If you own a website, you may be prone to a domain name dispute. These disputes can either regard you objecting to another party’s domain name or receiving an objection concerning your domain name. Regardless, these disputes are serious and can have a drastic impact on your domain name, so it is important that you understand your rights in the matter. Follow along to discover how an experienced New Jersey domain name dispute lawyer at Ingber Law Firm can help you in navigating this situation.
How can the Anticybersquatting Consumer Protection Act (ACPA) support my domain name defense?
The ACPA was established to stop cybersquatters who did not intend to create a legitimate website, but instead to sell the domain name to the trademark owner or a third party. As a trademark owner, you may take legal action against a cybersquatter if you can prove the following:
- The other party has a bad faith intent to profit from the mark.
- The other party registers or uses a domain name that is identical or confusingly similar to your distinctive mark.
How can arbitration resolve a domain name dispute?
Ultimately, the resolution to a domain name dispute may be the cancelation or transfer of a domain name from one party to the other. To get to this resolution, the parties can opt for the arbitration or the litigation route, so long as they display amicable conduct.
Regarding arbitration, this process is governed by the rules and regulations of the Uniform Domain Dispute Resolution Policy (UDRP), which was set forth by the Internet Corporation For Assigned Names and Numbers (ICANN). So, for example, if you register a domain name with any of the ICANN-approved registrars, you become contractually bound to the UDRP rules and regulations for arbitration. Furthermore, the two resolutions available in arbitration are cancelation or transfer of the domain name in issue. The following are a few benefits with choosing the arbitration route:
- It is a relatively fast-track approach to resolving your dispute.
- It is geographically unlimited in its use.
- It is a relatively inexpensive means of resolving ownership issues.
How can litigation resolve a domain name dispute?
As for litigation, this is an approach that takes place in the presence of a federal court. It can be initiated in lieu of, during, or after arbitration. During these proceedings, you may bring the following claims to the forefront of your defense, so long as you have the evidence to back them up:
- Trademark infringement.
- Common law unfair competition.
- Common law passing off.
- Dilution claims.
- Claims under the United States Anticybersquatting Consumer Protection Act.
If you require assistance with resolving your domain name dispute, whether you prefer the arbitration or litigation course, it is in your best interest to consult with a skilled Essex County, New Jersey intellectual property lawyer today.
CONTACT OUR ESSEX COUNTY, NEW JERSEY FIRM
Whether you’re looking to register a copyright or trademark, are facing a dispute, or otherwise require the assistance of an experienced New Jersey intellectual property lawyer, you’re in the right place. Contact Ingber Law Firm today to schedule your initial consultation with our skilled and dedicated legal team.