Washington DC Domain Name Lawyer & Domain Law Attorney
Domain names can present numerous issues requiring the services of an experienced attorney. CyberLaw PC can assist you in disputes arising under the Anticybersquatting Consumer Protection Act (ACPA), ICANN's Uniform Domain-Name Dispute Resolution Policy (UDRP) and more simple matters of cease and desist letters and questions on trademark infringement. No matter your domain name matter, contacting CyberLaw PC is an intelligent first step. As always, the initial consultation is free with an experienced Washington DC Domain Name lawyer.
CyberLaw PC has handled a variety of domain name matters for clients from many parts of the world, including Australia, the Netherlands, and Seychelles. The firm has represented clients in UDRP actions before the National Arbitration Forum and WIPO. The firm has also litigated domain name issues in state and federal court in the United States.
In today's Internet based economy, your business simply can't afford not to aggressively protect its domains. Domain issues have pitfalls requiring technical and legal knowledge that the firm can assist you in navigating, giving you the best chance to protect your rights in your names. Contact the firm now for a free consultation on your rights and options for handling your domain name issues.
More About Domain Names
The domain name system (DNS) is a way for consumers to easily navigate the Internet. Common domain name issues facing businesses and individuals include:
Cybersquatting: United States law defines cyber-squatting as “registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else.” Cybersquatters typically have no use for these domain names, except to resell them and turn a profit. Businesses large and small are often frustrated to learn that a domain name relating to their business name or trademarks has already been registered and is owned by a cybersquatter.
Reverse-Cybersquatting: Reverse cybersquatting occurs when a trademark holder attempts to wrestle a domain name from someone that lawfully registered the name at an earlier point in time. For example, if a corporation named "Morgan Lewis Bockius" registered the name "mlb.com" and used it as a website for a law firm, and Major League Baseball attempted to sue the law firm for trademark infringement and the use of the name, this would be an example of reverse cybersquatting. Because the law firm had nothing to do with baseball, Major League Baseball's trademarks were not being abused. Major League Baseball could buy the name, of course, but could not recover it in a lawsuit or arbitration proceeding. 
Typosquatting: A typosquatter is one who registers domain names with common typos of major domain names to attempt to divert traffic to sites that benefit the registrant, for instance “microsotf.com” to take advantage of people who intended to visit the Microsoft® website, but misspelled the domain name in their web browser. This practice, also known as “URL hijacking” or “web address hacking” takes advantage of the good name of the domain owner to send visitors somewhere else.
Second Level Domain Name Disputes: A second-level domain (SLD) on the Internet is the name or text that is directly below (or typically to the left of) a top-level domain (TLD). For example, you are currently reading a page on http://www.cyberlaw.pro. In this case, the “.pro” is the top level domain, but the “cyberlaw” is the second level domain, because is specifies which site to visit of all of the “.pro's” available online. If you would register a name such as “Xeroxsucks.com” (and we do not imply that it does, it’s just an example!) Xerox® may have a claim for the use of its name without its consent.
Gripe Sites: While there are often related free speech issues, there may be actions to be taken in cases of so-called “gripe sites” where an unhappy domain name owner registers a name to complain about a particular company and the registrant’s dissatisfaction with that product or service. While the content explaining the webmaster's unhappiness is likely protected, the domain name may not be protected by virtue of the trademark problems.
Subdomains: Similar to second level domain names, a subdomain dispute refers to the use of a mark in the very first portion of the domain. For example, if our site used the address xerox.cyberlaw.pro (again, just an example) Xerox® would potentially have a claim against CyberLaw PC for use of its name without the right to do so.
Domain Name Warehousing: This is the practice of domain name registrars “holding” expired domains instead of releasing them back into the public domain. By preventing certain domains from being released, the registrar hopes to resell the domains to the previous registrant or a new registrant at a higher rate than the market price.
Grace Period Violations: Also known as domain name “kiting” or “tasting,” this practice occurs when a registrant registers a domain name for a temporary purpose, but then takes advantage of the domain purchase grace period to reject more permanent ownership.
Domain Name Enforcement
If you are the victim of a cybersquatter, reverse-cybersquatter, typosquatter, gripe site or other domain violations, contact an experienced Washington DC Domain Name Attorney. CyberLaw can assist you in obtaining relief.
The firm is knowledgeable about ICANN's Uniform Dispute Resolution procedures and the Anticybersquatting Consumer Protection Act (15 U.S.C. 1125(d)). Both procedures have pitfalls requiring technical and legal knowledge that the firm can assist you in navigating.
According to ICANN, the Uniform Domain-Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited registrars in all gTLDs (.aero, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and .travel). The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.
The UDRP is a arbitration procedure that tends to move more quickly than litigation or lawsuits. Mark owners have relatively good success rates with good legal counsel. Victims of reverse-cybersquatting an have similar success depending on the nature of the dispute. The major limitation of this process, however, is the fact that the sole remedy is having the domain name at issue transferred to the rightful owner.
The Anticybersquatting Consumer Protection Act (ACPA) is a federal law under which domain name owners may sue for purposes of obtaining damages for misuse of a domain name. While this process is more involved, it does allow for damages for misuse of the domain, as well as transfer of the domain name.
Of course, sometimes the best way to handle a domain name dispute is simply a well-written letter from a technology attorney. Contact the firm for a free consultation on your rights and options for handling your domain name issues.
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