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Domain Name Disputes

Domain names have real value. And wherever there are valuable property assets, there are disputes over ownership of those assets. In recent years laws and policies have been established to deal with domain name disputes, but interpreting these laws often requires formal legal training. As such, domain name owners involved in domain name disputes should consult knowledgeable legal counsel. At Walton Law Firm, we can guide you through the entire domain name dispute process.

We prosecute and defend domain name cases

You may have recently received an improper Cease and Desist (C&D) letter from an overzealous trademark holder, or you may be a trademark owner victimized by a competitor’s abusive domain name registration. In either case, Walton Law Firm can help.

How we resolve domain name disputes

When prosecuting a domain name case we usually begin by sending a C&D letter. If we do not obtain the desired result from a C&D letter then we have several options. The two most common options involve filing either a complaint under the Uniform Dispute Resolution Policy (UDRP), or filing a lawsuit in Federal Court under the Anticybersquatting Consumer Protection Act (ACPA).

UDRP Complaint

The UDRP is a policy that all domain name owners agree to whenever they register a top-level domain name (.com, .net, .org). The UDRP provides a quick and relatively inexpensive arbitration procedure to resolve domain name disputes. However, the UDRP is only useful in certain situations, such as where the plaintiff can prove that the domain name was registered and used in “bad faith” by the defendant. Also, under the UDRP no monetary damages may be awarded. Because of these limitations, it sometimes makes more sense to file a lawsuit in Federal Court under the ACPA.

ACPA Lawsuit

The ACPA is a federal law that protects trademark owners from abusive domain name registrants. Under the ACPA, a court may order cancellation or transfer of a domain name from a cybersquatter to the lawful trademark owner. Additionally, under the ACPA, a successful plaintiff may receive statutory damages of up to $100,000 per infringing domain name.

When you need legal counsel from a law firm that gets domain name law, then contact Walton Law Firm.