A domain name dispute can be handled quickly and cost-effectively through the UDRP process.
Domain Name Disputes
Domain name disputes arise when one party asserts rights to a domain name registered to another party. Possibly the most common type of domain name disputes involve claims of cybersquatting, the registration of a domain name that is identical or confusingly similar to a trademark in order to profit off of the trademark.
Notwithstanding the enactment of the Anticybersquatting Consumer Protection Act (ACPA), which carries penalties of up to $100,000 per violation, Domain name disputes are often submitted for decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), an administrative proceeding put in place by ICANN to govern trademark disputes over domain names.
The UDRP can be an effective mechanism for resolving certain types of disputes, although it also has its detractors. Although most UDRP decisions are principled, there are some panelists who evidence a bias against domain name investors or domainers in favor of corporate trademark holders. As a result, the “law” of the UDRP is complex, changing, and often contradictory. Contact one of our trademark attorneys to determine whether a UDRP is right for you, or if you've been served with a UDRP complaint.
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