Domain name disputes most often arise when the trademark owner finds out that someone else is using domain names that are similar (or even identical) to the trademark.
DOMAIN NAME CHALLENGE POLICY
Domain name disputes can theoretically end up in court, but most often they are regulated and resolved in accordance with the Domain Name Dispute Resolution Policy (UDRP)
STEPS TO VICTORY IN THE UDRP DOMAIN NAME
DISPUTE three elements to Gain the Upper hand:
- The trademark owner will show that the domain name is identical or similar to the trademark
- The trademark owner will prove that the registrant of the disputed domain name either has no rights or legitimate interests in using the disputed domain name.
- The trademark owner will prove that the domain name was registered in bad faith and is currently being used in bad faith.
If the applicant or trademark owner can satisfactorily demonstrate that all three of these requirements have been met, he will win.
On the one hand, the number of cases handled using UDPR demonstrates the effectiveness and popularity of this alternative system, on the other hand, there are many concerns about the fairness of this procedure, which seems to favor the applicant, especially when a reverse domain name takeover occurs. This practice is characterized by the fact that the trademark owner (especially large companies operating in the market) uses his strong influence to obtain the transfer of a domain name from an entity that may have legally registered it.
Step-by-step instructions for domain disputes.
1. Determine the subject of the violation. What happened? Violation of exclusive rights occurs as a result of posting information on an Internet site or violation of exclusive rights occurs as a result of using a symbolic designation similar to a trademark in a domain name.
2. In order to ensure the possibility of exercising the protection of their exclusive rights by filing claims against the administrator of the domain name, the rightholder has the right to apply to the registrar with an application for the installation of pre-trial restrictions on actions with the domain name using the Application Form for the installation of pre-trial restrictions on actions with domain names.
3. The applicant (copyright holder) also has the right to request from the registrar information about the administrator of the relevant domain name in order to further protect their legitimate rights and interests in court by filing a corresponding claim against the administrator. In order to protect the exclusive rights to a trademark (service mark), the rightholder has the right to apply to the judicial authorities.
4. Filing a statement of claim. In order to secure a claim, the applicant (rightholder) is recommended to also send an application (petition) for interim measures before sending a statement of claim for the protection of exclusive rights to a trademark (service mark). The basis for applying for interim measures is the possibility of circumstances that may subsequently complicate or make it impossible to execute a judicial act.
The existence of a judicial act on the application (cancellation) interim measures will be the basis for the registrar to enter information in the Register about the restrictions established (canceled) by the court on actions with the corresponding domain name. A sample of the application (petition) for interim measures can be found at the following link.
5. A duly executed statement of claim with the attachment of a set of documents confirming the grounds referred to by the plaintiff shall be sent to the arbitration court at the location or place of residence of the defendant. The statement of claim may be sent to the court on paper (both through the office and by mail to the relevant arbitration court) or in electronic form, including in the form of an electronic document signed with an electronic signature by filling out a form posted on the official website of the court in the information and telecommunications network "Internet".
If you find out that your trademark or brand name has been used by an outsider in the domain without your consent and knowledge, you want to stop such a violation with minimal losses – contact our company, we will help with any question.
Our law firm VLO provides services for corporate and private clients in countries such as UK, Spain, Portugal, Switzerland, Argentina, Armenia, Austria, Azerbaijan, Belgium, Brazil, Canada, China, Cyprus, Czech Republic, Denmark, Latvia, Estonia, Finland, France, Georgia, Germany, Italy, Greece, Turkey, Israel, Kazakhstan, Norway, Sweden, Russia, Ukraine, United Arab Emirates, India, Vietnam.
If you have questions, please us right now.
E-mail: vlolawfirm@gmail.com
DOMAIN NAME CHALLENGE POLICY
Domain name disputes can theoretically end up in court, but most often they are regulated and resolved in accordance with the Domain Name Dispute Resolution Policy (UDRP)
STEPS TO VICTORY IN THE UDRP DOMAIN NAME
DISPUTE three elements to Gain the Upper hand:
- The trademark owner will show that the domain name is identical or similar to the trademark
- The trademark owner will prove that the registrant of the disputed domain name either has no rights or legitimate interests in using the disputed domain name.
- The trademark owner will prove that the domain name was registered in bad faith and is currently being used in bad faith.
If the applicant or trademark owner can satisfactorily demonstrate that all three of these requirements have been met, he will win.
On the one hand, the number of cases handled using UDPR demonstrates the effectiveness and popularity of this alternative system, on the other hand, there are many concerns about the fairness of this procedure, which seems to favor the applicant, especially when a reverse domain name takeover occurs. This practice is characterized by the fact that the trademark owner (especially large companies operating in the market) uses his strong influence to obtain the transfer of a domain name from an entity that may have legally registered it.
Step-by-step instructions for domain disputes.
1. Determine the subject of the violation. What happened? Violation of exclusive rights occurs as a result of posting information on an Internet site or violation of exclusive rights occurs as a result of using a symbolic designation similar to a trademark in a domain name.
2. In order to ensure the possibility of exercising the protection of their exclusive rights by filing claims against the administrator of the domain name, the rightholder has the right to apply to the registrar with an application for the installation of pre-trial restrictions on actions with the domain name using the Application Form for the installation of pre-trial restrictions on actions with domain names.
3. The applicant (copyright holder) also has the right to request from the registrar information about the administrator of the relevant domain name in order to further protect their legitimate rights and interests in court by filing a corresponding claim against the administrator. In order to protect the exclusive rights to a trademark (service mark), the rightholder has the right to apply to the judicial authorities.
4. Filing a statement of claim. In order to secure a claim, the applicant (rightholder) is recommended to also send an application (petition) for interim measures before sending a statement of claim for the protection of exclusive rights to a trademark (service mark). The basis for applying for interim measures is the possibility of circumstances that may subsequently complicate or make it impossible to execute a judicial act.
The existence of a judicial act on the application (cancellation) interim measures will be the basis for the registrar to enter information in the Register about the restrictions established (canceled) by the court on actions with the corresponding domain name. A sample of the application (petition) for interim measures can be found at the following link.
5. A duly executed statement of claim with the attachment of a set of documents confirming the grounds referred to by the plaintiff shall be sent to the arbitration court at the location or place of residence of the defendant. The statement of claim may be sent to the court on paper (both through the office and by mail to the relevant arbitration court) or in electronic form, including in the form of an electronic document signed with an electronic signature by filling out a form posted on the official website of the court in the information and telecommunications network "Internet".
If you find out that your trademark or brand name has been used by an outsider in the domain without your consent and knowledge, you want to stop such a violation with minimal losses – contact our company, we will help with any question.
Our law firm VLO provides services for corporate and private clients in countries such as UK, Spain, Portugal, Switzerland, Argentina, Armenia, Austria, Azerbaijan, Belgium, Brazil, Canada, China, Cyprus, Czech Republic, Denmark, Latvia, Estonia, Finland, France, Georgia, Germany, Italy, Greece, Turkey, Israel, Kazakhstan, Norway, Sweden, Russia, Ukraine, United Arab Emirates, India, Vietnam.
If you have questions, please us right now.
E-mail: vlolawfirm@gmail.com
Domain name disputes