INTERNET DOMAIN NAME DISPUTE

Under the Uniform Dispute Resolution Policy instituted by ICANN, the Internet Corporation for Assigned Names and Numbers, a framework now exists for resolution of squabbles between those who trade in domain names and their opposites, celebrities and trademark owners. Forums have been created to hear and determine the rightful ownership of names on the Internet. Arbitrators are available. Generally, they are retired judges or lawyers with experience in intellectual property law.

Complainants may petition to have a domain name transferred or deleted if it can be shown: (a) that a domain name is identical or confusingly similar to a trademark or servicemark in which the complainant has rights; (b) the respondent has no right or a legitimate interest in the name; and, (c) the domain name is registered and being used in “bad faith”. In many ways, the UDRP follows the intent if not the language of the Anti-Cybersquatting Consumer Protection Act of 1998. The decision of the arbitrator is not final and binding, unless the parties agree to that conclusion. However, domain name Registrars are required to follow the decision of the arbitrator and transfer or delete or retain the domain name in question.

Resort to the courts is still available. If a respondent were to appeal to the judicial system as the result of an adverse decision under the UDRP, he might find himself liable for civil damages under the Anti-Cybersquatting Act. The trademark owner is now free to allege the elements of the federal act and if proven that the respondent acted in “bad faith,” may make a claim for any and all damages available.

This Law Office is fully prepared to represent both complainants and respondents in such proceedings. As a former commercial website owner and operator, author of articles on the Internet and close follower of the developing law in the area, we are able and willing to assist in the prosecution or defense under UDRP. Moreover, we are prepared to counsel and assist in difficult situations.

The Internet is an amazing and wonderful development of the late twentieth century. It is only the beginning to effect our lives. A framework of law is attempting to reconcile existing trademark and copyright law with the phenomenon known as the World Wide Web. Only time will tell how successful that reconciliation will be.