Internet and Domain Name
Can I stop another person or business from using a domain name that is similar to mine?
Domain names are protectable under trademark law. If your domain name (or a portion of it) qualifies as a trademark, you may be able to prevent another entity from using a confusingly similar domain name in certain circumstances.
What is a cyber-squatter?
A cybersquatter is a person or entity who buys, sells or uses a domain name with the intent to profit off of the trademark of another.
How much does it cost to obtain a domain name?
The cost of a domain name ranges widely based off its demand and ownership.
Who should be listed as the registrant of my domain name?
It is important to ensure that you have control of your own domain name and the content of your website. Therefore, you (or your business) should always be listed as the registrant and owner of the domain name - rather than an employee, hosting service or other individual or entity. You can check the information for your domain name through a "whois" search - for example, at www.whois.com.
How can I protect my domain name?
In addition to ensuring that you are listed as the registrant and owner of your domain name, you can also take other steps to protect your domain name. Often your domain name includes your trademark. Securing a federal trademark registration over that trademark also extends protection to your domain name as well.
Can I collect damages if I sue someone for using my domain name unlawfully?
Yes, the Anti-Cybersquatting Consumer Protection Act (ACPA) allows a trademark owner to collect damages against a bad faith registrant of a confusingly similar or identical domain name. If successful in proving a violation of the ACPA, you may also recover the domain name or require the bad faith registrant to cancel its registration of the domain name.
What is the UDRP?
The Uniform Domain Name Dispute Resolution Policy ("UDRP") is a policy established by ICANN to resolve disputes over domain names in a less costly manner than federal litigation. Although you cannot recover damages through a UDRP proceeding, you may recover or prevent the use of the domain name at issue.