Mon, May 19, 2014
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Our domain name lawyers assist our clients with issues pertaining to domain name laws. The laws applying to domain name issues and domain name disputes are specialized and it is best to get advice from an experienced domain name lawyer.
Our domain name lawyers assist our clients with issues pertaining to domain name laws. The laws applying to domain name issues and domain name disputes are specialized and it is best to get advice from an experienced domain name lawyer. As domain name attorneys, we regularly advise our clients about complex domain name issues. Some of these include:
The Truth in Domain Names Act – This act forbids the use of a misleading domain name to: 1) trick a person into viewing content that is obscene; or 2) trick a minor into viewing material that is harmful to minors. Our Internet lawyers and domain name attorneys are there to assist you should you have legal problems with the authorities, your domain name registrar, or your affiliates.
Trademark Infringement in Domain Names, Cybersquatting and the Anti-Cybersquatting Consumer Protection Act – A Cybersquatter is a person who registers a domain name in bad faith in violation of the rights of a trademark owner. The Anti-Cybersquatting Consumer Protection Act (ACPA) further protects trademark owners. An action under the ACPA requires a showing that a domain registrant had a “bad faith intent to profit” from the trademark owner’s trademark and that the registrant registered or used a domain name identical or confusingly similar to the trademark. Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name lawyers and cybersquatting attorneys are prepared to defend your rights, protect your trademark, and assist you with all your Internet Law or Domain Name Law issues.
The Uniform Domain Name Dispute Resolution Policy (UDRP) – The UDRP is an arbitration process which provides an alternative to the filing of a lawsuit in order to facilitate the resolution of domain name disputes. To prevail in an UDRP proceeding, a complainant must prove that 1) the domain names are either identical or confusingly similar, 2) that the registrant has no legitimate interest in the name, and 3) that the registration and use of the domain name is in bad faith. The procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN). Effective UDRP legal representation requires the expertise of an effective and experienced domain name lawyer. Our domain name attorneys understand domain name law.
For example, recently we assisted a client who had build and maintained its trademarks for many years. The trademark consisted of an original and creative name. A corporation registered the domain name and was using it for an informational site containing advertisements for a competitor.