Internet Law Attorneys at Lewis & Hand, LLP, a Brooklyn, New York, Law Firm

Internet Law Attorneys at Lewis & Hand, LLP, a Brooklyn, New York, Law Firm Lewis & Hand, LLP act as a legal advisor and consultant to clients throughout the United States and the world in  disputes handled under ICANN's (the Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy (UDRP).  We also represent clients in federal court in connection with claims brought pursuant to the Anti-Cybersquatting Consumer Protection Act (ACPA).

Contact Lewis & Hand LLP for your initial consultation with Internet law attorney Brett Lewis.

A Brief Guide to Domain Name Disputes

Domain name disputes are often resolved through the Uniform Dispute Resolution Policy (UDRP), an administrative proceeding put in place by ICANN to govern trademark disputes over domain names.  Administrative panels deciding matters pursuant to the UDRP evaluate three factors in determining whether a violation has occurred:

• Is the domain name in dispute confusingly similar to an established trademark? Put another way, is the domain name at issue similar enough to an existing trademark that it is likely to cause confusion among potential clients and customers?
  
• If so, does the registrant of the disputed domain name have a legitimate right or purpose for using the name?  Did he have a trademark in the domain name before he registered it?  Has she used or prepared to use the domain name as part of a legitimate business?
  
• If not, can the complaining party prove that the name was registered in bad faith? Examples of bad faith include, but are not limited to, registering a trademark as a domain name with the intent to sell it to a trademark holder, and registering the trademark of a competitor as a domain name.

Often, the registrants of generic or descriptive dictionary word domain names are threatened or sued. We are experienced in defending against such claims, where the registrations are in good faith and the registrant has made or plans to make a legitimate use of the disputed domain name

Cybersquatting claims can also be brought in federal court under the ACPA, as can actions to declare that a registrant has legitimate rights in a domain name and to stop a domain name transfer ordered by a UDRP panel.  The ACPA also provides for statutory damages, with fines of up to $100,000 per domain name registered and used in bad faith, as well as injunctive relief.

If you have a dispute involving the misuse of a registered domain name, or an overreaching claim or demand letter from a trademark holder, contact a domain name dispute lawyer at Lewis & Hand, LLP to discuss your options.

Lewis & Hand
Attorneys at Law, LLP
45 Main Street, Suite 818
Brooklyn, NY 11201-8200

Phone: (718) 243-9323
Fax: (718) 243-9326

With offices in Brooklyn, Lewis & Hand, LLP serves Internet law clients throughout the United States and internationally, including the New York metropolitan area, New York City, the Bronx, Staten Island, Manhattan, Queens, and Brooklyn, New York.

New York County, Kings County, Westchester County, Nassau County, Rockland County