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:


  1. The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
  2. The current registrant of the domain name has no rights or legitimate interests in the domain name; and
  3. 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. 



Domain Name Defense
Knowing the value of a domain name is like knowing the difference between a diamond and a stone.

In the trademark sense, a generic name is one that is not capable of distinguishing the goods of any particular trader from the goods of others.

For many years, it has been well-settled trademark law that a generic name is incapable of identifying the source of such goods by name.

In the Internet era however, a generic domain or web address is most certainly capable of directing consumers to one, and only one, particular company.

By selecting a domain name that consists only of word describing or identifying a popular type of goods or services, the domain owner obtains, in effect a valauble intellectual property right as compared to his competitors.

Although the law of the Internet has only begun to confound trademark attorneys, we at Anderson Law - WE PROTECT IMAGINATION®️ celebrate the arrival of the new commodity: generic names online.

We have successfully defended a wide variety of parties who have expressed legitimate interests in registered domain names, including those that include or consist of even a well-known trademark. 

In many cases, we have obtained Panel Rulings affirming Respondent's rights, keeping valuable domain names in the hands of the rightful registrants,
finding legitimate interests in those names and/or a lack of bad faith. 

In several cases,  we have further convinced Panels to find that
the Complainant lacked a sufficient basis for bringing the dispute,
thusly earning (relatively rare) findings of
REVERSE-DOMAIN NAME HIJACKING
on the part of those who dared to bring a domain dispute against our clients!

Finally, from time to time we are called upon for our expertise in selecting, valuating or otherwise handling some of the most unusual domain name claims and business relationship models.
    
 Determining and protecting the value of a generic domain name can be an elusive business - fraught with cybersquatters, Internet prospectors, digital pirates, trademark bullies, reverse-domain hijackers and worst still, Internet Domain Registrars acting like blundering fools.


We are here to help!

As experienced, licensed counsel, we specialize in  IP:  Protecting trademarks, brands, trade names, DBAs, celebrity names, and other innovative, distinctions and designations - online and in the real world.
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