Legal Question in Technology Law in United Kingdom

Domain Name Dispute Resolution Process:

How do I initiate the domain name dispute resolution process? I have a complaint to lodge against the registration of a ".com" domain name that is exactly the same as our domain name apart from the fact that the registrant has a hyphen in theirs. Many thanks.


Asked on 3/01/00, 5:13 am

2 Answers from Attorneys

Jonathan Armstrong Keeble Hawson

Re: Domain Name Dispute Resolution Process:

Before looking at the dispute resoltion procedure with the registrar you might wish to take a look at your rights under English law as, as you may know, the English courts will entertain disputes over .com names. You might find the enclosed link to my article in The Lawyer of interest http://www.the-lawyer.co.uk/cgi-bin/W3Vnewlib/MO=3/UI=?CT=LITILITI&SC=&RI=0000149226.htm

If you'd like to talk things through please feel free to give me a ring on 0114 290 6229 or visit our site for more articles at www.keeblehawson.co.uk

Read more
Answered on 3/22/00, 7:50 am
Michael Hermann Law Office of Michael Hermann

Re: Domain Name Dispute Resolution Process:

The Domain Name Dispute Resoloution Process is typically

implemented when 2 or more applicants wish to use

the identical domaine name.

If you have not retained or requested this hyphenated name, you should do so,

and base your right to the name upon your use history of the name.

(Tradename registrations, state or federal Trademark registrations,

common law use, etc.) Your alternative case, if the dispute

involves appropriation of business, is to sue the

party for trademark infringment, or under unfair

competition law. This would

depend on the facts of this situation, and would

require an attorney familiar with Federal Trademark

Law (ie. someone like me) or a local attorney in your

state. This is more complicated, as jurisdiction (location)

will be important to determine the applicable law used.

Also needed are more facts about the alleged infringer.

Contact Internic. Look at their web site which explains

their policy and procedures on dispute resolution.

The majority of "cybersquatteers" are now losing

their 'famous' domain names to companies who have broad trademark and other

common law rights to the name (often a famous trademark).

I would need more specific facts i order to advise you further.

Good luck.

Read more
Answered on 3/14/00, 1:24 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in United Kingdom