Domain Name Cybersquatting: Trademark Infringement of Domain Names
What is domain names cyber squatting?
Most people who have domain name issues don’t understand the terminology involved; often, domain name issues are in fact Trademark Infringement matters. Your domain name his like the sign above your door at your business. It is in most cases, your domain name matches your trademark (registered or unregistered). Often times, the your domain name matches your exact company name or product name. If your domain name matches your trademark, anyone who registers a domain name that is the same or similar to your trademark is engaging in trademark infringement.
Why is it important to know if my domain name is trademark protected?
When analyzing a domain name legal issue, the first thing you want ask yourself is whether or not this is really a trademark infringement matter. A good trademark infringement lawyer will understand the trademark issues. A good trademark infringement lawyer who specializes in domain names will understand the legal issues better.
In order to provide legal advice on domain name issues, your lawyer needs to understand how the domain name registration system works from both a policy and technology standpoint. There are special laws which apply to trademark domain name issues.
What if I don’t have trademark rights in my domain name?
Sometimes someone steals your domain name out of your domain registrant account (GoDaddy) and there are no trademark rights involved. Generic or descriptive domain names are often registeredBuy companies distinct from their company name, brand or product name. If you do not have trademark rights in your domain name, that you need to control your domain registrar account.If someone steals your domain name out of that domain registry account, the issuesInvolved fast not trademark. Many people refer to this as domain name hijacking.
Whatever your domain name legal issue is, you will need to hire an attorney who can help you get your domain name back. You want to be very careful about the very first communication with the person who stole your domain name or who is registered your trademark is a domain name. Too often, clients come to our domain name attorneys having engaged in a number of email threats back and forth. This puts the attorney at a disadvantage. Once people get emotionally involved in their legal position, it is very difficult to get them to change their position. Another way of thinking about it is this. You only get one chance to fire the first bullet, chances are the person he is going to get away.
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