Legal Question in Technology Law in Florida

Domain Names

We purchased domain names and now are being sued.

We recieved a letter from an attorney refrencing ICANN Rules:

Mandatory Administrative Proceeding

b. Evidence of Registration and Use in Bad Faith.

ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

Do you have any advice for us?

Thank You,

Jessica


Asked on 9/18/08, 4:26 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Domain Names

You've probably registered a domain name that matches someone else's campany name (like microsoft.org or something like that) or you've regsistered a domain name that sounds like someone else's company. Those kinds of cases aren't generally handled in regular court, but in ICANN administrative court.

If they are correct, you can just go ahead and concede. ICANN will re-register the domain name to the other side.

If you wish to fight, you should find a lawyer with experience in these kinds of lawsuits. They are very unusual and complex. Very few lawyers have handled them, and you should not handle the case yourself.

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Answered on 9/18/08, 11:24 pm


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