Domain Name Trademark Attorney – Do you understand the impact trademarks have on domain names?

March 24th, 2009

internetlawattorneyTraverse Legal’s attorneys specialize in domain name trademark law. We represent domain name owners and domain name buyers, helping them understand how trademark law can seriously impact their rights in a domain name.  Domain names worth tens of thousands, hundreds of thousands and even millions of dollars have been forcibly transferred under the UDRP from domain owners  without any compensation.

If you don’t protect your domain investment, you  could have your domain name taken forever.  Our domain name attorneys can help.

Domain Sellers – If you are selling a domain, there are a number of issues you need to be extremely careful about.

  • Avoid Being Sued for ‘Bad Faith’ Cybersquatting – If the buyer has trademark rights related to your domain, you offer to sell above cost may trigger liability up to $100,000 or result in a forced transfer of the domain to the trademark holder without compensation to you.
  • Register Your Domain as a Trademark – If you want to increase the value of your your domain name, you should consider  registering the domain as a trademark and offering it as part of your domain name sale.

Domain Buyers – Nowhere do the words “Buyers Beware” apply as much as in the domain market.  When you register or buy a domain, you certify that you are not infringing any third party trademark rights. The law requires you to ensure you do not infringe any trademark rights of others.

  • Trademark Availability / Clearance Report –  Before you spend substantial money on a domain, you should always do a trademark availability search.  Even seemingly generic or descriptive domains can be trademark protected.  You could purchase the domain and have it taken from you  without compensation if your use (including parking pages) conflicts with a prior trademark holder.
  • Domain Portfolio AnalysisEver wonder which domain you should park, whether to reach out to a third party to see if they are interested in buying your domain and/or which domains in your portfolio may have trademark issues?  We do comprehensive domain  portfolio analysis so that you don’t lose your high value domains to a forced transfer under the UDRP, or get sued for cybersquatting under the ACPA.

If you have a trademark or cybersquatting domain name issue,  Contact one of our domain name trademark attorneys today for a free evaluation or call us toll free at 866.936.7447 to discuss the importance of trademark registration and the value of a trademark cease and desist letter.