DOMAIN NAME LAW AND SOFTWARE AGREEMENTS

INTERNET DOMAIN NAME LAW

The Pennington attorneys have considerable experience in internet domain name law.  It may be helpful to speak with an attorney prior to purchasing a domain name and developing a website.  We can assist you with domain name transfer agreements, website developer agreements and review of the history of a domain name or similar trademarks to avoid potential future legal issues.  

 

Domain names are often trademarks that generate consumer goodwill in connection with the goods or services used in connection with the name.  If another entity or individual registers a domain name using your trademark (or obtains your domain name improperly) you can protect your rights by way of a lawsuit in federal court under the Anticybersquatting Consumer Protection Act ("ACPA") or a domain name arbitration proceeding with an approved dispute resolution provider under the Uniform Domain-Name Dispute Resolution-Policy ("UDRP").  

An attorney can discuss the benefits of each action based on your specific circumstances.  Generally, a federal lawsuit allows the plaintiff to potentially recover damages and fees, along with specific injunctive relief.  A UDRP proceeding only allows an entity to recover the actual domain name that was abusively registered or obtained improperly.  However, a UDRP proceeding is often significantly less expensive and much faster than a federal lawsuit (e.g. 1-3 months versus 1-2 years).  Additionally, a UDRP proceeding can be extremely convenient to recover a domain name from an unknown cybersquatter.  

SOFTWARE, WEBSITE, DOMAIN NAME AND APP AGREEMENTS 

Pennington attorneys can assist you with drafting contracts to protect your software.  These contract include, but are not limited to, software as a service agreement ("SAAS"), website development agreement, app development agreement, terms of use, software license agreement, privacy policy, end-user license agreement ("EULA"), etc.  If you are not sure what agreements you may need, our attorneys can assist you with determining which agreements are necessary.  

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