Domain Name Disputes
For most companies today, an Internet presence is an integral aspect of their branding strategy. Domain names which often incorporate all or part of a company's name or trade-mark is central to that strategy. Cybersquatting or domain squatting is the registration or use of a domain name with intent to profit from the goodwill of another's trade-mark, often through offering to sell the domain name to the trade-mark owner at an inflated price. Domain names have also been registered by competitors to block the trade-mark owner from doing so.
While disputes involving domain names may be commenced through the Courts, jurisdiction over the registrant of the disputed domain name can be an issue. As an alternative to Courts, disputes alleging the bad faith registration of domain names involving core generic top-level domains such as ".com", ".info", ".net" or ".org", as well as other generic top level domains including, ".biz", ".coop", ".info", ".name" may be pursued through administrative proceedings under ICANN's1 Uniform Domain Name Dispute Resolution Policy ("UDRP"). Domain name disputes involving the Canadian country code top-level domain name, ".ca", may be pursued through CIRA's2 Domain Name Dispute Resolution Policy ("CRDP"). These administrative avenues are generally more expeditious and cost-effective than proceeding through the Courts and are the preferred route for trade-mark owners. A successful UDRP or CDRP complaint results in cancellation or transfer of the disputed domain to the complainant.
Whether through Federal Court proceedings, or the UDRP and CDRP complaint processes, Bosman Law assists trade-mark owners in policing and enforcing trade-mark rights on the Internet.
See also Intellectual Property Litigation.