As part of our Intellectual Property Litigation practice, we provide domain name litigation services.
Our IP trial attorneys represent plaintiffs and defendants in various types of domain name disputes, such as domain name litigation, incidences of domain name theft, and domain name hijacking. Typically, when someone uses a domain that could be confused with another’s trademark, domain disputes arise. Domain name litigation typically involves two key issues: the goodwill associated with a trademark and public confusion.
The Uniform Dispute Resolution Policy (UDRP) and Domain Name Litigation
Domain name disputes can be resolved in federal or state court via a domain name litigation lawsuit. In addition, disputes can go through an arbitration process called a UDRP. A UDRP proceeding is an alternative administrative proceeding that can be more cost-effective and efficient than filing a lawsuit in court. The best option for resolving a domain dispute depends on the specific circumstances and intellectual property protections in place. Our intellectual properly and business litigation attorneys have experience prosecuting and defending domain disputes in court and through arbitration.
Domain Name Recovery
Another key consideration is the recovery of a domain name. The Anticybersquatting Consumer Protection Act (ACPA) can be used to recover domain names that improperly incorporate protected trademarks. Under the ACPA, a plaintiff can recover actual damages and statutory damages against a defendant who has, in bad faith used, sold, or tried to sell a domain name that infringes another’s trademark. We help clients who are accused of improperly using, maintaining, and registering domain names.
Domain Name Protection
Often, the first interaction an Internet-based company will have with potential customers is its domain name. Having the right protections for a company’s domain will help prevent confusion, help strengthen the business brand online, and help prevent the need for domain name litigation. Obtaining protection starts with consulting an intellectual property firm for domain selection and acquisition. The best prevention of domain name litigation starts with careful selection of your domain name (as well as your business and product names) to identify potential issues of domain name trademark infringement due to existing third party use and trademarks.
Local Counsel for Domain Name Litigation Matters
We also act as local counsel for out-of-state plaintiffs and defendants involved in domain name litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.