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Domain Name Disputes

Trademark Domain Name Dispute

 

 

The Law Firm of Michael J. Feigin, Esq. handles domain name disputes.  Domain name registrations and trademark registrations are separate systems.  Owning a trademark does not necessarily mean you have the exclusive right to own a domain name, and owning a domain name does not necessarily mean that you can sell a product sharing a trade name with the domain.  Therefore, in certain circumstances, a trademark will entitle you to stop another party from having their domain name and may allow you to gain control over it.

 

According to ICANN's Uniform Domain Name Dispute Resolution Policy and based on the licensed arbitrator that you decide to use, a domain name can be taken from another, for example, if:

 

(i) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) the present owner has no rights or legitimate interests in respect of the domain name; and

(iii) the domain name has been registered and is being used in bad faith.