The Anticybersquatting Consumer Protection Act (ACPA) prohibits cybersquatters who attempt to sell a domain name to a trademark owner or a third party. And so, if you are a trademark owner who believes a cybersquatter has a bad faith intent to profit off your mark or has registered or used a domain name that is identical or confusingly similar to your mark, then you may be able to take legal action against them. Continue reading to learn whether you should undergo arbitration or litigation for your domain name dispute and how an experienced New Jersey domain name dispute lawyer at The Ingber Law Firm can guide you in the right direction.
When should I undergo arbitration for my domain name dispute?
First of all, the process of arbitration is based on the Uniform Domain Dispute Resolution Policy’s (UDRP) rules and regulations. And this policy was established by the Internet Corporation For Assigned Names and Numbers (ICANN).
Therefore, if you register your domain name with an ICANN-approved registrar, then you are contractually bound to the UDRP’s rules and regulations for arbitration. And so, the two options at your disposal are to either cancel or transfer the domain name that is being disputed.
If you choose the arbitration route, you may find that this is a relatively efficient approach to resolving your domain name dispute. You may also find that you will not be geographically limited and that you will not be financially struggling.
When should I undergo litigation for my domain name dispute?
On the other hand, the process of litigation will have to take place in the presence of a federal court. You may find yourself opting for this process right away, or it may be during or after an arbitration proceeding that did not go your way.
Because you will have to bring your claims forward in the presence of a federal court, it is important that you have supporting pieces of evidence. Such evidence should reference any trademark infringement, common law unfair competition, common law passing off, dilution claims, claims under the ACPA, or otherwise.
What is the statute of limitations for an intellectual property claim?
The ideal resolution for a domain name dispute is that a domain name is either canceled or transferred from one party to another. And so, regardless of whether you opt for arbitration or litigation, all that matters is that you take action toward achieving this.
Importantly, the statute of limitations for an intellectual property claim, such as that for a domain name dispute, is generally six years from the date of your incident. With that in mind, you should not hesitate in reaching out to a skilled Essex County, New Jersey intellectual property lawyer today. We will assess your case and figure out which path is best for your situation.
