Category: Internet Law

In case you missed it, we provided a general overview of the UDRP process here. This post, however, takes a closer look at the first element of the UDRP test, being what makes a mark identical or confusingly similar to a domain name? How can a mark holder prove the first element in the UDRP […]

As a website owner, you likely know—perhaps by experience—that anonymity on the Internet often leads to otherwise unacceptable behavior. But, what you may not know is that a Terms of Service agreement may give you legal recourse in stopping that behavior and laying out your expectations to your website users. What is a Terms of […]

If you have an online website or business, a privacy policy is a must. These legal notices generally outline how your website visitors’ personal information is used. For example, many websites collect IP addresses and later sell them to third parties. If you do not sell your information to a third-party, great! But, consumers want […]

E-commerce businesses can range from ones operated by experienced online retailers to relative newcomers operating a store as a side project to earn passive income. No matter what camp you fall into, if you’re interested in the e-commerce world, you may have considered purchasing a monetized website or already operating e-commerce business. This gives purchasers […]

As domain dispute attorneys, we are often asked whether someone should defend against a UDRP proceeding or domain dispute. Typically, the person served with the complaint asks whether 1) it is worth the money to defend the domain? 2) Can I win? 3) what are the common defenses to a domain dispute? Basically, you want […]

Domain name owners facing a domain dispute need to first understand the rules of the process and how trademark law plays a role in the case. Domain Dispute Background UDRP proceedings, or domain disputes, are administrative proceedings that ask an administrative body to transfer ownership of a domain. In other words, money damages are not […]

As Internet attorneys that regularly assist in domain name disputes, we are often what is the best method of combatting infringing domain names. Trademark Owner’s Options Trademark owners typically have two main options to combat domain names using their marks: filing a UDRP or domain dispute or filing a federal lawsuit under the Anticybersquatting Consumer […]

A UDRP Proceeding, or what is commonly called a “domain dispute,” is an administrative proceeding to stop someone from using a particular domain name. We explained the background of these proceedings here. UDRP’s Three-Part Test But a common question is: what elements go into winning a domain dispute? Here are the three elements to any […]

A Uniform Domain Name Dispute Resolution Policy (UDRP) or domain dispute proceeding is an administrative proceeding regarding the use of domain names. How Does One File a UDRP Complaint? UDRP proceedings start when someone files a complaint in with either the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO). The filing fees […]

Due to a recent decision by the Federal Court for the Northern District of California, protection for private information stored on a computer took a hit. The court ruled against the corporation NetApp, which alleged that a contracted third-party accessed its servers and stole trade secrets and then gave that information to one of NetApp’s […]