Archive for the ‘Cybersquatting Law’ Category

UDRP Attorney Update: Should you flee or fight a UDRP complaint?

Monday, February 25th, 2013

A large number of UDRP complaints are never responded to by the respondent.  As  a UDRP attorney specializing in both complaints and responses to Uniform Domain-Name Dispute-Resolution Policy arbitration proceedings, I see it all the time.  Some respondents don’t participate because they don’t want to spend the money on a UDRP lawyer to go through the process of filing a response.  These clients think it’s too complicated to respond to the UDRP themselves.  Other people simply don’t want to take  the time to do the paperwork themselves.  After all, they may have only spent $30 or $40 on domain registration fees. Continue reading UDRP Attorney Update: Should you flee or fight a UDRP complaint? »

Cybersquatting Report

Thursday, June 21st, 2012

Traverse Legal offers a cybersquatting report that enables us to identify using various what other domains might be out there that correspond to your trademark.  Now, keep in mind, cybersquatting is when someone registers uses or traffics in a domain name that is confusingly similar to a trademark that you own with a bad faith intent to profit from it.

Continue reading Cybersquatting Report »

What is Bad Faith Cybersquatting under the ACPA?

Monday, June 4th, 2012

So what is bad faith cybersquatting, and what does a plaintiff who has filed an ACPA cybersquatting lawsuit have to prove? And what does the defendant have to establish in order to avoid a finding of bad faith under the ACPA? There are a number of non-exhaustive factors that a jury is going to look at, in determining whether or not someone has registered, used, or trafficked in a domain name, with a bad faith intent to profit requisite under the act.

Continue reading What is Bad Faith Cybersquatting under the ACPA? »

Hire a UDRP Attorney for Your UDRP Complaint

Tuesday, May 8th, 2012

UDRP arbitrations under the Uniform Domain Name Dispute Resolution Policy are much more simple than, say, cybersquatting litigation, filing a cybersquatting lawsuit in a federal court, but they still require a level of expertise. A UDRP complaint needs to deal with the basic elements as spelled out under the Uniform Domain Name Dispute Resolution Policy if you are going to have any chance of winning your UDRP proceeding. A good UDRP lawyer is going to be able to assess your case even before filing the complaint to tell you what your odds are of being successful in achieving what you’re always after in a UDRP arbitration, which is an order that the domain name should transfer to your control. Continue reading Hire a UDRP Attorney for Your UDRP Complaint »

How to Deal with Cybersquatting

Monday, January 9th, 2012

Welcome to Cybersquatting Law Radio where domain name, cybersquatting, and trademark domain name issues are always the hottest topic of discussion.  Whether you are a trademark owner who believes they are a victim of cybersquatting or a domain owner wrongly accused of trademark infringement, you will find all the tips you need to protect your rights right here.

This is Brian Hall, an attorney with Traverse Legal, PLC, a law firm dealing with cybersquatting issues throughout the world.  Today, I will be answering the question: “How to deal with cybersquatting?” Continue reading How to Deal with Cybersquatting »

Why Hire An Experienced Cybersquatting Attorney For Your Case?

Thursday, January 5th, 2012

When you are selecting an attorney to represent you on any matter, it is important that you hire an attorney who specializes in the issue that you are facing. Cyber squatting is a very specialized cause of action. Sometimes, a general practitioner will try and convince that they are able to handle a UDRP or ACPA matter. That same attorney might convince you that they can handle a cybersquatting case because they have trademark infringement experience. As an attorney who specializes in cybersquatting law, I am contacted all the time why clients previous lawyer provided them really bad advice. Sometimes, an inexperienced lawyer will advise their client to send a threat letter to someone they believe it is engaging in trademark infringement with regard to a domain name. Lawyers love threat letters. But a good lawyer will analyze your particular situation before making a move. The best cyber squatting lawyers will do a full analysis of your particular situation before making a recommendation about whether you should move forward, and if so what options meet your particular client goals the best.

As an experienced cybersquatting attorney, I talked to clients all the time whose prior attorneys recommended course of action which made a bad situation much worse. Practicing Internet law at a high level requires that the attorney do much more than simply jump through hoops or send boilerplate letters. An experienced cyber squatting lawyer understands how domain disputes work and have handled issues just like yours, including cybersquatting cases and litigation, on many previous occasions. The key to good legal representation is strategy. When it comes to cybersquatting and domain disputes, there are a number of possible approaches and legal strategies which can be pursued whether or not you are an offense or defense. Picking the right strategy is the most important decision that you will make in your case. Beware the attorney who fails to give you a number of options in dealing with a cyber squatting claim or cyber squatting defense. This is a sure sign that the attorney is simply jumping through hoops and generating attorneys fees rather than focusing in on client goals and analyzing potential results. Contact a cybersquatting lawyer today for more information.

What Is Cybersquatting?

Tuesday, December 27th, 2011

Commonly known as domain squatting, the definition of cybersquatting is different under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Resolution Policy (UDRP). Essentially, it is the registration, use of attempt to sell a domain name with bad faith intent to profit from the goodwill of a trademark belonging to another. In many cases, the cybersquatter offers to sell the domain to the trademark holder at an inflated price.

Another form of cybersquatting is typosquatting. Typosquatting relies on typographical errors made my Internet users when inputting a web address into the web browser, such as intentionally swapping an “o” for a “p” in the domain name. Other common typosquatting practices include using the plural of the domain, a common misspelling or a different top level domain such as .org or .net.

If you would like to know more about cybersquatting and typosquatting, contact one of our internet lawyers today.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan
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