If you believe someone is using your domain name in bad faith (e.g., obtained a domain name similar to your domain name or with slight typographical errors similar to your domain name or is using a metatag with your domain name or mark), you need the power of an attorney to send a cease and desist letter to have the offending domain name transferred back to you. We also handle domain name disputes through a process known as a UDRP proceeding (the Uniform Domain Name Dispute Resolution Procedure).
A UDRP procedure is a type of arbitration brought before the NAF (the National Arbitration Forum), which was chosen by the main governing body known as the World Intellectual Property Organization ("WIPO"), an international body based in Geneva, Switzerland, and created through a treaty that the United States is a signatory. An UDRP proceeding is an economical alternative to a traditional lawsuit, especially when the parties are located in different countries or it is not possible to locate the offending party.
The end result is that if you prevail in a UDRP proceeding, the offending domain name will be transferred to you to prevent the offending party from tarnishing your good name.
We also have experience defending parties in UDRP proceedings.
If you are involved or about to be involved in a UDRP proceeding and have questions, please contact us for a free consultation at the number listed above or at questions@karenbernsteinlaw.com.