Legal Question in Business Law in New York
my website was shut down due to a trademark of a word that was used in my name ... I want to know what I can do to have this situation resolved
3 Answers from Attorneys
Check with your web hosting company for their TM dispute resolution procedures. Or consult ICANN for this type of info.
You have a domain name dispute. Now it's a little odd for your first notice of the dispute to arrive by way of a shutdown. You may have recourse here. I handle domain name disputes. I wrote the CORE UDNRP (the predecessor to ICANN). In effect, I wrote the book on domain name disputes before there was a book. 99% of these are nonsense attacks that have no resemblance to what the law expects or requires. But your experience is off the beaten path...
Practically speaking, to have the hosting company and/or the party claiming the trademark infringement take you seriously it's best to retain an attorney to review the trademark claims and respond quickly and sternly. Many times just sending an attorney response can restore the service as the hosting company would then be on notice that they are potentially causing damages.
Reviewing the matter and writing such a letter is typically not a costly proposition. If the website is critical for you, then you should consider doing it as soon as possible. Please contact me at your earliest convenience.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
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