Kronenberger Burgoyne handles all forms of domain name disputes, including
cybersquatting, "typo-squatting," and other domain-based trademark
infringement. Our anti-cybersquatting lawyers also handle domain name theft (aka domain hijacking)
and domain transfer fraud matters.
There are two primary options if a third party has registered
a domain name with your trademark, business name or personal name.
ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP).
The first option is to file a complaint with ICANN under its arbitration procedures
and request that the domain be transferred to you. When a domain is registered, the
individual or business registering the domain submits to mandatory arbitration in
the event of a future dispute. ICANN arbitrations are substantially cheaper than
federal litigation. Another advantage of ICANN arbitrations is that results can be
obtained more quickly than in litigation (sometimes in 60 days). Kronenberger
Burgoyne handles many ICANN arbitration cases on a flat fee basis. Click here for more
on our experience with ICANN arbitrations, or you can submit your matter to us now
using our online case submission form.
Anticybersquatting Consumer Protection Act (ACPA).
The federal ACPA is a second option for trademark owners.
Under the ACPA, trademark owners can seek not only transfer of
the disputed domain, but also monetary damages. Our firm has experience
in federal court with this fairly new statute. If you would like more
information, please submit your matter using Kronenberger Burgoyne's
online case submission form.
No Federal Trademark, But Still a Victim? If you feel that someone
has registered a domain (containing, say, your business or product name) and
is competing against you unfairly, you may be able to assert your "common
law trademark rights," even though you have not registered a trademark
with the federal government. Common law trademarks have been the basis for
both ICANN arbitration complaints and complaints under the federal ACPA. If
you would like to know whether you can assert common law trademark rights
in your domain dispute, please submit your matter using our
online case submission form.
For additional details on domain law matters, you can also call Kronenberger Burgoyne
at 415-955-1155, ext. 120.
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