Domain Name Disputes Go Worldwide As Businesses Expand
American companies that are looking to take their products worldwide should seek to set up domain names overseas. With more than 250 country domain names, businesses will want to consider what markets are the most attractive to keep costs and paperwork down. Business experts recommend strategizing where you want to sell your products or services for the next three years.
Each country has its own Country Code Top Level Domains, also known as CCTLDs. Each country has its own standards, so that is why working with a skilled intellectual property attorney can help determine what legally needs to be done to get your domain up in the countries desired. Some countries require a trademark, others need local business registration, and some still require a company to have a local address to get that country’s domain attached. It is important to select a domain name that is not similar to a competitor’s name or trademark to minimize disputes.
But if you should find that someone else has taken your business’ name in bad faith and for their gain, an intellectual property lawyer can pursue the allegation of cyber squatting. Settling cross-border disputes involves showing that your business name is distinctive and that the domain name is being used in bad faith. Having a trademark already established can be crucial to protecting your business’ intellectual property.
A person or company might have obtained the domain name in bad faith, which could mean that they did so for no other reason than to resell it to you at an inflated price, to appear as though they are related to your business, or for economic gain off of your company’s good name. Cybersquatting costs $1 billion annually for U.S. businesses, reports CNN World. Countries have varying dispute resolution policies, so an attorney can help your business uphold your trademark, seek relief from the damages incurred, and halt the squatter from continuing to erode the business’ livelihood.
During the dispute resolution or court proceeding, you must show that you own a trademark that is the same or confusingly similar to the opposing party’s domain. It must be proven that the party that took the domain name has no legitimate interest in that name, and that it was registered and operated in bad faith. When these three points are evidenced, the domain name can be cancelled or transferred to the rightful trademark owner.
The Law Offices of Spotora & Associates had national and international experience in domain name and intellectual property disputes. Anthony Spotora is a respected Los Angeles intellectual property lawyer and Los Angeles business attorney. To learn more, visit http://www.spotoralaw.com/.
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