Dispute regarding a domain name in conflict with trademarks and domain name management
BRANDON IP is capable of freeing you from managing the reservation and renewals of your domain names in all existing zones.
We are also able to monitor your domain names online to detect any attack by third parties, and in case of a conflict, manage the filing and preparation of complaints with the WIPO, the AFNIC or any other international body.
With the trademark and domain name going hand-in-hand, the goal here is not only to ensure the proper protection of your rights according to your exploitation, but also the monitoring and defence of your reserved monopoly.
The domain name is an intangible asset and an important mean of identification of your business, especially as an increasing share of purchases is now being made online.
It is made up of a name and an extension.
There are generic extensions (e.g.: .com; .biz; .org) and national extensions (e.g.: .fr; .eu; .co.jp)
The domain name is not reserved from Intellectual Property Offices, but instead from registrars. At reservation, it is not necessary to specify the activity that you wish to develop on the corresponding site.
The awarding rule is “first come, first served”.
In principle, it is not possible to adopt and use a name harming a previously registered trademark, a company name, an AOC, a famous surname, etc. as a domain name.
However, there are numerous fraudulent reservations of domain names, for instance based on spelling variants of famous trademarks, or on rarely used territorial extensions.
In case of a conflict, there is a system that parallels the judicial system, namely the UDRP complaint, which can be filed with the WIPO arbitration and mediation centre.
We can assist you in the following processes:
1/ The acquisition and retention of your rights
- Protection strategy
- Verification of the availability of domain names
- Reservation of domain names
- Surveillance of due dates
- Renewal of domain names
- Registration of modifications with the registrars
2/ The defence of your rights
- Watch of similar domain names
- Filing and monitoring of administrative proceedings
- Proposal and management of pre-litigation procedures
- Filing of complaints before the arbitration and mediation centre of the WIPO
- Lawsuits for infringement, unfair competition and others, particularly with specialised lawyers
3/ The enhancement of the value of your rights
- Negotiation and drafting of contracts (transfer, licence, coexistence agreement, etc.)
- Domain name audit or Due diligence
- Advice concerning rights management
- Financial valuation of domain names