Know Your Rights In Domain Name Disputes
Cybersquatting, reverse cybersquatting and typosquatting have become part of the legal lexicon as parties attempt to profit from internet domain name registration in the competitive world of online commerce. If you are involved in a domain name dispute, the experienced intellectual property attorneys at Hovey Williams LLP are ready to guide you through the proper procedures to protect your rights.
Under the federal Anticybersquatting Consumer Protection Act (ACPA), domain name owners may sue to obtain damages for misuse of a domain name. We help businesses prevent infringement of their brands through unauthorized domain name use. We also defend those who have a right to register and use a domain name for commercial purposes.
UDRP Dispute Resolution
A separate policy that protects against the unauthorized use of domain names is the Uniform Domain Name Dispute Resolution Policy (UDRP). This arbitration alternative to pursuing a resolution through the judicial process has been adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for settling domain name disputes. It allows a party to force the transfer, cancellation or change to a domain name if the following elements can be shown:
- The domain name is similar to a trademark in which the complainant has rights.
- The registrant does not have any rights of legitimate interests in the domain name.
- The domain name has been registered and the domain is being used in bad faith.
Do Not Let A Domain Name Dispute Linger
It is important to address a domain name dispute promptly. Hovey Williams has a successful record of resolving these disputes in a cost-efficient manner. Often, a cease-and-desist letter indicating you are serious about pursuing legal action is enough to resolve the issue. However, we are prepared to represent you in court if necessary.
Call 913-647-9050 or use our online contact form to schedule a meeting. We will review your situation and recommend an effective course of action. We represent clients across the U.S. and internationally in domain name disputes from our office in metro Kansas City. Our lawyers provide a level of personal service that other large firms find difficult to match.