Domain Name Disputes
We Can Help You Take Control of Your Domain Dispute
You should expect to own and use your domain name. However, a trustworthy and knowledgeable lawyer may be needed if you are engaged in a dispute, or your desired domain is owned by a "cybersquatter". Cybersquatters can happen to any individual or business, and can result in one using your ideas, trademarks, or copyrights for personal gain.
When it happens to your domain, it's a commercial threat that needs to be eliminated. Thankfully, there is recourse for domain owners under the under the ACPA - Anticybersquatting Consumer Protection Act. With several successful UDRP prosecutions under our belt, Manevitz Law Firm stands ready to help you evict cybersquatters and solve your domain name disputes.
Not sure if you have a valid case? Let us review your situation in a free initial case evaluation.
How Can I Evict Cybersquatters?
While the process of proceeding under the UDRP (Uniform Domain Name Dispute Resolution Policty) Administrative Procedure may seem straightforward, getting your desired results is far more challenging. In order for you to actually get through the process successfully, you will need to provide massive amounts of data, rhetoric, and facts that prove your case.
A UDRP Administrative Procedure consists of the following steps:
- You start by filing a complaint with an ICANN-accredited dispute resolution service provider;
- Respondent (the party the complaint is filed against) then files a Response/Answer to the Complaint;
- An Administrative Panel is appointed by the ICANN provider;
- A decision will be issued by the panel;
- Finally, the registrar of the domain name(s) will implement the panel's decision.
Proving your case can take hundreds of hours of your time, but an experienced attorney from Manevitz Law can help build a strong case on your behalf. Call (973) 594-6529 to get started.
What Will I Need to Prove?
- The domain name you are trying to protect is identical or similar to a trademark or service mark in which the complainant (you) has rights;
- That the registrant does not have any rights or legitimate interests in using the domain name; and
- The domain name is being willfully used in "bad faith" by the registrant.
You will need to be able to present legal arguments on why a domain name registered to someone else should be cancelled or transferred to you, which can require quite a bit of evidence. In order to proceed with this kind of case, you need the legal expertise of our experienced attorneys at Manevitz Law Firm.
What Is the Anticybersquatting Consumer Protection Act?
Congress passed the Anticybersquatting Consumer Protection Act in November of 1999, due in large part to the fact that many major corporations and notable celebrities were having their names tarnished or misrepresented. This legislation makes it easier for individuals and companies to protect their trademark and be given registrant status over domain names that are confusingly similar to their names or valid trademarks. To do so, however, they must establish that the domain name holder acted in bad faith—this is where Manevitz Law Firm comes in.
Questions to ask yourself as you consider this course:
- Is it possible the registrant has trademark rights in the domain name?
- Is the domain name some other name that is otherwise commonly used to identify the registrant?
- Has the registrant made use of the domain name in connection with a bona fide sale of goods or services prior to dispute?
- Is the registrant using the mark in a noncommercial or fair use way at a web site accessible at the domain name?
- Is the registrant attempting to divert consumers from the trademark owner's website in an attempt to harm or tarnish the trademark mark?
- Has the registrant offered to sell the domain name to the trademark owner (or anyone else) for financial gain without having any intent to use it?
- Has the registrant behaved in a pattern of registering and selling domain names without intending to use them in connection with the sale of goods or services?
Contact Manevitz Law Firm Today
If you know of a domain name that is infringing on your trademark or person, let us help you take control of this case. Or, if you have registered a domain name that is being used properly, but a large corporation is trying to obtain it, you need our expertise to help you maintain control of your rights.
