Archive for the ‘Cybersquatting Law’ Category

How to Get Your Domain Name Back From a Domain Name Theft

Wednesday, December 18th, 2013

Stolen domain names and domain theft are all to common. Sometimes, the person who seals a domain name has access to the registrants account with the register. Their former employee, partner, or website developer. Now that they control the registrants account, they essentially control the domain name.

What our cybersquatting law attorneys typically see is a falling out between parties. Once a dispute arises, the person who controls the domain names starts using that as leverage for some other purpose. Domain name theft can take a variety of different forms. But the end result is the same. Your website is held hostage by someone who does not own the trade mark or the domain name itself.

There are a variety of different techniques our domain name attorneys use in order to get a domain name returned. The domain name theft needs to be dealt with quickly and directly. If you have trademark rights in the words which comprise the domain name, you have leverage. If you have a trademark registration for your trademark, you get even more leverage. The first thing that you need to do though is make sure that you address all the various options for securing your domain name before launching the first strike. Contact one of our domain name lawyers for more information.

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Final Rights Protection Mechanism (RPM) Requirements For New gTLD (Generic Top Level Domain) Registries

Sunday, December 1st, 2013

On October 1, 2013, ICANN (Internet Corporation for Assigned Names and Numbers) published its final Rights Protection Mechanism (RPM) Requirements for the new gTLD (Generic Top Level Domain) registries. This allows people who hold trademarks to be protected during the Domain Name System expansion.

Trademark protections were developed as the new gTLD program begins, they include trademark claims as well as the sunrise services, which are required for all new gTLD’s. The RPM requirements enumerated in the final publishing are mainly concern the implementation of the new gTLD registries. This list of final requirements reflects the feedback given by various stakeholders during the ICANN conference in Beijing in April of 2013.

Here are some highlights of the final Rights Protection Mechanism Requirements:

  • - There are several protections given to those participating in the “Sunrise Period”. This benefit is for trademark holders who meet the requirements given by ICANN who are given the opportunity to register domain names prior to the opening of General Registration .
  • - There are several requirements detailing the notice of registration periods to ICANN.
  • - There are protections for the time and duration of the Sunrise Period.
  • - There are regulations concerning Sunrise Period eligibility.
  • - Registration mechanisms are explicated as well as protections surrounding them.
  • - There are several Sunrise Period technical specifications concerning its implementation.

For more information concerning the requirements issued by ICANN, please click here: http://www.thedomains.com/2013/10/01/icann-publishes-the-final-rights-protection-mechanism-rpm-requirements-for-new-gtld-registries/

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What is a gTLD?

Tuesday, October 29th, 2013

What is a gTLD video blog post

Chances are you have heard te acronym gTLD if you work in almost any industry related to the internet. gTLD stands for “Generic Top Level Domain” and refers to the new generic terms that will be replacing .com, .net, and so on. So, instead of Nike.com you could be typing in Nike.shoes or shoes.nike, in its most basic definition, a top level domain is the last section of a web address. So that means .com is also considered a top level domain. But .com has been around for decades, and it is old news. We’re talking about the thousands of new top level domains that will start to appear at the end of this year. That’s right, we’re moving from a dot com world to a dot anything world in the next couple months. Top level domains can be generic terms like .books or .ski as well as branded words like .microsoft or .google. Soon you will start to see these new gTLDs in use for all sorts of different reasons. Lets say you own a store called My Store, would you use mystore.com or simply my.store? Now that .com web addresses have nearly been used up, these new gTLDs will be a cheaper and more industry specific way to get your website up and running. Questions you may have about the gTLDs such as how much a gTLD costs as well as what a gTLD is used for will be answered in the video series above.

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Cybersquatting on Personal Names

Friday, September 27th, 2013

More and more people are familiar with traditional cybersquatting, which is the registration used for trafficking in the domain name corresponding to the trademark of another with a bad faith intent to profit from that trademark of another. However, cybersquatting also entails registration and use of personal names and as domain name. Although 15 USC 11 25 D, which is the anti cybersquatting consumer protection act statue, it is one that more trademark attorneys and domain attorneys are familiar with, there’s a separate statue dealing directly with cyber piracy protections for individuals. Namely, 15 USC 81 31 provides civil liability for any person who registers a domain name that consists with a name of another living person, or names substantially confusing or similar to that living person, without that persons consent, with a specific intent to profit from that name by selling the domain name financial gain to that person or any third party.

Continue reading Cybersquatting on Personal Names »

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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? »

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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 »

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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? »

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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 »

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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 »

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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.

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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