Internet Domain Law
Today, only a few clicks on the keyboard and a small registration fee is all that is required to obtain a domain name. It can be quite effortless. However, care should be taken not infringe on the trademark of another when registering a domain name. Ideally, one who registers a domain name should make sure that the domain name of their choice does not infringe on trademark or business name. Ganter Law provides domain clearance searches for determining whether a given domain name lead to legal troubles for the registree.
Disputes commonly arise when a domain is registered that is identical or confusingly similar to a trademark or business name. A trademark owner has two options to protect and enforce their trademark. The first option is to pursue remedies through the Internet Corporation for Assigned Names and Numbers (ICANN) under the Uniform Domain Name Resolution Policy (UDRP). This entails requesting a domain cancellation or domain transfer and is submitted to arbitration. It is cheaper and quicker than litigation before a court, however, it is solely limited to canceling or transferring a domain name and damages cannot be awarded. The second option is to pursue remedies through litigation in the Federal and State Courts. Litigation can be a lengthy and expensive process, but in cases where an infringing domain name caused substantial damage, the trademark owner might choose to pursue damages in addition to injunctive relief against the infringer.
Contact Ganter Law for help with your Domain Name issues!