Internet Law and Domain Name Disputes
What Is Internet Law?
How Can Johnson & Martin, P.A. Assist With Issues Related to Internet Law?
- Software patents, including the patent application for mobile device software applications
- Design patent protection for on-screen digital icons and graphical user interfaces (GUIs)
- Website and e-commerce related trademarks
- Internet common law and domain name-related trademark searches
- Copyright protection for websites; text, images and other works displayed over the Internet
- Copyright protection for software code
- Software license agreements
- Website privacy policies
- End-user license agreements (EULAs)
- Website development agreements
- Website purchase agreements
- Software development agreements
- Online marketing agreements
- Electronic data retention policies
- Domain name transfer agreements
- Cybersquatting disputes, including in rem civil actions against domain names
- Domain name disputes (or UDRP proceedings)
- Patent infringement disputes related to websites or other online activities
- Trademark infringement disputes related to websites or other online activities
- Copyright infringement disputes related to websites or other online activities
- Online defamation disputes
- Online right of publicity and privacy disputes
What Is Cybersquatting?
(i) identical or confusingly similar to a registered trademark that was distinctive at the time of registration of the domain name, or
(ii) identical or confusingly similar to or dilutes a registered trademark that was famous at the time of registration of the domain name,
by an individual or business entity having a bad faith intent to profit from the mark. Under the U.S. federal anti-cyber squatting law, a trademark owner may file a civil lawsuit seeking damages and injunctive relief for violations of trademark rights by a party engaged in cybersquatting. In litigation related to such violations of trademark rights, the goods and services of the cybersquatter are not required to be identical, similar, or related to the goods and services of the trademark owner for liability to be found.
Can a Lawsuit for Cybersquatting Be Filed When the Domain Name Owner Cannot Be Located?
Can a Lawsuit for Cybersquatting Be Filed Against the Domain Name Registrar?
What Is a Domain Name Dispute?
In the absence of a negotiated settlement of such dispute between the parties involved, domain name disputes are generally settled either through (i) non-binding arbitration known as a domain name dispute (also known as a domain dispute resolution or a UDRP) proceeding, or (ii) litigation. Domain name dispute proceedings are a lower-cost alternative to cybersquatting litigation in court for enforcing a trademark owner’s trademark rights against a cybersquatter.
Domain name dispute proceedings are governed by the Uniform Domain-Name Dispute Resolution Policy (UDRP) established by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP governs domain name disputes related to all domain names registered under the major top-level domains including disputes related to .asia, .biz, .com, .info, .mobi, .net, and .org domain names, among others. All domain name registrars engaged in the business of registering domain names under these top-level domains must abide by the UDRP and the decisions of an ICANN-approved dispute-resolution service provider in any domain name dispute proceedings.
Domain name dispute proceedings are decided by either a single-member or three-member panel of arbitrators as decided by the parties involved in the dispute. Generally, in-person hearings are not required or permitted. ICANN maintains a list of approved dispute-resolution service providers.
Under What Circumstances Can a Domain Name Dispute Proceeding Be Filed?
What Remedies Are Available to a Trademark Owner in a Domain Name Dispute Proceeding?
Does the Decision of the Dispute-Resolution Service Provider Bar the Filing of a Lawsuit?
Please contact one of our attorneys if you require assistance with any Internet law matters, including if you require assistance either as plaintiff or defendant in a cybersquatting lawsuit or as complainant or respondent in a domain name dispute proceeding.