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Domain Name Dispute Attorney
A domain name dispute arises when someone else registers, sells or uses a domain name that could be confused with another’s trademark. Cybersquatting, an illegal act in connection with domain names, occurs when a domain name is registered, sold or used with the intent of profiting off of the goodwill of another trademark. For example, if a person registers a domain name that uses your trademark or the name of your existing business with the intent to sell the domain name to you for profit, that person is engaging in cybersquatting.
Recourse Against Cybersquatting
If you’ve been injured by a cybersquatter, you have options. The law permits two avenues of redress:
- Arbitration under the Uniform Domain-Name Dispute Resolution Policy (UDRP)
- Litigation under the AntiCybersquatting Consumer Protection Act (ACPA)
Redress under the Domain-Name Dispute Resolution Policy (UDRP) is typically the fastest and least costly approach in domain name disputes. It involves no physical appearance in a proceeding such as in a courtroom. Generally, a complaint and a response are filed before an arbitration panel and then a decision is rendered. By law, the decision cannot involve money. It only involves the question of who should have the domain name. Thus, the decision will determine whether the domain should be cancelled or transferred from the cybersquatter to the trademark owner. And the decision is usually provided within a few months from the filing of the complaint.
Redress under the AntiCybersquatting Protection Act (ACPA) is a claim that is brought in federal court. Thus, it involves litigation. Under the APCA, in addition to determining whether the domain name should be canceled or transferred from the cybersquatter to the trademark owner (as under the UDRP), the federal court can award the trademark owner monetary damages and a reimbursement of attorneys’ fees.
The attorney at Peacock Law Firm PLLC has experience handling domain name disputes. He has successfully represented trademark owners in disputes with cybersquatters, obtaining transfer orders for domain names. He would be glad to assist you in your domain name dispute.
Contact Peacock Law Firm PLLC Today for Assistance in Your Cybersquatting Case
Whether you are a trademark owner who has been the victim of a cybersquatter or you have been accused of cybersquatting, the Peacock Law Firm PLLC can help. The firm’s attorney has successfully assisted clients in domain name disputes, and he would be glad to put his knowledge and experience to work for you. Call the firm today at (214) 617-1000 or send an email for a consultation.