Kronenberger Rosenfeld handles all forms of domain name disputes, including
cybersquatting, "typo-squatting," and other domain-based trademark
infringement. Our anti-cybersquatting lawyers also handle domain name theft (aka domain hijacking)
and domain transfer fraud matters.
There are two primary options if a third party has registered a domain name with your trademark, business name or personal name.
ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP).
The first option is to file a complaint with ICANN under its arbitration procedures and request that the domain be transferred to you. When a domain is registered, the individual or business registering the domain submits to mandatory arbitration in the event of a future dispute. ICANN arbitrations are substantially cheaper than federal litigation. Another advantage of ICANN arbitrations is that results can be obtained more quickly than in litigation (sometimes in 60 days). Kronenberger Rosenfeld handles many ICANN arbitration cases on a flat fee basis. Click here for more on our experience with ICANN arbitrations, or you can submit your matter to us now using our online case submission form.
Anticybersquatting Consumer Protection Act (ACPA).
The federal ACPA is a second option for trademark owners. Under the ACPA, trademark owners can seek not only transfer of the disputed domain, but also monetary damages. Our firm has experience in federal court with this fairly new statute. If you would like more information, please submit your matter using Kronenberger Rosenfeld's online case submission form.
No Federal Trademark, But Still a Victim? If you feel that someone has registered a domain (containing, say, your business or product name) and is competing against you unfairly, you may be able to assert your "common law trademark rights," even though you have not registered a trademark with the federal government. Common law trademarks have been the basis for both ICANN arbitration complaints and complaints under the federal ACPA. If you would like to know whether you can assert common law trademark rights in your domain dispute, please submit your matter using our online case submission form.
For additional details on domain law matters, you can also call Kronenberger Rosenfeld at 415-955-1155, ext. 120.
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