In today's market, a company's domain name is one of its most valuable assets. In general, the first registrant of a domain owns the domain. However, U.S. trademark rights are secured by the first user of the trademark or servicemark. This means that the trademark or servicemark owner may have superior rights to a domain owner if the domain name is confusingly similar to the trademark or servicemark.
Cybersquatting is registering, trafficking in, or using a domain name with a bad faith intent to profit from the goodwill of a trademark or servicemark belonging to someone else. Often, a cybersquatter will attempt to sell a domain to the owner of a trademark or servicemark contained within the domain name at an inflated price.
Livingston Loeffler represents clients in all types of domain name disputes — including cybersquatting cases. To learn how we can help you protect your personal and business interests, contact our intellectual property law firm today.
How to Avoid a Domain Name Dispute
You should always retain an intellectual property attorney to perform a trademark availability search prior to purchasing a domain or using a name on a product or service. A trademark search will determine if the name is available as a trademark and as a domain name. More important, a trademark search will determine if you will be infringing another party's trademark or servicemark rights. As a client of Livingston Loeffler, we can discuss the steps you can take to avoid domain name disputes and trademark infringement.
If a domain name dispute cannot be avoided, we can resolve your legal matter in the most efficient manner possible. Your domain name dispute may be settled administratively by the Internet Corporation for Assigned Names and Numbers ("ICANN") under its Uniformed Domain Name Dispute Resolution Policy ("UDRP"). Our firm can represent you during this administrative process or settle the dispute through litigation in state or federal court or other means if necessary.
Learn more about our domain name dispute resolution practice.
Contact an Intellectual Property Attorney
Contact our offices today to discuss your questions with a lawyer. Call 239-262-8502 to reach us in Naples and Fort Myers, 941-309-5314 to reach us in Sarasota, 1-800-548-4332 to reach us nationwide or send us an e-mail.
We assist clients nationwide, throughout the state of Florida and Southwest Florida, including Naples, Fort Myers, Sarasota and surrounding communities.