Domain name infringement can take several forms, including trademark problems, cyber-squatting, and other issues. Businesses need to devise a strategy concerning their trademarks and domain names. Domain name registration is cheap and fast. The TDL (Top Level Domain) is found at the end of the address (.us or .uk or .fr-it and so forth.) This denotes the hosting country. There are 2 sub-categories of TLDs. First, there are generic TLDs such as .biz, .net, .org, and .com. These domains don’t have to stand out and aren’t location-sensitive.
Domain Name Disputes Two methods have been utilized to settle disputes over domain names — 1) legal action or 2) by reference to the alternative dispute resolution procedure provided by ICANN. The UDRP (Uniform Domain Name Dispute Resolution Policy) has been put into place by this organization and it applies to generic TLD name disputes.
This procedure has been incorporated into the registration agreements of some county code administrators. The UDRP procedure has proved quite successful. It has resolved quite a few domain name disputes. Nonetheless, it doesn’t allow for damages. For this reason, a company that is in need of immediate relief by injunction and seeks retribution for damages must go to court. In this case, the UDRP procedure is not useful.
Usually, the relief is in the form of having the domain name legally transferred to the plaintiff. In order to receive relief at the UDRP, you’ll need to demonstrate three things. 1/ The plaintiff must demonstrate that the name is confusingly similar to the name being claimed. 2/ The current holder has no sincere interest or claim in the name of the domain. 3/ The complainant must demonstrate bad faith on the behalf of the domain name’s holder.
There are a few ways the complaint may be rejected. For example, if the owner demonstrates bona fide use of the name, no intent to profit, or evidence that the respondent actually goes by that name. The UDRP also recognizes “reverse domain name hijacking,” in which the entity complaining does so frivolously in order to try to deprive another entity of that name. In a ccTLD dispute, the domain name registry will require more proof before canceling or transferring a domain name. In the final analysis, it is simply not possible to register every domain name and trade mark that may be felt to be in need of protection as intellectual property. Sometimes you should just buy the domain from the “offender” rather than pursuing it through the courts or the UDRP process.
It is critical to recognize the difference between trademarks and domain names, and it is wise for a company to register each of their domain names as a trademark, since in a different circumstance a third party could register their domain name as a trademark.
Stephen Grisham, Sr. is a professional writer for InfoServe Media, LLC. If you are looking for web design in Houston, or if you just need a few changes to an existing site, InfoServe Media also offers website maintenance.