Internet law
Augusto Perera, PA handles intellectual property cases involving internet law, specifically domain name disputes. Our attorney will help you avoid or resolve such issues.
What is a Domain Name?
A domain name is a unique web address that allows potential clients to reach your business online. Registration of domain names is coordinated globally by a nonprofit organization called the Internet Corporation for Assigned Names and Numbers (ICANN).
The initial registration will not last long; you may need to renew the registration yearly.
How Do Domain Name Disputes Happen?
Disputes often arise when a domain name includes another party’s registered trademark. In general, the first person to register a domain name owns it. But under federal law, the first user of the trademark may have superior rights over the owner of a domain name that is confusingly similar to the said trademark.
The trademark owner may demand that the domain owner give up the domain name. If the domain owner refuses to do so, the trademark owner can bring the dispute to ICANN. The organization will settle the issue under its Uniformed Domain Name Dispute Resolution Policy (UDRP).
The trademark owner may demand that the domain owner give up the domain name. If the domain owner refuses to do so, the trademark owner can bring the dispute to ICANN. The organization will settle the issue under its Uniformed Domain Name Dispute Resolution Policy (UDRP).
If you are just starting to market your brand online, you can avoid domain name disputes by hiring an intellectual property lawyer to perform a trademark availability search before you purchase a domain name.
This trademark search will determine if your desired domain name is still available. More importantly, this search will prevent you from infringing another party’s trademark rights.
Want to learn more about internet law and domain name disputes? Don’t hesitate to reach us today. We provide initial consultation over the phone or in person.