Legal Question in Intellectual Property in Georgia

Re: Trademark can force cyber squatter to give up domain?

Separate from the courts which decide trademark infringement suits, there is an administrative process by which one can request transfer of a domain name based upon "cybersquatting" or similar reasons. The process is called a "UDRP" action (Uniform Domain Name Dispute Resolution Policy). One of the elements which must be proven is that the registrant of the domain name has registered the domain in bad faith and is using the domain in bad faith. If a prior/contemporaneous user of a domain (containing your trademark) had/has a legitimate purpose for acquiring the name and using the name, a trademark owner cannot use a trademark registration as a 'sword' to pry the domain name from the owners grasp through the UDRP. There are many other elements to a UDRP action as well. If the UDRP action cannot provide relief, you may have recourse in 'regular' court.

If all facts indicate that the domain name owner has acted in good faith and legitimately owns the domain name (a complex legal analysis), then you may want to consider offering to purchase the domain name from its owner. The price for the domain should not rise to the level of extortion, but expect to pay what the domain is worth to you.

Of course, this is only some basic information of the possible actions available to acquire a domain name, and you will need an attorney to fully evaluate your particular situation in order to properly advise you.

Good luck to you!

Re: Trademark can force cyber squatter to give up domain?

Possibly. It depends on numerous factors, including who was actually using the trademark first in a particular geographic area. Speak to a local intellectual property attorney.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.