Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

Defending Your Client's Domain Name

By Alyson B. Danowski
August 28, 2008

A company's domain name is often the most fundamental basis for trademark and branding efforts. The time and money put into the creation and maintenance of a Web presence create a valuable business asset. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.

When such a conflict arises, a frequent response by the holder of trademark rights is to file an administrative procedure complaint. Today, there are three active ICANN-approved domain name dispute resolution panels: the World Intellectual Property Organization (“WIPO”), the National Arbitration Forum (“NAF”), and the Asian Domain Name Dispute Resolution Centre (“ADNDRC”). While WIPO's Arbitration and Mediation Center panelists decide the majority of domain name disputes, all three overwhelmingly decide domain name disputes in favor of the complainant. Statistics available for decisions made for complaints filed in 2007 show that only a very small percentage are decided in favor of the respondent:

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.