Intellectual Property Lawyer | Patent and Trademark Agent

Domain Name Disputes

 

One of our specialties is advising on and resolving domain name disputes, including dot-ca domain name disputes. While the default success rate of such cases is relatively high to begin with, we take steps to help ensure the success of your case.

We also advise on legal issues related to the newly introduced top-level domain names, including mechanisms such as the Trademark Clearinghouse to assist in early participation in the new domain names, and low-cost dispute resolution methods using the UDRP, CDRP or URS.

Our lawyers have been active participants in industry groups looking at domain name issues, and are familiar with most legal issues facing domain name participants and the harms of marketplace confusion over the Internet.

OUR DOMAIN NAME DISPUTE SERVICES INCLUDE:

Advising on the likelihood of success in a domain name dispute.

Initiating and responding to domain name complaints in UDRP, CDRP or URS proceedings, as well as domain name complaints in the Courts.

Drafting and negotiating settlement agreements in respect of domain name disputes.

 

 

Services / Domain name disputes

Domain name disputes and online brand protection


A domain name dispute may involve a copied brand, a misleading website, a former business relationship or a complaint against a legitimately held domain. The appropriate response depends on the facts, the domain and the rights involved.

I advise complainants and respondents on domain name disputes, including UDRP matters and Canadian .ca disputes under the CDRP.

Choosing the appropriate response

The initial assessment may consider the relevant trademark rights, the history of the domain, its registration and use, the relationship between the parties, and the outcome sought.

The appropriate procedure depends on the nature of the dispute. Contractual disputes, ownership issues and broader misconduct may call for court proceedings or other measures.

Assistance with complaints and responses

My work includes reviewing the basis for a complaint, assessing the available evidence, preparing complaints or responses, and advising on settlement. Where related court proceedings or other enforcement measures are relevant, those options can be assessed as part of the broader strategy.

Online impersonation and related conduct

Domain misuse may appear alongside misleading online profiles, copied website material or other brand-related conduct. It is useful to assess the underlying problem and the related instances together.

Information for an initial inquiry

Please identify the domain name, your business or client, the other known parties and any deadline. Give a brief non-confidential explanation of the issue and identify any public trademark registration or existing proceeding.

We will confirm the appropriate arrangements for reviewing confidential documents and evidence. Keep account credentials secure.

Discuss a domain name dispute

IP disputes | Trademark protection