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Domain names are an increasingly important component of your brand and of your intellectual property. That is why it is vital that you have access to the recourse you need in cases where your rights are infringed.

At Cleveland IP, we are able to help you prevent cases of “cybersquatting”, where another party unjustifiably claims a name associated with your business, and assist with remedial actions should an incident of cybersquatting take place.

Where a domain name infringes your intellectual property rights, or has been registered in ‘bad faith’, there are specific forms of recourse available, which are different from those which can generally be used in cases of trade mark infringement.

Should cybersquatting affect you, our attorneys are experienced in dealing with cases at the Nominet.UK Dispute Resolution Service for UK addresses and the WIPO Uniform Dispute Resolution Procedure (UDRP) for international domains.

Where domain name disputes relate to trade marks, we are also able to assist with trade mark litigation.

Infringement of your IP rights in the form of domain names registered in bad faith can damage your brand and your business. For specialist advice on this please contact us today.

FAQs:

What rights do I have over domain names?

Your rights differ for .uk domain names and others such as .com, .org or .net domain names.

What about UK domain names?

In the case of disputes relating to UK addresses, these are dealt with through the Nominet.UK Dispute Resolution Service through a policy based around the use of mediation.

What kind of cases will Nominet.UK look at?

Essentially, to have recourse through the Nominet.UK process, you must show that you have “rights in respect of a name or mark which is identical or similar to the domain name”. This can apply to circumstances were another party has registered a similar domain with the intention of misleading internet users, for example.

So what’s the procedure for international domains?

Disputes Relating to international domains are dealt with under the WIPO Uniform Dispute Resolution Procedure (UDRP).

What kind of cases can be dealt with under the UDRP?

The rules of the UDRP require that the domain is the same or similar to a trademark owned by the complainant, the registrants has no legitimate interests in the domain name and it has been registered in bad faith.

 

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