Domain Name Lawyers

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Domain Name Lawyers

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

Domain Name Dispute

Domain Name Legal Remedies

Domain name disputes can be handled through arbitration procedures with ICANN under the Uniform Domain Name Dispute Resolution Policy (UDRP). In fact current registration agreements require the registrant to agree to an arbitration proceeding.

The ICANN UDRP proceeding is really not arbitration, but administrative since UDRP decisions are subject to "de novo court review" (meaning a review based on applicable laws) upon the filing of a court action by either party. However, UDRP requires the court filing within 10 days of the administrative decision or the registrar of the domain name will carry out the UDRP decision. The entire proceeding through UDRP takes place electronically and has specific time tables that must be met.

UDRP Offers Speedy Results

The ICANN proceeding is a relatively fast and inexpensive option, but certainly filled with pit holes for the average lay person without legal counsel. Some argue that while UDRP is based on defined rules, decisions to date seem inconsistent. An experienced attorney understands the UDRP procedures, rules and persuasive arguments backed with facts. Without these, your rights can easily be run over with a bulldozer from the opposing side.  If you value the right to a domain name, seek the advice of an attorney as soon as the dispute begins.

Cease and Desist Letters Protect Trademarks

If someone is abusing or diluting your trademark, a simple, well worded and down to business cease-and-desist domain name disputesletter from an attorney may end the dispute. Arbitration attempts to bring both sides to a meeting of the minds by each party laying out their legal arguments pertaining to ownership of the domain name in question. However, arbitration can end up in an attempt to split the baby and make both parties happy. The arbitration may end in applying appropriate laws and then again, it may not. Because ICANN is an international organization, its decisions are not necessarily founded on US Trademark law.

Domain Name Litigation

Domain name litigation, a drastic but effective action, may be the only recourse after having explored other remedies.

Domain Name Abuse

Domain name disputeProof of the following factors demonstrates abuse in the registration of a domain name.

  • The registered domain name holder offered to sell the domain name for financial gain without having intent to use the domain name for the sale of goods or services.

  • The person who registered the domain name behaved in a pattern of registering and selling domain names without intend to use the domain names in connection with the sale of goods or services.

  • Registration of the domain name includes false information.

  • The past behavior of the registrant of the domain name when registering domain names containing trademarks; and

  • The distinctiveness and fame of the trademark owner's trademark.

Contact Domain Name Lawyers and our lawyers will discuss the options available, providing recommendations regarding the best procedure based on a case by case basis.