Posts Tagged ‘domain name trademark issues’

What is a Trademark Domain Name?

Tuesday, May 8th, 2012

Today, we’re talking about the relationship of a trademark to a domain name. This is a very specialized area of Internet law, Internet attorneys such as the attorneys here at Traverse Legal. We specialize in trademark law. We specialize in domain name law. And those two things go together like bread and butter and here’s why. Under the United States code, there’s an Anti-Cybersquatting and Consumer Protection Act that is embedded within the Lanham Act which is basically an intellectual property statute which protects trademarks in the United States under U.S. law. And the Anti-Cybersquatting and Consumer Protection Act or ACPA gives special status to domain names as trademarks.

So, in the normal trademark world, attorneys who specialize in trademark issues tend to spend a lot of time fighting about whether or not a particular use of a word in a particular context is a trademark use. Or whether or not there’s infringement by some other use of the trademark. In the domain name space, Congress essentially said that we are going to give special treatment to a domain name as a trademark. We are going to treat the domain name as the sign above your door. So, in a brick and mortar world when you’re walking down the street and you go by Dunhams or M.C. Sports or Walmart, there’s the big sign. There’s no question that that store is, in fact, Walmart. What they did with domain names is they said they’re going to treat that domain name as a trademark, as a sign above the door.

 

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Trademark Owner Gains Control of Trademark Domain Name from Cybersquatter under UDRP Aribtration

Friday, August 12th, 2011

As an Internet Law Attorney knows, domain name trademark issues often arise in situations where Internet users register a domain name which is trademark protected. Such an Internet user runs the risk of being prosecuted for cybersquatting under the Uniform Dispute Resolution Policy (UDRP) or the Anti-Cybersquatting Consumer Protection Act (ACPA).

Another instance of this often repeated scenario occurred in July to a cybersquatter who lost control of the trademark domain name, manofsteel.com, when a UDRP arbitration panel transferred the trademarked domain name to the parent company of DC Comics (the registered trademark owner of “MAN OF STEEL”), Warner Bros. Entertainment (owned by Time Warner). The cybersquatting culprit is listed on the National Arbitration Forum (NAF) decision as: raton, Coni c/o (‘in care of’) LBR Enterprises, a California based company (Respondent).

Superman Man of Steel, The Movie;

This UDRP administrative decision was rendered shockingly close to the start of filming for Superman: Man of Steel, the newest installment in the Superman series, for which filming was set to begin this August, just one month after DC Comics won the arbitration and gained control of manofsteel.com. Indeed, as of today www.manofsteel.com is not yet live – DC Comics and Time Warner will undoubtedly populate the domain name with content geared towards the upcoming Superman movie, set to be released in 2013.

The UDRP Panel’s decision; Continue reading Trademark Owner Gains Control of Trademark Domain Name from Cybersquatter under UDRP Aribtration »