Domain Name Disputes (UDRP & ACPA) Lawyer
A cybersquatting and domain name dispute lawyer primarily deals with issues of domain control and branding. With the rise of digital marketing, the cybersquatting domain disputes have unfortunately become the norm, and they usually involve an alleged infringement or bad faith registration of a domain having a registered service mark or trademark.
At Drishti Law, we understand that these problems are serious and can potentially harm the entire business. Therefore, one of our practice areas involves helping trademark owners and businesses prevent third-party unauthorised use of their domain names. Apart from these, we also help domain registrants in protecting their rights to register and use domain names for commercial purposes.
Uniform Domain Name Dispute Resolution Policy (UDRP)
As an extension to our Trademark, Copyright & IP Litigation services, our principal IP attorney at Drishti Law advises clients on a wide range of UDRP matters. We represent clients before different domain name dispute forums such as the World Intellectual Property Organisation (WIPO), National Arbitration Forum (NAF), and various state and federal courts in the U.S.
Domain Name disputes can include cybersquatting claims under the UDRP, commercial disputes regarding ownership of a domain name or hijacking of a domain name. In cases where dispute settlement appears to be difficult between parties, our domain name attorney takes the case for UDRP proceedings and in Federal Courts across the U.S. concerning claims filed under the Anticybersquatting Consumer Protection Act (ACPA).
Whether it is done by placing an additional letter in a URL, by adding further words to a valid web address, or by domain name registration and usage fraud, cybersquatters use these tricks to establish domains that are often able to pass internet security software. These activities make the name appear as legitimate to an average observer. Once compromised, there are chances that these attackers use the domain for a broad range of illegal uses, which are directly dangerous to the aforementioned business.
The said harmful illegal activities can include sending such emails that intercept vendor payments or ones that cause other kinds of financial fraud. Ultimately, both have the potential to cause substantial financial loss or reputational harm to a business.
Now it is important to ask what the potential reasons are behind domain name disputes. The answer is that there are plenty of them. They may be caused by commercial rivalry, falling out in business relationships, theft, efforts to opportunistically profit, and most of all, overreaching claims on the part of the trademark proprietors.
Furthermore, there are many misunderstandings regarding what is acceptable behaviour related to the registration and use of domain names.
To combat all of these, our IP attorney at Drishti Law specialises in domain name disputes so that he can help guide our clients in finding out the best alternative routes available for problem resolution and choosing the most desirable course of action in the given circumstances. Over a short period, he has gained extensive experience in this field, which allows him to expertly handle all types of Domain Name disputes.
Domain Name Infringement or Cybersquatting Dispute Resolution Procedure
In general, domain name disputes involve an alleged perpetrator who has registered a confusingly similar domain name and a third party that wants to challenge that wrongful registration. It is important to note that if you want to challenge an infringed domain name registration, you would have to file your dispute with the correct service provider.
To clarify the rules on challenging domain names, the Internet Corporation for Assigned Names and Numbers (ICANN) has approved a temporary definition for generic top-level domains in 2018. This definition applies to all the UDRP proceedings which have been initiated after July 2015.
According to these new rules, a domain name can be opposed on the basis of trademark registration. In other words, a trademark owner can use their registration as grounds for retaining their claim over the impugned domain name.
It is important that the conflict is resolved in one of the following ways before the domain name is permanently cancelled:
- A mutual agreement/settlement between the parties
- Competition in the arbitration procedure
- A court ruling to cancel the domain name
Generally, under UDRP proceedings, settlements may take 45 days or even less than that. Additionally, it’s relatively easier to apply for a domain name dispute in an international forum. In the event your case needs to go to court, it may take a little longer, however, the ACPA rules will allow you to seek statutory damages.
Having said that, you will have to keep in mind that there will be no monetary relief under a UDRP arbitration, so you will have to carefully weigh your options before making the choice.
Domain Name Dispute Attorney at Drishti Law
Our law firm is experienced in handling domain name disputes and UDRP matters. We have represented clients from all backgrounds, ranging from small to large businesses. Our strategy at Drishti Law is fairly straightforward; we collaborate with our clients in conducting a detailed assessment of the weaknesses present in their IP strategy and then devise a plan to defend them against cybersquatting.
If there is a fraudulent registration of a domain, we utilise our UDRP filing experience to revoke that registration, and if needed, we resort to filing a trademark lawsuit to enforce the client’s position. Our strategies are formulated keeping in mind our clients’ interests so that it is beneficial to them and avoid any potential harm or unnecessary expense.
UDRP & Domain Name dispute services are another service offering amongst our Trademark, Copyright & IP Litigation services. Digital presence is part and parcel of commercial marketing strategy, therefore, our services ensure that we also offer our clients this form of intellectual property protection.
At Drishti Law, we are capable of handling any case that falls under the category of e-commerce, internet and media law. Ultimately, clients come to us for innovative solutions that enable them to grow and defend their online presence and platforms, all the while complying with the applicable state and federal regulations.
You can reach out to Drishti Law at 773-234-1139 for a free consultation. Our experienced IP attorney is here to guide you through the process and resolve all your IP-related queries, helping to ensure that your brand receives the protection it deserves, both online and offline, under state and federal laws.