Domain Name Dispute Lawsuit

However nissan computer was named after its owner uzi nissan.

Domain name dispute lawsuit. You also shouldn t use arbitration if the domain name holder s infringement has cost you money. The dispute of domain name is a conflict which arises when more than one individual or group believe that they have the right to register a particular domain name. Under the policy most types of trademark based domain name disputes must be resolved by agreement court action or arbitration before a registrar will cancel suspend or transfer a domain name. Domain name dispute policies.

Nissan motors considered nissan computer s use of the name to be trademark dilution and laid claim to the domain by alleging cyber squatting. This is not squatting though it could be trademark infringement. It would seem in these cases where both parties have trademark rights that the first to register the domain name would be able to keep it. The best alternative to pursuing a domain name dispute through the courts is to take advantage of the domain name dispute policies that have been developed by the organizations that assign domain names.

For example the domain name holder may actually be using the name on an active website. A component of hinch newman s internet law practice includes the representation of clients in trademark infringement cases involving domain names. But often a domain name registrant will quickly offer to settle a dispute and transfer the domain name to the trademark owner that filed the complaint. If the domain name holder is not cybersquatting then you will need to file a lawsuit.

All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp. The new procedure entitles any party to lodge a complaint against a za domain including co za net za web za and org za if the domain name takes unfair advantage of the rights of that party or is contrary to law or likely to give offence to any class of persons. Most frequently a domain name dispute would arise when a domain name comparable to a registered trademark is registered by an individual or association who is not the trademark holder. The case received international press attention following microsoft s perceived heavy handed.

Microsoft argued that their trademark had been infringed because of the phonetic resemblance between microsoft and mikerowesoft. An experienced domain name dispute lawyer can assist you to preserve your intellectual property rights from misappropriation by securing your domain name this should be a top priority.