Anderson Law - WE PROTECT IMAGINATION
Domain Dispute attorneys dedicated to protecting brands,
preventing infringement and promoting
the rights of trademark and domain
name owners.
The Uniform Domain-Name Dispute-Resolution Policy (UDRP),
which is used to resolve domain name disputes, is based on the
principle that domain names should not infringe upon the rights
of trademark owners.
If a domain name is registered or used in bad faith, the owner of a trademark,
(name, or other related Intellectual Property Rights in the designation) may
be able to recover the domain name from the registrant through a UDRP proceeding.
Generally, in UDRP cases, the complainant (the trademark owner) must prove the
following three elements:
- The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- The current registrant of the domain name has no rights or legitimate interests in the domain name; and
- The domain name has been registered and is being used in bad faith.
If the complainant can establish all three elements, the panel may order the transfer
of the domain name to the complainant.
A trademark (or lack thereof) can be used as evidence to support
(or defend) a UDRP complaint and the respective rights and claims of
the parties is essentially the primary focus when one seeks to recover
a domain name that allegedly infringes upon the Claimant's rights.
Domain Name Registration
Technically speaking, a Domain Name, also known as a Uniform Resource Locator (URL) is a textual representation of your web host's Internet IP address.
When entered into a web browser, the name is resolved by contacting a DNS server, which resolves the domain name to an IP address. This text name is registered with top level domain (TLD) Registrars so that visitors can find your web page.
Similar to telephone numbers, each domain name is unique. Unlike telephone numbers, certain well-courted, stolen or ransomed domain names have commanded a pricely sum for their negotiated release and have been the impetus of an historic rush of Internet prospecting.
Accordingly, when selecting a domain name, a proper registration strategy must always account for the many possible sound-alikes and spell-alikes presented,
not to mention the hundreds of possible permutations offered by merely using the next available TLD as a prefix (i.e., .com, .net, ,biz, .info. .org .ca, .uk.co, etc.).
In light of the simple fact that it costs exponentially more to attempt to recover a coveted domain name then to have protectively registered it to thwart off infringers, our firm, an authorized reseller on behalf of an ICAAN accredited Registrar,
offers domain name registration and parking services for nominal costs.
In our unique role, we are often able to achieve the recovery and transfer of domain names, simply by working with the parties informally, or as part of a "cease and desist" demand.
In addition to legal services, we routinely provide technical support services related to administrative contact data, nameserver changes, domain renewals, and registrar transfers.
When properly authorized, we also provide escrow services to facilitate domain name transfers.
Visit www.mybrandsonline.com or contact us directly to learn more.
Domain Name Recovery
Cyber squatters already in control?
We find Intellectual Property Solutions!
We have recovered scores, if not hundreds of disputed domain names from cybersquatters, rogues and "internet prospectors" effecting the transfer of ownership of disputed domain name registrations directly to our clients.
We have unique experience and skill involving domain name disputes under the ICAAN Uniform Domain Name Resolution Policy (UDRP).
We are adept at handling domain name arbitration procedures in cases brought before the World Intellectual Property Organization (WIPO),
the National Arbitration Forum (NAF)
and under Nominet UK's disputed Domain Resolution Policy.
With extensive experience in State and Federal Court litigation matters
involving infringement, international Trademark and Copyright laws,
contract disputes, fraud, misrepresentation, online scams, digital theft and other allegations involving privacy, cyberstalking, electronic piracy, and other online abuse, we routinely issue and respond to cease and desist letters, often involving the Anti-Cybersquatting Consumer Protection Act (ACPA), the Digital Millennium Copyright Act (DMCA) and other cutting-edge legal authorities and approaches
targeting illegal activity perpetrated online while effectively assisting our clients at shutting down infringing websites, recovering disputed domain names
and enforcing (and defending) their valuable proprietary rights.