Work with an Experienced Colorado Domain Name Attorney to Secure, License or Sell the URLs that Matter to Your Business
Owning the domain names associated with your business’s trademarks is important for several reasons. Not only does it ensure that customers are able to find your business’s website as easily as possible, but it also adds value to your company; and, crucially, it prevents other entities from misleading potential customers who unknowingly find themselves on the wrong site. In today’s world, securing relevant domain names is a crucial component of brand management, monetization and growth, and companies of all sizes should work with a Colorado domain name lawyer to make sure they have the necessary assets in their portfolios.
Our intellectual property lawyers represent clients in all domain name-related legal matters. While registering a domain name is itself a fairly straightforward process, there is a lot that goes into selecting the right domain names for a business. Of course, if another company or individual already owns a domain name your business is seeking to acquire, this adds to the complexity, and taking the right approach from the outset can be crucial for securing the desired URL.
Services Offered by Our Colorado Domain Name Law Firm
Our domain name services for startups and established businesses in Colorado include:
Domain Name Selection and Acquisition
With more top-level domains (TLDs) available than ever before, companies face new challenges when it comes to selecting and acquiring the domain names needed to adequately protect their brands. At the same time, scarcity is a factor for many businesses as well, as many desirable domain names are no longer available. Add in variations, potential misspellings and the various other issues businesses should consider, and choosing which domain names to register quickly becomes a much more involved process.
A Colorado domain name lawyer at Maven IP can help you make informed decisions about domain name selection and acquisition. In addition to helping you decide which domain names to register based on your company’s trademarks, we can provide advice regarding the acquisition of “premium” domains and other related issues as well. If a third party owns a domain name you want, do you need to purchase it? Or, are you entitled to a transfer of the domain name on legal grounds? These are the types of questions our lawyers can help you answer.
Domain Name Transactions
If a third party lawfully owns a domain name that you want to acquire, then seeking to purchase or license the domain may be your business’s only option. Our lawyers can help you determine if this is the best path forward; and, if so, we can negotiate the legal terms of the deal and prepare the necessary documentation on your company’s behalf.
We represent domain name owners in licensing and sale transactions as well. When licensing or selling a domain name, there are several important legal factors to consider, and you need to make sure the terms of your written agreement adequately reflect your interests.
Domain Name Disputes
If a third party has registered a domain name associated with one of your business’s trademarks and is using or attempting to sell the domain in bad faith, your business has two primary options available. One option is to file a claim under the Anti-Cybersquatting Consumer Protection Act (ACPA). Under the ACPA, trademark owners can sue for damages, attorneys’ fees and the recovery of domain names registered with the intent to sell them for profit.
Another option is to file a claim under the Internet Corporation of Assigned Names and Numbers (ICANN) Uniform Domain Name Dispute Resolution Policy (UDRP). UDRP claims are generally more efficient than ACPA claims, although the UDRP provides for the cancellation or transfer of the subject domain only. Similar to the ACPA, the UDRP requires evidence that the domain name owner has no legitimate interest in the domain and registered it in bad faith.
In addition to cybersquatting matters, domain name disputes can also arise in a wide range of other scenarios. For example, our firm also handles cases involving disputes between companies that both have good faith claims to a registered domain. We handle disputes arising out of domain name license and sale agreements as well; and, if you are dealing with any other legal issue related to a domain name, we encourage you to speak with a Colorado domain name attorney at Maven IP about what we can do to help.
FAQs: Trademark Owners’ Rights and Domain Name Law
Can I Force the Transfer of a Domain Name that Matches My Business’ Trademark?
Whether you can force the transfer of a domain name that matches your business’s trademark depends on several factors. One of the most important factors is the timing of the domain name registration. If the owner registered the domain before your business adopted its trademark, then you may not have grounds to compel a transfer. Although, there are scenarios in which this is possible—such as the registration of domain names associated with a potential family of trademarks (i.e., iPhone, iPod and iPad). If the owner registered the domain after your business adopted its trademark, then you should be able to compel a transfer—provided that you can prove bad faith.
How Can Business Owners Deal with Cybersquatting?
The two primary ways to deal with cybersquatting are to file a claim under the ACPA or the UDRP. However, in some cases, it may be possible to secure an infringing domain name through a demand letter—and pursuing informal resolution efforts before taking formal legal action can reduce the costs involved in many cases.
How Do I File a Claim Under the ACPA or UDRP?
The processes for filing ACPA and UDRP claims are very different. If a third party is cybersquatting on domain names to which your business is legally entitled, a Colorado domain name lawyer at Maven IP can help you determine the best path forward and take the necessary steps on your business’s behalf.
Speak with a Colorado Domain Name Attorney at Maven IP
For more information about our domain name services, please contact us to schedule an appointment at Maven IP. Call 855-63-MAVEN orinquire online to speak with an experienced Colorado domain name attorney in confidence.