With the rise of businesses entering the internet space, domain names have become very important for conveying brand names and brand images alike. This is why if you notice any domain name squatting or website counterfeits, you must take immediate action to protect your trademark. You can do so by filing a domain name dispute. Continue reading to learn when it is necessary to enter arbitration or litigation and how an experienced New Jersey domain name dispute lawyer of the Ingber Law Firm can fight on your behalf.
What is a domain name dispute?
The Uniform Domain Name Dispute Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) used to resolve disputes about the registration of internet domain names. Put simply, such disputes occur when more than one individual or group (i.e., trademark holder vs. non-trademark holder) believes that they have the right to register a specific domain name.
When do I have the right to file a domain name dispute?
You can settle your domain name dispute via arbitration or litigation. Regardless, to have a successful claim, you must establish the following points as true:
- The domain name in question is indistinguishable or otherwise confusingly similar to the trademark you have rights to.
- The registrant in question does not have the rights or otherwise legitimate interests in your domain name.
- The domain name in question has been registered and is being used in bad faith.
How is bad faith established in a domain name dispute?
In accordance with the UDRP by ICANN, the scenarios in which a domain name is being used in bad faith include the following:
- The registrant in question registered the domain name to sell, lease, or hand it over to you.
- The registrant in question registered the domain name to prevent you from imitating the mark in a corresponding domain name.
- The registrant in question registered the domain name to disrupt your business.
- The registrant in question registered the domain name to draw consumers to their website and confuse it with your mark.
If you require establishing any of the above claims in your case, do not hesitate in reaching out to 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.