Domain Name Disputes (ICANN UDRP disputes)

Disputes surrounding the domain name of a business or trademark are considered a form of trademark infringement, which is discussed in greater detail in the Trademark Infringement & Enforcement section. In some cases, individuals set up domain names for websites that are similar to a trademark holder’s domain name to convince people to visit their site on purpose. They rely on the legitimacy of the trademark to divert business to another website.

The Internet Corporation for Assigned Names and Numbers, or ICANN, has an official policy for disputes surrounding domain names called the Uniform Domain-Name Dispute-Resolution Policy (UDRP). This policy can be helpful for trademark owners who are dealing with domain names that are confusingly similar to their trademarks and are being used in bad faith.

If a trademark owner believes that they have an issue with another domain name holder, they can file a formal complaint under the UDRP. If the complaint meets the required criteria, the concerns can be heard in a proceeding. This is considered a form of arbitration that might cost less than a traditional court case. If the trademark owner does not successfully resolve their conflict in a UDRP proceeding, they might still be able to file a claim in court.

Harrigan IP can help with various disputes surrounding internet-based trademark violations. From issuing take-down notices on online marketplaces to assisting with filing a UDRP complaint, our office has experience working with individuals who are facing infringement of their trademarks. We can also provide representation in court if initial actions are unsuccessful. Contact our office to help you maintain control over your trademark.