Tag: UDRP
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
UDRP Proceedings: Solving Domain Name Disputes
If a dispute arises over use and/or registration of an internet domain name, resolution of the dispute is accomplished through proceedings under the Uniform Domain Name Dispute Resolution Policy, known as UDRP proceedings, administered by the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN is a private, non-profit organization formed specifically to control web… 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
Cybersquatting and Domain Name Disputes | Internet Lawyers
What is cybersquatting? Cybersquatting, as defined by the Anticybersquatting Consumer Protection Act (15 U.S.C. 1125(d)): is the registration, trafficking in, or use of a domain name that is either identical or confusingly similar to a distinctive trademark or is confusingly similar to or dilutive of a famous trademark. In simpler terms, cybersquatting occurs where one… READ MORE
I lost a UDRP Action, Now What?
If you’ve been through the first, second, and third elements of a UDRP complaint, and you have argued laches as a defense, but have now lost your domain name to a complainant, here is what you can do. A UDRP panel is not always the final decision. You may choose to take your case before… READ MORE
Laches as a UDRP Defense
Before 2013, a UDRP case had never been decided solely on laches. That is, until Laminex, Inc. v. Yan Smith, a case involving a domain dispute over theidshop.com, in which panel did not even consider the case on the merits. What is Laches? Laches is a concept from the law of equity. The laches… READ MORE
UDRP Element 3: Bad Faith
UDRP Element 3: Bad Faith In case you missed it, we provided a general overview of the UDRP process here, and a more in-depth look at the first and second element of the UDRP. This post, however, delves deeper into the third element of the UDRP test, whether the domain was registered in bad faith…. READ MORE
UDRP Element 2: Legitimate Rights in a Mark
UDRP Element 2: Legitimate Rights Now that you have the first element of the UDRP analysis down, let’s talk more in depth about the second element and what a complainant will need to prove in a domain dispute. What is the process for establishing legitimate rights in a domain name? While the complainant has the… 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