Dunlap Bennett & Ludwig’s domain name attorneys represent both owners of domain names and trademark owners in domain name sales, acquisitions, escrow, brokerage, and all variety of domain name disputes and transactions worldwide. These include arbitral disputes under the Uniform Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF), as well as trademark infringement, anticybersquatting, and reverse domain name hijacking (RDNH) claims in state and federal courts across the United States. Our domain name dispute attorneys have both the domain and trademark experience to counsel domain owners on the best legal and non-legal strategies in domain name disputes.
ICANN is the private sector, non-profit corporation responsible for databases related to the namespaces of the Internet and for guaranteeing the Internet’s stability and security. Dunlap Bennett & Ludwig counsels and represents our business clients regarding disputes handled under the ICANN UDRP. Disputes regarding domain names can emerge from legitimate commercial competition as well as from misunderstandings, business opportunism, and domain brokers.
Under ICANN’s UDRP policy, no domain name should be transferred, suspended, or cancelled unless the domain name dispute has been resolved by a written settlement agreement, litigation in a court action, or an approved arbitration proceeding. The UDRP arbitration is typically more expedited and affordable than federal litigation, although the remedies are limited to the transfer or cancellation of the domain name, and actual infringement damages are not recoverable. The firm can help you manage not only the domain name dispute process, but also handle the often-related trademark infringement case and/or the related Trademark Trial and Appeals Board matter that may be filed.
In trademark infringement, anticybersquatting, and reverse domain name hijacking claims under the federal Lanham Act and related state laws, if an infringer cannot be readily identified, claims can be brought against the domain name itself, where the court presiding over the domain registry is located. For all domains ending in .com, that jurisdiction is the Eastern District of Virginia, where Dunlap Bennett & Ludwig’s main office is located and where we regularly practice.
- Assist with brokerage, sale, escrow, and transfer of highly sought-after domain names, and related sales contracts.
- Prosecute and defend numerous UDRP complaints before WIPO.
- Litigate numerous anticybersquatting and RDNH claims in federal court.
- Represented prominent domain name owner in RDNH claim and related contract dispute against a domain registrar that improperly turned over a domain name to a competitor.
For more information, please get in touch with David Ludwig, or any of the lawyers in our Domain Name Group, listed on this page, or email our general client services team at firstname.lastname@example.org.