On the Internet, a domain name is a string (i.e., the unique name that appears after www. in a web address) that is used to identify products and services that a business may offer online. If you notice any squatters on your domain name, you must immediately take action to protect it. Continue reading to learn how you can protect your domain name and how an experienced New Jersey domain name dispute lawyer at the Ingber Law Firm can work on your behalf.
How do I protect my domain name?
To reiterate, if you believe that a squatter is infringing upon your domain name rights, then you must object to it. With a successful dispute, the other party may have their domain name rights canceled or transferred over to you. But if an amicable solution cannot be reached at this point, then you may have to enter arbitration or litigation proceedings.
Namely, arbitration is governed by the rules established in the Uniform Domain Dispute Resolution Policy (UDRP), which is part of the Internet Corporation For Assigned Names and Numbers (ICANN). On the other hand, is governed by the rules established in the federal courtroom, and it may commence instead of, during, or after arbitration.
What defense can I take for my dispute?
Regardless of whether you enter arbitration or litigation proceedings, you must make a strong defense to protect your domain name. Examples of possible defenses include, but are not limited to, the following:
- You may defend that the domain name in question is indistinguishable, and therefore confusingly similar to the domain name you have the trademark rights to.
- You may defend that the registrant in question does not have the rights to your domain name, and therefore does not have a legitimate interest in your domain name.
- You may defend that the domain name in question is being used in “bad faith,” and therefore hurting your business and its profits.
Of note, claiming “bad faith” is one of the most common defenses taken in domain name disputes. You may further back up this defense with any of the following statements:
- You may defend that the registrant in question registered the domain name with the intention of selling or leasing it back to you.
- You may defend that the registrant in question registered the domain name with the intention of drawing consumers to their website that they confuse with your website.
- You may defend that the registrant in question registered the domain name with the intention of disrupting your business practices.
In the end, a skilled Essex County, New Jersey intellectual property lawyer is ready and willing to stand by your side throughout your domain name dispute. Contact the Ingber Law Firm today.
