Suing under the ACPA is expensive, is there a faster way for me to resolve this?
Yes, you can file a complaint under ICANN's Uniform Dispute Resolution Policy. In 1999, after assuming control of domain name registration, the Internet Corporation for Assigned Names and Numbers (ICANN) adopted and began implementing the Uniform Domain Name Dispute Resolution Policy (UDNDRP) a policy for resolution of domain name disputes. Under this international policy, the case goes to arbitration, rather than being litigated in court.
The ICANN arbitration system is considered by trademark experts to be faster and less expensive than suing under the ACPA. Because the case is arbitrated rather than being litigated in court, you do not necessarily need an attorney. However, it may be a good idea to retain one to help you prepare your case. In order to prevail under the ICANN arbitration system, trademark owner would have to prove that:
· A domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
· The domain name owner has no rights or legitimate interests in the domain name; and
· The domain name has been registered and is being used in bad faith.
If the trademark owner wins, the domain is simply transferred to the trademark owner. No monetary damages are awarded under the ICANN policy. You can read more about initiating a complaint under the ICANN policy at http://www.icann.org/udrp/udrp.htm.
Other Trademarks FAQs
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What is a certification mark?
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other … more -
How are Certification Marks used?
U.S. trademark laws provide for the filing of the regulations as an additional requirement for registration of certification marks. The regulations governing the use … more -
Should I hire a lawyer?
Yes, if you plan on adopting and using a collective mark or asserting your legal rights under trademark law in pursing a certification mark infringement lawsuit or any … more -
What is a collective mark?
While the definition may vary from one country to the other, collective marks (also known as collective trademarks) are usually defined as signs that distinguish the … more -
What are the uses of Collective Marks?
U.S. trademark laws provide for the filing of the regulations as an additional requirement for registration of the collective trademark. The owner of the collective … more -
Should I hire a lawyer?
Yes, if your association or organization plans on adopting and using a collective mark or asserting your legal rights under trademark law in pursing a collective mark … more -
What is a trademark?
A trademark is a type of mark. Traditionally, the term, "trademark," described only marks designating products, or "goods" (as opposed to services). However, the word … more -
How are trademarks acquired?
Trademarks generally are acquired through adoption and use. Trademarks may also be obtained by assignment. Check with a trademark lawyer for more information about … more -
Adoption of a Trademark
When a trademark is proposed, and before it is adopted, a trademark attorney should be consulted, and a search commissioned, to determine whether the trademark is … more -
Use of a Trademark
The proper use of trademarks is crucial, in any campaign to acquire, register, or maintain them. Proper use preserves a mark's ability to identify the origin of … more
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