How to Resolve
What are my options if I get into a domain name dispute?
Domain name disputes can involve conflicts over trademarks and/or tradenames between two parties. These parties can be companies or individuals. Some situations where a domain dispute may arise include, but are not limited to, cybersquatting where one party has acquired a domain name with the intent to block another party from using the domain or to sell the domain back to the rightful owner (or any interested party) at an inflated cost. cybersquatters may also generate money by encouraging advertising clicks on parked webpages.
Some common ways to resolve domain disputes include informal resolution which may include email or telephonic negotiation, WIPO/NAF arbitration, Uniform Domain Name Dispute Policy (UDRP) enforcement or in federal court under the Anti-Cybersquatting Consumer Protection Act. Each of these options has certain costs, along with advantages and disadvantages.
Trademarks are key in helping us as consumers make these types of qualitative determinations. Trademarks are source identifiers for goods and services (Servicemarks). Trademarks allow consumers to differentiate between two similar looking or functioning products. Trademarks are generally comprised of two parts: (1) The tradename; and (2) the good or service associated with the tradename.
To create a protectable trademark, the good or service needs to be sold/rendered in interstate commerce, meaning that you need to be selling or rendering the service in more than one state.
Trademarks have a sliding scale of protectability. Weak trademarks often include highly descriptive names (names that are highly suggestive of the goods or services), whereas a stronger trademark will include an arbitrary name such as Google(TM).
We offer a service that provides you with a trademark for any product or service that has been searched for the aforementioned conflicts. While no search is perfect, you can reduce risks associated with choosing a name and not considering potential marketplace confusion that may result.
One need not have a registered trademark to attempt to recover a disputed domain. Namely, in the United States, trademark owners may have common law rights that allow them to enforce their trademarks against infringing users. In sum, the infringing user is someone who is using a same or similar mark and sells the same or similar goods.
Informal or indirect negotiations, which may even involve you paying a fee to purchase the disputed domain, may in the long run be a better investment than paying an attorney to resolve the dispute. If the seller is intractable, you may be forced to conduct a dispute using WIPO/NAF or UDRP procedures. These processes can range in cost, but can also be done pro se and do not require an attorney. The cost for arbitrating a domain dispute can range based on whether you use WIPO/NAF or UDRP. Each has its own fee structures. Additional cost can be incurred if choose to have a panel review the matter rather than a single arbitrator. However, having three panelists limits the possibility of a single panelist misinterpreting the policy and prevents incorrect decisions. In some instances, the panelist(s) may or may not have specific legal training.
There are many facets to an arbitration proceeding and just as many facets when drafting your complaint. In order to see what causes of action might be relevant, you can search for published panel decisions and find cases that have been successfully prosecuted. These similar complaints can be a good way to structure your complaint. If the arbitrator(s) agree with you the domain can be stripped away from the squatter and returned to you (the rightful owner).
The most expensive process involves litigation under the cybersquatting act. Litigation can be difficult if the squatter does not live in the US. In some instances, you may be forced to bring your case in the district where the registrar resides or where jurisdiction would exist. In the US, many cases are filed in the Easter District of Virginia.
Domain name disputes can involve conflicts over trademarks and/or tradenames between two parties. These parties can be companies or individuals. Some situations where a domain dispute may arise include, but are not limited to, cybersquatting where one party has acquired a domain name with the intent to block another party from using the domain or to sell the domain back to the rightful owner (or any interested party) at an inflated cost. cybersquatters may also generate money by encouraging advertising clicks on parked webpages.
Some common ways to resolve domain disputes include informal resolution which may include email or telephonic negotiation, WIPO/NAF arbitration, Uniform Domain Name Dispute Policy (UDRP) enforcement or in federal court under the Anti-Cybersquatting Consumer Protection Act. Each of these options has certain costs, along with advantages and disadvantages.
Trademarks are key in helping us as consumers make these types of qualitative determinations. Trademarks are source identifiers for goods and services (Servicemarks). Trademarks allow consumers to differentiate between two similar looking or functioning products. Trademarks are generally comprised of two parts: (1) The tradename; and (2) the good or service associated with the tradename.
To create a protectable trademark, the good or service needs to be sold/rendered in interstate commerce, meaning that you need to be selling or rendering the service in more than one state.
Trademarks have a sliding scale of protectability. Weak trademarks often include highly descriptive names (names that are highly suggestive of the goods or services), whereas a stronger trademark will include an arbitrary name such as Google(TM).
We offer a service that provides you with a trademark for any product or service that has been searched for the aforementioned conflicts. While no search is perfect, you can reduce risks associated with choosing a name and not considering potential marketplace confusion that may result.
One need not have a registered trademark to attempt to recover a disputed domain. Namely, in the United States, trademark owners may have common law rights that allow them to enforce their trademarks against infringing users. In sum, the infringing user is someone who is using a same or similar mark and sells the same or similar goods.
Informal or indirect negotiations, which may even involve you paying a fee to purchase the disputed domain, may in the long run be a better investment than paying an attorney to resolve the dispute. If the seller is intractable, you may be forced to conduct a dispute using WIPO/NAF or UDRP procedures. These processes can range in cost, but can also be done pro se and do not require an attorney. The cost for arbitrating a domain dispute can range based on whether you use WIPO/NAF or UDRP. Each has its own fee structures. Additional cost can be incurred if choose to have a panel review the matter rather than a single arbitrator. However, having three panelists limits the possibility of a single panelist misinterpreting the policy and prevents incorrect decisions. In some instances, the panelist(s) may or may not have specific legal training.
There are many facets to an arbitration proceeding and just as many facets when drafting your complaint. In order to see what causes of action might be relevant, you can search for published panel decisions and find cases that have been successfully prosecuted. These similar complaints can be a good way to structure your complaint. If the arbitrator(s) agree with you the domain can be stripped away from the squatter and returned to you (the rightful owner).
The most expensive process involves litigation under the cybersquatting act. Litigation can be difficult if the squatter does not live in the US. In some instances, you may be forced to bring your case in the district where the registrar resides or where jurisdiction would exist. In the US, many cases are filed in the Easter District of Virginia.