As part of our technology and data practice, we provide domain name indemnification & indemnity agreements services.

Companies should take precautions when engaging in commercial transactions that include domain names as well as other IP rights. Indemnification agreements and indemnity clauses can provide significant protection in business transactions. These agreements help limit the risk and liability of a party under certain circumstances involving liability. As part of our domain services, we provide diligence review of contracts involving domain name registration rights. We also draft domain name indemnification agreements for liability protection.

Domain Name Indemnification and Indemnity Agreements

In domain name indemnification agreements or clauses, the intent is to balance risk associated with infringement of rights in a name. Also, indemnification clauses are provisions inserted in agreements between parties that desire to transfer risk of loss in certain events. Indemnity clauses also include the obligation to defend or hold harmless of the other party. Generally, an indemnification agreement requires one party to compensate the other party for losses or damages covered by the indemnity clause.

Domain name indemnification should be included in agreements such as licensing agreements and other commercial transactions involving domain name interests. Our Internet attorneys provide counseling on indemnification rights as well as draft domain transfer agreements with indemnity for proper protection.

Hold Harmless Agreements Involving Domain Name Rights

In addition to domain name indemnity, agreements could provide a hold harmless clause. These clauses work as risk shifting mechanisms. Generally, hold harmless clauses provide that a party will not be held liable for certain damages under the agreement.  Domain name hold-harmless clauses protect against acts of third parties as well as claims from third parties for use of the domain name.

Commercial Transactions and the Importance of Domain Name Indemnification

Businesses should consider domain name indemnification before entering into commercial transactions or business contracts involving domain name rights. The scope of indemnity responsibilities differ depending on numerous factors, including for example:

  • The type of parties involved and sophistication

  • The risk of third-party claims

  • Availability of limitations on damages

  • Obligations to provide indemnification

  • Industry standards

  • Applicable domain name and trademark laws

Our Domain Name Indemnification Services

Our IP and business law attorneys have experience drafting and reviewing commercial agreements including indemnification clauses. We understand the type of domain name indemnification issues that can arise in business transactions involving domain name rights. So, we are able to identify areas of concern in contracts that require provisions of indemnity. We also represent clients in domain name disputes that activate indemnification obligations into effect.

Domain Name Disputes and Domain Name Indemnification Litigation

Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Intellectual Property Indemnification Litigation, Patent Indemnification Litigation & Indemnity Disputes, and Domain Name Litigation.

Additional Insights Regarding Domain Name Indemnification

For more information on domain name indemnification agreements, see our Legal Insights and Industry Solutions pages.