If you believe someone is using your domain name in bad faith (e.g., obtained a domain name similar to your domain name or with slight typographical errors similar to your domain name or is using a metatag with your domain name or mark), you need the power of an experienced Internet attorney to send a cease and desist letter to have the offending domain name transferred back to you. We also handle domain name disputes through a process known as the Uniform Domain Name Dispute Resolution Procedure (UDRP).
A UDRP procedure is an administrative proceeding brought by aggrieved trademark holders either before the National Arbitration Forum (NAF) or the World Intellectual Property Organization (WIPO). An UDRP proceeding is an economical alternative to a traditional lawsuit, especially when the parties are located in different countries or it is not possible to locate the offending party. The only remedy if a party prevails in a UDRP proceeding is transfer of the offending domain name.
Another type of domain name dispute that offers more than the remedy of transfer of a domain name may be brought under the Anticybersquatting consumer protection act (ACPA), which is a type of lawsuit ordinarily brought in federal court to recover an offending domain name or to seek a declaration that a domain name does not infringe on someone else’s trademark rights. The advantage of bringing an ACPA claim is that money damages may be recovered, including sometimes attorneys’ fees.
If you are involved or about to be involved in a UDRP proceeding or ACPA matter, please contact Bernstein IP.