Domain names are often the first interaction an Internet-based company will have with potential customers. Having the right protections for a company’s domain will prevent confusion and strengthen the business’ brand online.
As part of our litigation practice, we represent plaintiffs and defendants in various types of domain name disputes, including domain name litigation, incidences of domain name theft, and domain name hijacking. Typically, domain name disputes arise when a third party uses one or more domain names that could be confused with a trademark. Domain name litigation typically involves two key issues: the goodwill associated with a trademark and public confusion.
Domain Name Disputes and Domain Name Theft
Domain name disputes can be resolved in court (federal or state) or through an arbitration process called the Uniform Dispute Resolution Policy (UDRP). We have experience in both areas of domain name disputes. One option to consider is a UDRP proceeding, which is an alternative administrative proceeding that can be more cost-effective and efficient. The right avenue is a key part of the strategy regarding potential domain name litigation.
Domain Name Recovery
Another key consideration is the recovery of the 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. On the opposite end of the spectrum, we also help clients who are accused of improperly using, maintaining, and registering domain names.
As an IP and business litigation law firm, our domain name litigation lawyers can assist with advising on domain name litigation. See our IP and Business Litigation service line page for additional information about domain name litigation.
Local Counsel for Domain Name Dispute Litigation Matters
We also act as local counsel to out-of-state plaintiffs and defendants involved in domain name litigation and ACPA lawsuits filed in federal and state courts in Texas. See our local counsel litigation page for more details.