Domain Name Infringement & Domain Name Disputes.The ability to use your business name as part of your domain name is likely to play a key part in attracting customers and potential customers to your website. It is as an asset and as such should be protected and monitored just as you would protect your office premises or stock.
The law offers protection against people who act in bad faith by, for example, registering a domain name based on your business name and/or trademark sometimes known as Cybersquatting. Motives for acting in such bad faith may include a desire to sell the domain name to you (or someone else!) or attract clients away from your business - either to draw them to a competitor or, at worst, a fraudster passing off counterfeit goods as your own to unexpecting members of the public. In addition to a loss of business this could have a dire consequence for your brand as any counterfeit goods will of course be of low quality and/or dangerous.
Legal Advice On Domain Name IssuesThis is the position where “things have gone wrong” and urgent action needs to be done to put it right. There are however, pre-emptive steps you can take to minimise the chance of you falling victim to such bad faith activities and guidance is set out in our brand protection section. Prevention is always better than cure.
Domain name infringement or cybersquatting cases often involve the arrears of trade mark infringement and/or passing off.
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Trademark Infringement and Passing Off.You may discover that your competitors or other third parties are taking unfair use of your trademarks on their website. A range of legislation exists to allow you to take action against those using your business name/trademark unfairly. It may also be possible to recover substantial damages in the process.
Whilst we have issued numerous proceedings for passing off and/or trademark infringement in the internet field, we have often found that a strongly worded letter to the infringer can resolve matters quickly and cheaply. We dealt with a case recently where a competitor had simply copied images from our client’s site and used them on their own. The infringing company naturally had to accept it was a “fair cop”, especially as our client’s employees were actually featured in the images! The point is that early action may be cheap and quick but even if the matter is contested we can work with you to achieve the required outcome.
The danger is delay – you may find that either your options are reduced or eliminated altogether if you delay taking action.
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How To Protect Your Online Brand In the event you find yourself the victim of Cybersquatting or domain name infringment we can take efficient and decisive action. Prevention is better than cure. There are a number of strategies which all involve less time and expense than taking action “after the event”.
Brand Protection strategies include:-
• Owning the relevant domains. If you own "forexample.com" have you considered "forexample.org.uk" or any of the other variations; • Monitoring the registration/use of domains which include your trademark or business name; • Ensuring you are aware of new types of TLD’s becoming available and ensuring you are first in the queue for registering your interest and existing rights.
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About Our Domain Name Protection SolicitorsWe are internet law specialists based in Newport, South Wales. You will find that nearly all of the law firms specialising in domain name law are based in London and charge high hourly rates. Our domain name solicitors offer experience gained in City of London and major international law firms but are basd in an area with far lower overheads. This allows us to pass the savings directly to you which has helped us attract clients from throughout the UK and overseas.
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