Legal Question in Technology Law in Virginia

UDRP and Trademarks

I have owned a small business for a little over three years. I originally just registered one domain name, but recently realized that people may misspell part of the name (e.g. ''Dollie'' instead of ''Dolly''). I went to register the other name, but a local competitor, with a completely different name, had already registered it and had it forward to her web site. I've read about typosquatting on this site, but I have no Service Mark (I've since applied, but it was after the fact). I think demonstrating she was using the name in bad faith would be straightforward. There are thousands of companies similar to ours throughout the country, so it seems a coincidence that she happened to register a name almost identical to a local competitor, especially since I can't find evidence of any other company in the country with a similar name to mine. I've read responses saying a registered mark wasn't necessary for the UDRP to be used, but what other things would come into play then? It seems like the UDRP mentions registered marks throughout. Do I possibly have Common Law Service Mark rights? If a registered mark IS usually necessary for the UDRP route, what are my best alternatives? I appreciate any ideas.

1 Answer from Attorneys

Related Questions & Answers

More Computer & Technology Law questions and answers in Virginia

Looking for something else?