Real Estate

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Copyright

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Copyright

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Litgation

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Trademark

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

Trademark

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. Read More

T:

972.248.8080

F:

972.248.8088

Domain Name Dispute Litigation

Uniform Domain-Name Dispute-Resolution (UDRP)

 

Internet Corporation for Assigned Names and Numbers (ICANN) established a common method used in the resolution of disputes over domain names.  Uniform domain-name dispute-resolution policy (UDRP) proceedings are legal actions brought through ICANN for the resolution of disputes regarding the registration of Internet domain names.

 

UDRP Proceedings

 

Trademark disputes may result in one party filing a Uniform Domain-Name Dispute.  To determine whether a trademark dispute exits, the UDRP panel will analyze the following:  i) Is the registered domain name identical or confusingly similar to a trademark; ii) does the registrant have any legitimate rights or interests in or to that domain name; and iii) has a the domain name been registered by a party in bad faith or with an intent to commit trademark fraud.

 

To prevail in a domain name dispute under the UDRP, a party must prove that the disputed domain name has been registered and is being used in bad faith.  There are four circumstances that evidence bad faith:

 

  • (i) the domain was registered primarily for the purpose of selling it to the complainant or a competitor for more than the documented out-of-pocket expenses related to the name;

 

  • (ii) the domain was registered in order to prevent the mark owner from using it, provided that the registrant has engaged in a pattern of such registration;

 

  • (iii) the domain was registered primarily to disrupt the business of a competitor; or

 

  • (iv) by using the domain, the registrant has intentionally attempted to attract users for commercial gain by creating a likelihood of confusion as to source or affiliation.

 

Simply, the UDRP panel looks at what the registrant is using the domain for, the past acts by the registrant, if the domain is being used to disrupt the business of a competitor, and/or if the domain is being used to trade off of an established trademark.

 

Domain Name Disputes

 

When a domain name is first registered, a domain name registrant is presumed to have selected a domain that will not infringe upon or violate the rights of any third party. And, often, a domain name registrant warrants that the registrant will participate in proceedings similar to arbitration should there be any disputes regarding that registered domain.

 

Our Attorneys can file UDRP proceedings, or protect your domain rights in a more traditional forum such as litigation.  We will work with you promptly and professionally to protect your registered trademarks, common law trademarks, registered domains, or all other intellectual property (IP) from infringement.

 

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WILSON LEGAL GROUP P.C.

16610 Dallas Parkway, Suite 1000

Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

Mr. Wilson was extremely responsive and easy to contact. He quickly addressed the questions that I had and assisted me skillfully with my case.."

 

- Bart Looper, Looper Law Enforcement Brand

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WILSON LEGAL GROUP P.C. LAW FIRM

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Dallas, Texas 75248

+1 (972) 248-8080

info@wilsonlegalgroup.com

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