Tag: domain dispute
How to Claim a Domain Name and Secure Your Website URL
How to Claim a Domain Name and Secure Your Website URL Did you come up with your company name and are working on your website? Reserve your name before someone else takes it! Here’s how to claim a domain name and how to secure it. Coming up with a domain name for your website can… READ MORE
The UDRP Process
The acronym UDRP is one that many website owners may have seen or heard before, but what it is, where it came from, and why we need it may be less familiar if you have never been involved in a domain dispute. But, whether you know it or not, you agreed to abide by the… READ MORE
Here is How to Fix the UDRP
Today at Namescon I had the pleasure of watching three of my esteemed colleagues, Nat Cohen of Telepathy, Inc., Jason Schaeffer of Esqwire.com, and Zak Muscovitch of DNAttorney.com, examine three of the most shocking UDRP decisions of 2016. These decisions involved overreaching trademark owners, extraterritorial trademark rights, and panelist conflict of interests. In listening to… READ MORE
UDRP Element 1: Identical or Confusingly Similar
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… READ MORE
Common Defenses to a Domain Dispute
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… READ MORE
Defending a Domain Dispute Based on Trademark Law
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… READ MORE
Options for Combatting Infringing Domain Names
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… READ MORE
What Elements Must be Satisfied to Win a UDRP Proceeding?
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… READ MORE
What is a UDRP (or Domain Dispute) Proceeding?
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… READ MORE