Wilson Whitaker Rynell

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TRADEMARK CYBER-SQUATTING 

Cybersquatting is bad faith registration of another's trademark in a domain name.

CYBER-SQUATTING SOLUTIONS

What Is Cyber-Squatting? 


Cyber-Squatting is the practice of registering names, especially well-known company or brand names, as Internet domains, hoping to resell them at a profit. The Anti-cybersquatting Consumer Protection Act (ACPA) established a cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. Suppose a domain squatter blocks the rightful owner of a trademark or brand from acquiring the domain name or creates domain names that are confusingly similar to that of the rightful owner of a trademark or brand. In that case, the law provides specifics legal remedies. The ACPA is codified in federal statutes as part of trademark law. Our lawyers represent plaintiffs and defendants in intellectual property litigation in federal and state courts. 


How To Protect Yourself From Cyber-Squatters? 


Many businesses do not realize that cyber-squatting is a civil matter and not a criminal matter. We can assist you in monitoring your brand in the market and take swift action to prevent the erosion of goodwill and the economic value of your trademark and brand. Being vigilant is essential to protecting your brand, and there are some common steps you can take to protect your trademark:

 

  • Register a trademark:  A registered trademark puts cyber-squatters on notice that you intend to protect your brand.

 

  • Ensure a domain name is under your sole control:  Never allow an employee or agent to own the domain passwords. 

 

  • Purchase variants of the domain name:  Purchase similar domain names or common misspellings of your domain.

 

  • Registered extensions for the domain name: Consider registering all versions of your domain, such as .com, .net, and .biz.

 

Our  Dallas litigation attorneys can help protect you from cyber-squatting.  If you have experienced cyber-squatting, we can advise you how to proceed with trademark enforcement, demand letter, and litigation, as applicable.   


Anti-Cyber Squatting Consumer Protection Act (ACPA)


The Anti-cybersquatting Consumer Protection Act (ACPA) is federal legislation that established a legal cause of action for registering, trafficking in, or using a domain name confusingly similar to, or dilutive of, a trademark or personal name. Under the ACPA, a trademark owner may bring a federal cause of action against a domain name registrant who, with bad faith intent to profit off a mark, registers, traffics in, or uses a domain that is: 

 

  • identical or confusingly similar to a distinctive mark;

 

  • identical or confusingly similar to or dilutive of a famous mark; and

 

  • is a protected trademark such as 18 U.S.C. § 706 (Red Cross) or 36 U.S.C. § 220506 (Olympics).

 


Dallas Anti-Cyber Squatting Litigation


Our Dallas litigation attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful anti-cybersquatting litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straightforward, unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court an d out-of-court. 



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Additional Trademark Cyber-Squatting Focus

Domain Name Litigation & The Uniform Dispute Resolution Policy (UDRP)


Domain name disputes can be resolved in federal or state court by filing a domain name litigation lawsuit, and/or by filing a trademark opposition or trademark petition to cancel in the USTPO in the event the domain is being registered as a trademark. Another option is to use the international arbitration system established by the Internet Corporation of Assigned Names and Numbers (ICANN) to request the transfer of the domain name to you. The ICANN international policy resolving domain name disputes is known as the Uniform Domain Name Dispute Resolution Policy (UDRP). All domain name registrars must follow the ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP). Our domain name litigation attorneys have experience prosecuting and defending domain disputes in court and arbitration.


While the UDRP does not directly prohibit anticipatory cybersquatting, it is the most expedient means of removing  an offending domain name from anticipatory and actual cybersquatters. Unlike the ACPA, the UDRP does not require that the protected domain name or trademark be distinctive or famous at the time of registration.

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