that confusing domain name.
Winning a domain name dispute sticks down to the preparation and presentation of your case. That is why, here at Greenberg & Lieberman, LLC., our domain name attorneys can help you take action when confronted with domain name litigation. Let us handle your domain name disputes and determine the right strategic decisions to recover an infringing domain name.
Internet Domain Name Law
Our domain name lawyers can represent you in various disputes, including incidences of domain name theft, domain name hijacking, domain name litigation, or other trademark infringement cases. If someone uses a domain that can be easily confused with your trademark, domain name disputes may arise.
Such disputes can be resolved in federal or state court through a domain name litigation lawsuit or an arbitration process called the uniform dispute resolution policy (UDRP). The uniform domain dispute is an alternative administrative proceeding that could be more efficient and cost-effective than filing a lawsuit in court.
We will determine the best solution for resolving your domain dispute based on the specific circumstances and intellectual property protections. Our domain dispute attorneys have the right skills, knowledge, and resources to prosecute and defend domain disputes in court and through arbitration. When recovering a domain name that improperly incorporates protected trademarks, we may use Anticybersquatting Consumer Protection Act (ACPA). Under the ACPA, as a trademark owner, you can recover both actual and statutory damages against a defendant who has, in bad faith, either used, sold, or tried to sell a domain name that infringes your trademark.
Domain Name Dispute Process
Generally, domain name disputes involve the person who has registered the domain name and a third party that wants to challenge the registration. Suppose you want to challenge a domain name registration. Then, you must submit your dispute with the right service provider.
To clarify the rules for disputing domain names, the Internet Corporation for Assigned Names and Numbers (ICANN) has adopted a temporary specification for generic top-level domains in 2018 that apply to UDRP proceedings filed after July 2015. Under these new rules, there is a procedure for challenging a domain name based on trademark ownership. Before canceling a domain name, the dispute has to resolve in one of three ways:
- An agreement between the parties
- Competition in the arbitration process
- A court order to cancel the domain name
Typically, under UDRP proceedings, resolutions can last 45 days or less, and it’s much more straightforward to file a domain name dispute internationally. If your case has to be taken to court, it may take a little longer, but under the ACPA, you can recover statutory damages. No monetary compensation will be available in a UDRP arbitration.
Your business’s brand name is often your most valuable asset. Typically, domain infringers can earn handsome revenues by violating trademark rights. Effective pursuit of infringers and policing of infringement can help protect your valuable trademark rights and keep the integrity of your brand. Here at Greenberg & Lieberman, LLC., we understand that every case is different, and that is why we will craft the best legal arguments once the appropriate forum is chosen.
We provide the best in domain name disputes, internet intellectual representation, and legal advice. Moreover, our team provides free consultations to discuss your options and ensure that you are protected. Contact us today and find out more.
Why Do You need to Hire a Domain Name Dispute Lawyer at Greenberg & Lieberman, LLC?
One of your priorities must be securing your domain name and protecting your intellectual property rights from misappropriation. At Greenberg & Lieberman, LLC., not only do we guide you through how to choose the perfect domain name for your business (a name that lasts through time without needing to be changed), but our attorneys will represent you in trademark infringement cases involving domain names.
More than that, our services range from strategic legal advice on our options to ensure that any entity infringing upon your intellectual property rights ceases and desist. We understand that disputes over domain names may arise in many circumstances, from a former partner leaving your business and trying to take your domain name to a competitor registering a domain name that incorporates your trademark or someone that uses a domain name confusingly similar to your trademark.
Regardless of the situation, our main objective is to achieve your goals cost-effectively and efficiently. We will discuss your options and develop strategies to protect your domain name. If it suits your best interest, our attorneys will pursue alternative dispute resolution, such as arbitration or mediation. However, we always remain ready to fight for you in court when necessary aggressively.
Due to the constantly changing technology and the laws trying to keep up, our team works hard to always stay on top of all laws that apply to intellectual property matters. That is why we can always advise you on your rights and help you understand the obstacles you might face. Contact us today to further discuss your domain name dispute questions.