Cybersquatting Law

Cybersquatting Law

There are times when you go to register a domain name for your business or your endeavor, and you are unpleasantly surprised by the fact that someone has already registered it for themselves. Seemingly, they have no other purpose but to extract as much money as they can from you in exchange for the domain name. You do not always need to pay the price that they are asking for the domain that you need. There are laws and conventions that give you the right to take action. To make the most effective case, you should hire a cybersquatting attorney.

Cybersquatting is all about litigation – either you can reach a resolution that avoids it, or you need a gloves-off lawyer to make your best case in court.

What Happens When Someone Registers a Domain that Involves Your Trademark or Name

You have options if someone has registered a website with your trademark, business name, or personal name that do not necessarily include having to buy the domain name.

As an individual, you may have purchased a domain name, and a large company is trying to use its unlimited resources to flex its muscles and take from you the property that you have rightly acquired. If that is the case, you also have legal rights and can fight back.

When someone registers a domain name, they automatically agree to submit to arbitration based on Internet Corporation for Assigned Names and Numbers (ICANN) procedures. The arbitration could happen in front of a number of forums, both domestically and internationally.

Cybersquatters Must Arbitrate a Dispute if You Choose

The cybersquatter does not have a choice. The mandatory arbitration clause is included in every domain registration, and it is your choice whether to pursue arbitration or litigation. Here, arbitration is not necessarily a bad option (as it may be in other corporate-type proceedings where it is considered to be a company-friendly forum). Following ICANN’s procedures could give you a quicker and less costly way to resolve your case and possibly get the domain name that you need. Milian Law has successfully handled domain name registration cases in front of a number of forums.

There Is a Federal Law that Protects Trademarks from Cybersquatting

Federal law also gives strong protections and rights when it comes to domain names. There is an Anticybersquatting Consumer Protection Act (ACPA) that allows someone to not only sue to gain possession of the domain name, but also to recover damages that they have suffered.

The ACPA does not cover all instances where someone else has registered a domain name. Under the law, you could sue:

“Any person who, with bad-faith intent to profit from the goodwill of a trademark or service mark of another, registers, traffics in, or uses a domain name that is identical to, confusingly similar to, or dilutive of such trademark or service work.”

In other words, the ACPA allows legal action when someone intentionally registers a domain name to take advantage of your trademark for their own profit. The problem is that the cybersquatter could be located internationally, and you may need to file an in rem case against them in federal court, making your case more complicated.

Most ACPA legal actions are to defend registered trademarks. However, a registered trademark is not always a prerequisite to filing a case. You may also have common law trademark rights that you can enforce in either an arbitration or a lawsuit.

“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”

David P. Milian

Founding Attorney

There Is Much on the Line in a Cybersquatting Lawsuit or Arbitration

Cybersquatting lawsuits are high-stakes matters. If you are a business or a high-profile individual, you have a personal and financial interest in both your intellectual property rights and your name. If you cannot effectively take action, you may be forced to buy the domain name at an inflated price or register a different domain name that is not as easily identified with you. On the other hand, if you validly own a domain name, you have your own financial rights and interests, but you could even face the specter of paying damages.

It is essential that you hire an experienced cybersquatting attorney for effective legal representation. These cases can be highly complex, and they could involve detailed testimony about whether a domain name would be very similar or confusing to an existing trademark.

Contact a Miami Cybersquatting Attorney Today

Milian Legal Group can work with you to help you understand the legal framework behind domain names. We can help you take the most effective possible legal action to defend your intellectual property rights. If you have been accused of cybersquatting, we could defend you in arbitration or a lawsuit. We have a track record of delivering effective results for our clients. You should contact a lawyer today to discuss your individual matter. You can send us a message online or call us today at (305) 788-6680. We offer free consultations to speak with you, and there is no further obligation.