As the owner of an original piece of work, you may have strategically registered your trademark or service mark with the United States Patent and Trademark Office. Therefore, an issue may surface if another party registers your mark as a domain name for their personal gain. This is commonly called cybersquatting; further, this commonly leads to a domain name dispute. Continue reading to learn how an experienced New Jersey domain name dispute lawyer at The Ingber Law Firm can help you better your chances to win.
How do I know if I should enter a domain name dispute in the first place?
Legal disputes, such as a domain name dispute, may be heavily draining for you, cost-wise and time-wise. This is why you must thoroughly consider whether you should take this legal action in the first place. The primary advantage of a legal dispute is that, if you win, the court may order you to receive monetary damages. But if you have not necessarily incurred monetary damages yet, but are rather working toward preventing such incidents, then you may consider alternative resolutions.
For example, you may consider purchasing the domain name from the other party outright. Or, you may consider sending a cease-and-desist letter to the other party. However, to avoid making an empty threat, sending this letter is best done if you are able and willing to initiate legal action if it does not work.
How can I better my chances to win a domain name dispute?
To commence your domain name dispute, you may submit a complaint under the Uniform Domain Name Dispute Resolution Policy with a resolution service, such as the World Intellectual Property Organization. Or, you may file a lawsuit in court under the Anticubersquatting Consumer Protection Act.
Regardless of which path you choose to take, the ultimate goal is to have the domain name canceled or transferred over to you. But to get to this point, you must satisfy your burden and proof and supplement your complaint with the necessary documentation. Without further ado, you may better your chances of winning in the following ways:
- You must retrieve sufficient proof that you are the owner of a registered or unregistered trademark that is confusingly similar to the other party’s domain name.
- You must retrieve sufficient proof that the other party does not have any legitimate rights or interests in the domain name.
- You must retrieve sufficient proof that the other party registered and used the domain name in “bad faith.”
In conclusion, you require the services of a skilled Essex County, New Jersey intellectual property lawyer before initiating your domain name dispute. So please schedule your initial consultation with us at The Ingber Law Firm today.