thrashiedean.com

In order to successfully assert a domain name dispute complaint under the UDRP you have to show that the domain name in dispute is identical or confusingly similar to your trademark, that the respondent doesn\’t have a right or legitimate interest in the domain name, & that the respondent registered ® & used the domain name in bad faith. One of the more common issues relates to pornosquatting. In its simplest form, pornosquatting occurs when your trademark is used as part of a domain name for a website containing pornographic material. Regardless, pornography alone may not actually be enough to show bad faith.

A classic case of "pornosquatting" will, how ever, suffice. Pornosquatting has been held to be clear evidence of bad faith when: (1) a trademark the pornosquatter doesn\’t own is used; (2) the site to which the user is redirected is clearly pornographic; (3) the site is commercial, (i.e. you must pay in order to access further pornographic images); & (4) there is a "mouse-trapping effect" making it more hard for the casual Internet user to leave the pornographic website.

The most successful complaints, or defenses for that matter, know the law, work diligently to discover facts that may not actually be immediately evident, & communicate the party\’s best position to the UDRP panel. Knowing the history of the party\’s trademark & domain name & being able to present exhibits to support the party\’s position are essential, & may include: USPTO trademark registrations; public recognition of the trademark; marketing & sales date; snapshots of the website content housed at the domain name at different intervals in time; testimonials; & many others. In the end, having experience to know what works & what doesn\’t work when presented to the panel is priceless. Fortunately for you, lawyers are available to perform this work at reasonable prices, & you can contact us today to learn more.

Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law. You can find out more about protecting your domain name, UDRP arbitrations & anti-cybersquatting laws at Traverse Legal\’s domain name theft & trademark blogs.

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