DOMAIN NAME FAQs
What is the UDRP, the Uniform Dispute Resolution Procedure? The UDRP is tucked away in your registration agreement, and will in virtually all cases require you to arbitrate any dispute you have with a domain name registrar through the UDRP. UDRP is also an available form to adjudicate cybersquatting claims, but since any UDRP decision can be basically “appealed” by an ACPA action, most lawyers are not interested in pursuing them. On the other hand, many people have used the UDRP system, and it can be faster and less costly than an ACPA suit. See the Legal Links to find out how to file or respond to a UDRP complaint online with the World Intellectual Property Organization (“WIPO”).
How do you buy or sell domain names? Much like any other form of property. A simple form for the purchase or sale of domain names is provided in the Legal Documents. It is not necessarily suitable for all circumstances, and if you are purchasing a really valuable domain name, or at any rate paying a high price for it, please arrange a consultation to plan the transaction.
Are domain names a good investment? Don't waste any money paying domain name registration fees on a name like Pepsistyle.com or TommyHillfinger.com. These worn-out cybersquatting plays will harvest you nothing but trouble. They are an investment in liability, so forget about them. Aside from high-traffic adult names, domain names don't seem to have much more value than discarded department store signs. The magical view that a name alone would bring the world to your door has evaporated, as has the high-tech money bubble that fed the frenzy in domain registrations. What tulips were to the tulip-buying craze that swept Holland in the early 1600's, domain names were at the turn of the millennium. Those days are gone.
How should I get a domain name for my online business? Do what most reasonable business people do when selecting a name for a business — pick a reasonably unique name, and register it as a trademark with the United States Patent and Trademark Office (the “USPTO”). What does trademarking accomplish? Well, it makes you the landlord under the ACPA. As a practical matter, a trademark will trump anyone else's assertion of prior use. No one can gauge future results, but as far as the courts have gone at this time, that is a pretty safe statement.
Please browse the Legal Links to find information about domain names, including the Domain Name Handbook, UDRP decisions, the WIPO website, and other resources.
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How do you buy or sell domain names? Much like any other form of property. A simple form for the purchase or sale of domain names is provided in the Legal Documents. It is not necessarily suitable for all circumstances, and if you are purchasing a really valuable domain name, or at any rate paying a high price for it, please arrange a consultation to plan the transaction.
Are domain names a good investment? Don't waste any money paying domain name registration fees on a name like Pepsistyle.com or TommyHillfinger.com. These worn-out cybersquatting plays will harvest you nothing but trouble. They are an investment in liability, so forget about them. Aside from high-traffic adult names, domain names don't seem to have much more value than discarded department store signs. The magical view that a name alone would bring the world to your door has evaporated, as has the high-tech money bubble that fed the frenzy in domain registrations. What tulips were to the tulip-buying craze that swept Holland in the early 1600's, domain names were at the turn of the millennium. Those days are gone.
How should I get a domain name for my online business? Do what most reasonable business people do when selecting a name for a business — pick a reasonably unique name, and register it as a trademark with the United States Patent and Trademark Office (the “USPTO”). What does trademarking accomplish? Well, it makes you the landlord under the ACPA. As a practical matter, a trademark will trump anyone else's assertion of prior use. No one can gauge future results, but as far as the courts have gone at this time, that is a pretty safe statement.
Please browse the Legal Links to find information about domain names, including the Domain Name Handbook, UDRP decisions, the WIPO website, and other resources.
Home