Domain Disputes Beyond .com, New gTLDs, Country Code TLDs, and the URS
The domain extension can determine which administrative procedure applies, what a complainant must prove, and whether the available remedy is suspension or transfer.
Read MoreDomain name dispute insights on UDRP strategy, the ACPA, in rem actions, bad faith, and legitimate interests.
The domain extension can determine which administrative procedure applies, what a complainant must prove, and whether the available remedy is suspension or transfer.
Read MoreA domain dispute often begins months before anyone files a complaint. You announce a product before acquiring the matching domain, a web developer registers the name through a personal account, or a renewal notice goes to an employee who left the company.
Read MoreA trademark owner who discovers that a cybersquatter has registered a domain name incorporating the owner's mark has two primary enforcement options. One is federal litigation under the Anticybersquatting Consumer Protection Act, which is covered in a separate article.
Read MoreBad faith often determines the outcome of a domain dispute because similarity alone says little about why someone selected a domain.
Read MoreA domain registrant may hide behind false information, a privacy service, or an address outside the United States. Those circumstances can prevent a trademark owner from identifying a defendant or establishing personal jurisdiction. The [Anticybersquatting Consumer Protection Act](https://uscode.house.gov/view.xhtml?req=%28title%3A15+section%3A1125+edition%3Aprelim%29) addresses that problem through an in rem action against the domain name itself.
Read MoreA domain can resemble a trademark without belonging to the trademark owner.
Read MoreThe UDRP can protect trademark owners from cybersquatting, while Rule 15(e) addresses complaints brought in bad faith to deprive registrants of domain names.
Read MoreA domain name dispute may require more than transfer of the registration. The Uniform Domain Name Dispute Resolution Policy offers a focused administrative procedure when the trademark owner seeks transfer or cancellation. It offers no damages, discovery, or injunction against registrations beyond the domains named in the complaint.
Read MoreA misspelled or deceptive domain can divert customers, imitate login pages, redirect traffic, or support fraudulent email. This article explains UDRP proceedings, ACPA claims, abuse reports, monitoring, and defensive registration.
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