Trademark Infringement Litigation & Domain Name Disputes Under UDRPBy James Blake on
Using a domain name similar to a competitors’ trademark or website name gives rise to trademark infringement lawsuits, a phenomenon that seems ever increasing. With a little due diligence, you may find your competitors infringing your intellectual property rights online. The Uniform Domain Name Dispute Resolution Policy (UDRP) provides a relatively quick way to approach a domain name lawsuit. A Texas intellectual property lawyer can help advise your claim or an intellectual property infringement lawsuit filed against you.
Domain Name Disputes & Trademark Infringement Claims
Under the UDRP, you can win a trademark infringement case if you prove:
• You own the trademark;
• The domain name owner has no legitimate right or interest in the trade name; and
• Registration and use of the domain name was in bad faith.
Protecting Intellectual Property & Enforcing IP Rights
You may win your trademark infringement lawsuit with an unregistered trademark, but success is easier with a federally registered trademark. A Texas intellectual property lawyer can assist you with registering a trademark to help you protect intellectual property. If your trademark infringement lawsuit is successful, you may “re-claim” the domain name and use it for your business.
Large companies, small business owners, and entrepreneurs starting a business should seek an intellectual property attorney to quickly handle cybersquatting, domain name disputes, and trademark infringement lawsuits. Our Texas business law firm regularly advises clients in trademark, service mark, and domain name matters, and provides other Texas intellectual property lawyer services. Call our business law firm today!
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