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:
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.
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.
Anderson Law - WE PROTECT IMAGINATION ®
Offices in Southern California ... websites, everywhere!