Domain Name Lawyers

Offers experienced attorneys who understand Internet law and technological issues. Make Domain Name Lawyers part of your Internet team.

Contact Domain Name Lawyers Today

       

Opens in Pop-up window

Domain Name Lawyers

700 - 12th Street, NW Suite 700
Washington, D.C. 20005-3945

domain name litigation

Domain Name Litigation

Domain Name litigation may be the only reasonable course of action, once you have explored other remedies.

Court proceedings are notoriously long and laborious but may be the only procedure for protecting your intellectual property rights regarding a domain name.

US courts uphold US Trademark law and the Anti-Cybersquatting Consumer Protection Act (ACPA), which bolsters trademark law by providing for those who may not have actually registered a trademark but still have protected rights to their name.

Some of the general factors affecting the ACPA are:

  • The domain name is protected by trademark rights.

  • The domain name is the legal name of the domain name holder, or some other name that is otherwise commonly used to identify that person.

  • The domain name (prior to notice of the dispute) has been used in connection with a bona fide sale of goods or services.

  • The domain name is used (or are in the process of a plan to use) in a bona fide noncommercial or fair use way at a web site.

  • The domain name holder’s attempt in diverting consumers from the trademark owner in a confusing way, either for commercial gain or in a way that may tarnish or disparage the trademark mark.