What’s in a (Domain) Name?
When you see “Google” or “Scotch Tape,” what comes to mind? Beyond thinking “search engine” or “adhesive strip” you’ve likely used both as noun and verb to reference specific products and their usage—even when those products are a competitor! (How many people actually “Google” with Bing?)
The point is, there’s power in a name, and you, just like the inventors of Google or Scotch Tape, don’t want anyone using yours—especially as a domain name (also known as a URL). If another company decided to christen itself “Thegoogle.com” or “GoogleMe.com,” would Google have a case to sue them? Of course—which is exactly why you need to have trademarked domain name and a plan to protect it against potential infringers.
That’s where we come in.
The Process of Defending Your Name
Defending your domain name is a technical process that can be resolved in either federal court or by way of the Uniform Domain-Name Dispute Resolution Policy (UDRP) at ICANN. In summary, there are three stages to a litigation:
Pleading stage – This is when the parties to a litigation perfect their “theoretically possible” claims and defenses.
Discovery stage – This is when the parties have the right to request information from each other to see if the facts line up with the theoretically possible claims and defenses.
Disposition stage – This is when the parties explain to the court and/or a jury why the facts line up with the theoretically possible claims and defenses that entitle one side (Plaintiff or Defendant) to relief.
How We Can Help
If you need someone in your corner to stop would-be domain name thieves, look no further than Nexio Law Firm. We have the legal experience and the resources to defend you against anyone who’s trying to steal your URL, weaken your brand and assume your good name. Contact us to discuss options for resolving your domain name dispute.