Trademark Domain Name Dispute

Ownership regarding security.

Trademark domain name dispute. Not all domain names are trademark protected but people inappropriately attempt to use trademark law to resolve domain name issues. All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp. While discussing each prototypical domain name dispute we will also discover the different statutes and dispute resolution procedures available in. A domain trademark dispute is a legal issue that arises between two businesses that are trying to use the same domain name.

Trademark infringement if you feel someone is using your trademark in a domain name click here uniform domain name dispute resolution udrp intake report system this system allows a party that has received a decision from an approved dispute resolution service provider to register a grievance as well as any other parties interested in. Domain name dispute policies. One complainant learned that lesson an especially hard way first by losing a urs determination and then by losing a udrp decision on the same domain name. 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.

Domain names can face two different types of disputes. A common example is when one party is using a domain that contains a trademark owned by the other party. How distinctive and famous is the trademark owner s trademark. No one owns the trademark but everybody wants the brand.

A proceeding through the udrp is commonly referred to as a domain dispute the udrp is available to recover a domain name if the owner of the domain registered it in bad faith or is violating u s. As you can probably guess a domain dispute occurs when multiple parties claim the right to use a particular generic top level domain name. I ve said many times that winning a domain name dispute under the urs is much more challenging than under the udrp but that doesn t mean trademark owners should take the udrp for granted. Domain names and trademarks are protected intellectual property and can therefore be enforced through legal action.

Trademark laws such as the lanham act or anti cybersquatting laws such as anti cybersquatting consumer protection act. Domain name dispute claims please refer to the uniform domain name dispute resolution policy the udrp if you have a concern or dispute about a registered domain name. Disputes prior to december of 1999 were handled. Wide use of the internet has taken trademark disputes into the digital world.

Any dispute regarding the registration of domain names will need to be sent either to the registrant to an icann approved arbitration provider or the court system.