Domain Name Challenges and Trademark Laws
One of the first steps in starting a Web-based business or organization is choosing a domain name or URL. This may seem like a simple process, but your choice could put you in harm's way if it legally conflicts with any commercial names that already exist.
Domain names are associated with trademark law, and the international intellectual property law firm of WHGC, has extensive experience; we defend clients' choice of domain name against trademark law violation claims and we prosecute trademark law violation claims when domain names infringe our clients' own trademarked URL or business name.
Think Ahead to Protect Your Internet Presence: At WHGC, we build long-term domain name protection strategies that anticipate future problems and maximize profitability. For example, have you considered warehousing domain names that could conflict with yours? Contact our attorneys for professional advice and representation regarding domain name challenges.
Knowledgeable Intellectual Property Attorneys for Domain Name Challenges
WHGC is an intellectual property law firm known for our creative problem-solving techniques. Our team of lawyers boast impressive pedigrees of practical, technical and legal experience. Our operational model allows us to offer premium legal services without the high billing rates normally associated with intellectual property law firms.
In domain litigation, we have represented clients in Uniform Domain-Name Dispute Resolution-Policy (UDRP) hearings before the Internet Corporation for Assigned Names and Numbers (ICANN). We have also pursued our clients' interests in domain name challenges under trademark law, which fall under the Lanham Act (federal Trademark Act).
Early Legal Advice Is Cost Effective · Immediate Intervention Is Essential
Web-based business owners can avoid becoming the subjects of domain name challenges under trademark law by obtaining legal counsel during the process of choosing a domain name and organizing your business. An attorney from our office can help you select a domain name that does not infringe on existing trademarked domain names, and we can also provide efficient assistance in setting up the legal structure of your business.
If you receive a cease and desist letter accusing you of using a domain name that violates trademark law, it is crucial to seek immediate legal advice. Ignoring a cease and desist letter may result in legal action being taken against you or your business — and you run the risk of incurring serious financial penalties.
By the same token, immediate legal counsel is critically important if you suspect that a competing business's domain name violates trademark law by infringing upon your own trademarked domain name.
Learn More · Contact Our Law Firm
We encourage you to learn more about our law firm, our areas of practice, and about the specific topic of domain name challenges. For answers to questions about a specific dispute regarding domain name law, contact us to schedule an appointment with one of our lawyers. We conduct all legal consultations in strict confidentiality, and we manage our legal work according to the highest ethical standards.