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Viewing category: Intellectual Property
Monday, 6 September 2010
If you have received a UDRP domain name dispute complaint fr
If you have received a UDRP domain name dispute complaint from the National Arbitration forum either by mail or by email, you should respond to it as soon as possible. Otherwise, you may lose your domain name.

The acronym UDRP stands for Uniform Domain Name Dispute Resolution Procedure. It is a procedure that has been established by ICANN, the governing body of the Internet to handle domain name disputes in an expeditious manner through arbitration. The legal proceedings are commenced in an attempt to take away a domain name from the person who has registered the name. In other words, the person who has filed the complaint is claiming that they should have the domain name because they think that you are a "cybersquatter" or because they think that they have more rights to the domain name than you.

As described in the information that you receive from the arbitration organization (NAF), they require that a response be sent to them within 20 days of the commencement date. If a response is not sent, the arbitration organization can decide to transfer the domain name away from you. You may have additional legal and financial risk beyond the arbitration proceeding. There are several laws that the complainant can utilize in order to attempt to obtain a money judgment and monetary damages from you. Accordingly, it is important that this matter be handled well.

After a response to the UDRP complaint is submitted, the dispute is assigned to an arbitrator to make a decision about whether the complainant can take away your domain name. Second submissions can also be filed in order to bolster the arguments of either party to the domain name dispute. If the judge makes a decision that your domain name should be transferred to the complainant, the transfer is made to the complainant within a few days. The only way to overturn the decision of the arbitrator is to initiate a lawsuit. Consequently, it is important that you submit a strong defense to the arbitrator in response to the complaint.

On the website of the National Arbitration Forum there are descriptions of the procedures that can be followed in order to respond to the complaint. They are somewhat complex. There are also a number of considerations and factors that most people are not aware of. Consequently, it is often advisable to consult with DomainNameLawyers.com a domain name law firm that is experienced with these matters. Experienced law firms can provide all of the legal services necessary to protect your domain name for a fixed fee. One law firm that is an aggressive firm that specializes in domain name disputes is DomainNameLawyers.com. ____________________________________
Posted By DomainNameLawyers.com at 2:24 PM
Wednesday, 11 July 2007
Must Read Article for Domainers
Best Practices for Corporate Domain Name Management is an excellent article for any domainer and any business interested in protecting their intellectual property.

Writer Todd Mintz gives an example of just how little attention some businesses pay to their intellectual property which in the end may cost them a pretty penny. An Indian company announcing a new product in a press release had failed to first secure the .com domain name registration. "Dave the Red Frog" from France acquired the domain name registration after reading their press release.

So it stands to reason: when bringing a new product to market, secure the .com domain name registration before making any announcements.

Next, look into common misspellings or typos of the .com which can be parked to redirect traffic to the correctly spelled domain. If you don't, someone else will!

Mintz also suggests registering generic domain names. As an example, if you bring a slimming drug to the market you might look for generic variants such as SlimDrug.com, SlimmingDrug.com, BeSlim.com, SlimPill.com. Since this is an example, all these generic domain names probably are already registered but it gives you an idea of the creative process to use.

A very important tip is to keep hold of your own domain name registrations, making sure they are registered in the appropriate name of the business and ensuring that you use a domain registry that offers a secure account. Most registrars offer automatic renewal if you provide a non-expiring credit card. You should also ensure that if you change your contact information, you update your domain name registry account. White list the email addresses of your domain name registrar if you use spam filters.

Too many businesses lack web savvy and tend to allow their website designers or web hosts handle their domain name registrations. Both of these industries either for convenience or because they are unscrupulous may register the domain name in their own name. Even a less than scrupulous employee may register the domain in their own name and when feeling under appreciated, decide to hold it for ransom. When the domain name increases in value there may be a dispute over the actual owner of the domain name registration.

Avoid these pitfalls by simply paying attention to your intellectual property rights and using these tips to ensure protection.

Posted By DomainNameLawyers.com at 7:12 PM
Thursday, 28 June 2007
Vulcan Golf sues Google, Inc. Oversee.net, Sedo LLC, Dotster
On June 15, 2007 Vulcan Golf filed a punitive class action suit in the US District Court for Northern Illinois, Eastern Division against Google, Oversee.net, Sedo, Dotster, Internet REIT and John Does 1 through 10. It appears the John Does may be reserved for registrar companies that allow parked domains to carry Google ads.

Class action designation for this suit is wide open to determination since normally a trademark suit demands the claimed trademark owner to prove the validity of their trademark, the claimed damage of dilution and the similarity of the claimed trademark versus the alleged violation. All this would be pretty hard to establish in a class action suit since each trademark, dilution value and similarity would vary based on the actual trademark.

With the rapid rise of domain name values, lawsuits are not unexpected and probably viewed as the cost of doing business when making millions.

Domainers noted immediately that this is one serious suit since it adds Google to the fray of normal players charged with intellectual property violations. Google is charged with being responsible due to providing "Adsense for Domains" program available only to parked domains. The program specifically specifies that the parked pages cannot carry other content.

The plaintiffs allege that Google in effect is the licensee of the domain name since under the Adsense for Domains program, Google takes control of the pages. This action allegedly makes Google liable for Anticybersquatting Consumer Protection Act (ACPA) claims.

Often, parked domains take advantage of typical typos made by users such as forgetting the period between www and the domain name. Just as a hypothetical example: a user might type wwwkodak.com instead of the intended www.kodak.com. Hypothetically, a domainer may register the domain name wwwkodak.com to take advantage of a common user typo; and, if the domain pages are then put under the Google Adsense for Domains program, Google might show ads of retailers who sell cameras that may compete with Kodak cameras.

This type of suit can take many twists and turns. It may even finally answer the question as to exactly what "engaging in a trademark use in commerce" entails when it comes to domain names.

The suit may or may not receive class action status. Designation as a class action will inspire some attorneys to enter the fray since the awarded damages could potentially be far greater than just a one on one suit between Vulcan Golf and the named defendants. Certainly the Plaintiffs will be able to generate more energy and money with a class action designation. More and even more. Follow online discussion
Posted By DomainNameLawyers.com at 7:32 PM
Thursday, 3 May 2007
The Change in Patent Law

Last week's landmark Supreme Court decision has already spawned a request for a new trial.

Vontage hastily filed for a new trial based on last week's ruling by the US Supreme Court, stating that the $58 million verdict against them for infringing on Verison's patents should be throw out. Vontage's filing claimed that jury instructions were in error, relying too heavily on the test for patent obviousness that the Supreme Court declared too rigid in last week's ruling.

Verison argued that the current appellate process should go forward and claims that Verison did not raise the issue of rigid testing for obviousness during the trial. More

A US appeals court ruled on this motion Wednesday, denying a retrial for Vontage.

Posted By DomainNameLawyers.com at 8:29 PM
Wednesday, 2 May 2007
Patent Technology Just Got Easier
In a case between KSR International and Teleflex over vehicle gas pedal designs, the Supreme Court ruled "Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress and may, in the case of patents combining previously known elements, deprive prior inventions of their value or utility."

The Court clearly opted for a loosening of the current approach for deciding when a combination of existing elements deserves patent protection.

The previous standard required that for an invention to be declared obvious, some "teaching, suggestion or motivation" needed to be in existance to show that a "person of ordinary skill" would have thought to combine certain elements.

Many technology companies felt this standard was too strick and doesn't keep up with the fast pace of technological invention.

Critics are afraid that any changes will throw the world of patents into confusion and disarray.

Posted By DomainNameLawyers.com at 10:10 PM
Friday, 27 April 2007
Use of Trademarks in Advertisement
The U.S. District Court in New York ruled this week that Zales may have infringed on the trademark of John Hamzik, holder of "The Dating Ring" trademark.

Zales has used "Dating Ring" in paid advertisement on Google so that when someone searches on that phrase, Dating Ring-Zales is one of the paid ad results.

Judge Thomas J. McAvoy denied dismissal, reasoning that this case differed from other past trademark claims that have failed, with the court stating: "In this case there may be facts demonstrating that plaintiff's trademark does appear on the displays associated with the goods or documents associated with the goods or their sale," because the trademark appears in the ad copy. More

Posted By DomainNameLawyers.com at 8:57 PM
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