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.
2 Answers from Attorneys
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
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.