Domain Name Disputes
As the Internet becomes the “marketplace of the future” your trademark rights on the Internet will be a very important. The explosive growth of the Internet has resulted in a dramatic increase in the importance of domain names in the conduct of business; thus sparking many trademark disputes and trademark litigation.
Businesses traditionally developed brand name recognition of their products and services by the use of trademarks and service marks. As domain names have, in many ways, become the equivalent of a company name and address for Internet commerce, competition for the limited number of available domain names increases. Claims for domain names, based on trademark disputes, result.
The firm has experience assisting companies with domain name disputes. We are here to provide you the information and action needed if someone is trying to take your domain name or if you need us to obtain a domain name that is rightfully yours because of your trademark rights.
The authority and responsibility for the registration and maintenance of domain names has changed over the years as the governance of these Internet issues has evolved. The current arrangement is that The Internet Corporation for Assigned Names and Numbers (“ICANN”) has centralized authority. Numerous registrars around the world have been granted authority by ICANN to register domain names. Other organizations are similarly granted authority to maintain the databases of domain names and information about the individuals and organizations that have registered the domain names.
Domain names are divided into hierarchies. The top level of the hierarchy is the portion of the domain name that follows the last dot in the domain name. Various countries have been allocated various top level domain names. For example .uk designates the United Kingdom and .fr designates France as the corresponding jurisdictions for the registration and maintenance of the domain names with these suffixes.
Each governing body for the various top level domain names has the authority to establish distinctive rules to govern the registration of domain names with its corresponding top level domain name suffix.
Although individuals and businesses based in particular countries are not limited to the registration of only the top level domain names which have been assigned to their country, a registrant must comply with the rules of the jurisdiction that governs the top level domain name that is being registered. For example, a company based in the United States can register a domain name ending in .fr, but the rules of the registrars of .fr domain names must be followed.
Since much of the initial growth of Internet usage has taken place in the United States, the top level domain names assigned to United States registrars have been among the most popular (ie., .com, .net, .org, .info & .biz). Although the first three suffixes were initially intended for use by particular types of organizations (.com for commercial enterprises, .net for Internet service providers and .org for nonprofit organizations) a particular type of company is not limited to the registration or use of its respective top level domain name suffix.
For a considerable period of time, Network Solutions, Inc. had the authority to both register and maintain the database of the top level domain names .com, .net, and .org. More recently, authority has been granted to a number of other organizations to be the registrars of these domain names. Since the central database (registry) of domain names can only effectively be maintained by one organization, an organization based in Virginia has the continuing authority to maintain the central database repository of information. Therefore, trademark litigation involving a domain name disputes is usually litigated in the jurisdiction of Network Solutions - where this law firm practices.
As increasing numbers of businesses and individuals have been registering domain names to establish their internet “names” and addresses, there has been increasing competition for the few available domain names that may be similar to a particular company name or product.
Furthermore, some individuals and companies have registered numerous domain names which are identical to the trademarks or company names of unrelated organizations. Commonly known as cybersquatters, these individuals and organizations may then actively or passively offer the domain names for sale to the company with the corresponding company name or trademark. Trademark disputes regarding the domain names have, therefore, been the result of this competition for these valuable internet addresses.
Domain names based on trademark disputes are handled differently in the various jurisdictions that have authority for various top level domain names. Since the most popular top level domain names are .com, .net, .org, .info & .biz, the domain name dispute resolution policies for these suffixes will be discussed here.
Trademark Disputes Concering the Suffixes .com, .org, .info & .biz
There are complex policies, rules, and procedures that govern the resolution of trademark disputes with respect to domain names. In addition to a core set of policies, rules, and procedures that are set forth in an ICANN document entitled “Rules for Uniform Domain Name Dispute Resolution Policy” there are also additional sets of supplemental policies, rules, and procedures that must be followed as a part of the arbitration process for each of the authorized arbitration organization.
In addition to the resolution of trademark disputes by the submission of the disputes in accordance with the Rules for Uniform Domain Name Dispute Resolution Policy, trademark litigation and other legal actions can also be initiated in the United States court system.
The firm has studied the numerous court decisions issued by the judges in lawsuits regarding domain name disputes. For some types of trademark disputes, it is more advantageous to begin a trademark litigation through the judicial system rather than to arbitrate in accordance with the rules of the Uniform Domain Name Dispute Resolution Policy. Furthermore, a court can grant an injunction to require an immediate action with respect to a particular domain name. Courts can also grant monetary damages and enforce the provisions of the recently enacted anti-cybersquatting legislation.
The court in which most trademark disputes based on domain names have been litigated is the federal district court with jurisdiction over Network Solutions, Inc, the organization which maintains the domain name database - in which this law firm practices.
The facts and circumstances of each domain name dispute should be carefully examined in order to determine the most advantageous course of action to resolve the particular trademark dispute. Some arguments are more effective before some arbitrators than they are before other arbitrators. Various remedies are also available if trademark litigation is initiated in particular courts.
As a law firm with considerable experience handling trademark disputes based on domain names, we have developed expertise in this field. This expertise can provide you with the assurance that the planning of your domain name strategy and the protection of your trademark rights on the Internet will be handled in a manner that will optimize the results for you and your company. We can carefully review your situation, recommend the most advantageous strategy and pursue the most appropriate course of action on your behalf.
Let us become part of your team - to fight for you to achieve your objectives!
We will be delighted to talk with you.
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Disclaimer: Results vary, of course, and depend upon many factors unique to each case. The case results described here do not guarantee or predict a similar result in your case or in any future case undertaken by our firm. Since the states in which we are licensed have not established specialty certification procedures, we cannot describe our lawyers as being state-certified specialists. However, since we limit our practice to trademark and business matters, we have developed expertise in trademark issues. Legal services are not provided by this firm to residents of Virginia.
