IP Essentials: Q&A Series

Q Is it possible to stop someone from registering/ using a domain name with my trademark in it? A Yes. You may be able to obtain (or cancel) the domain name if you can prove that the domain was registered and is being used in bad faith, and that the registrant has no legitimate interest in the domain. In particular, you may be able to file a complaint under the Uniform Domain Name Resolution Policy (UDRP), or by filing a cybersquatting lawsuit. Even if the domain does not incorporate your exact trademark, it may still be actionable if the domain is confusingly similar to your mark. Q Do I need to own a trademark registration in order to bring a UDRP proceeding? A No. While a federal trademark registration is sufficient evidence to prove in a UDRP proceeding that you own a valid trademark , you can still prove your rights to the mark by providing evidence of your sales and marketing efforts while using the trademark. These “common law” rights are enforceable and arise automatically when you begin using a trademark in commerce.

A domain name, also known as a domain, is the internet address used by a web browser to access a corresponding website. Well-known examples include google.com and wikipedia.org. DOMAIN NAMES

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