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Domain Disputes and Internet Lawyer

Cybersquatting Lawyer | Internet Law

We can help you seize a domain name which should rightfully belong to you

We may be able to help you seize a domain name in which you have rights by filing an ICANN UDRP arbitration action. Call us now at: (801) 347-5173, or email: steve@uspatentlaw.us  

archersytems.com
Steven L. Rinehart is adept at Internet domain name disputes, which are a form of trademark litigation. No matter where in the U.S. or world you are located, Steve may be able to help you file a UDRP complaint to seize an Internet domain which rightfully should belong to you, or defend you in an action wrongfully initiated by another. He has handled hundreds of UDRP cases and is one of the few litigators to offer contingency representation to most UDRP clients. Please call him at: (801) 347-5173 for a free consultation, or email him. 


Statistics include:

  • In 2007, 78.8% of the 6,548 UDRP Arbitration complaints filed resulted in the complainant (the filer), gaining control of the domain name in dispute. Figures are similar in 2017.
  • In addition to our fees shown above, ICANN charges a $1,300 filing fee to initiate an arbitration proceeding (single member panel).
  • In more egregious situations, we may also be able to file a federal lawsuit seeking damages for cyber-piracy, cybersquatting, trademark infringement, and unfair business practices.

Recent Victories in Federal Court:

  • costarica.com (won from registrant in federal court in Virginia);
  • ezq.com (won federal ex parte TRO forcing VeriSign to strip this three-letter domain from its Chinese registrant and deliver to California corp);
  • ksoftware.com (won federal court transfer order in Virginia stripping this domain from its Caribbean registrant for Kentucky corp); 
  • truckmaster.com (secured domain in settlement during ACPA federal case after removing case from state court and after UDRP loss); 
  • bullex.com (won federal transfer order stripping this domain from its Korean registrant for New York corp); 
  • websitelawyer.com (won transfer order seizing domain from its registrant);
  • bgolding.com (order transfering personal domain name);
  • badapple.com (transferred day of TRO hearing); and
  • Rarely issued TRO in favor of defendant and counterclaimant to an IP case.

S. Rinehart

Western IP Law can help you file a UDRP Complaint to seize a domain name being used abusively

Just like a patent, a domain name is a piece of intellectual property. If someone has registered, and is using, a domain name that is confusingly similar to your own in an abusive manner, USPatentLaw may be able to help you gain ownership of that domain though a quick and simple arbitration process. Examples of abusive behavior by others which may entitle you to gain control of their domain, include: (1) registering a domain name that is a misspelling of your domain, (2) registering a domain name that is similar enough to your domain that users looking for you are arriving at their domain by mistake, (3) designing or operating a website that mimics your website in some way that confuses users, or causes them to believe you condone or are associated with the infringing domain, and (4) embarassing you or your users by putting objectionable material on a domain name similar to yours (such as pornography). Individuals and organizations which engage in these behaviors are called cybersquatters or cyberpirates. Cyberpirates often engage in the above listed behaviors in an attempt to extort exorbitant purchaes prices for the infringing domain name out of legitmate website owners. The quasi-private authority which controls ownership of all domain names is called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN provides a simple procedure for resolving disputes related to abusive behavior, and we can represent you in availing yourself of that procedure by initiating an arbritration proceeding. We do this by filing what is called a UDRP Complaint (or QCP or CEDRP Complaint).

Generally, the complainant (the party complaining about another's use of of an abusive website) files what is called a UDRP Complaint. The filing fee to file this complaint is currently $1,300 for a single-member panel and $2,600 for a three-member panel. The fees may increase if more than one domain name is in dispute. The respondent (the party controlling the allegedly abusive website) has twenty (20) days to answer the complaint. Often the respondent will not answer, in which case the complainant often wins by default. If the respondent does answer, the complainant has five (5) days to submit any additional relevant materials, and the respondent then has five (5) days to make a final submission. In three-member panels, the complainant and respondent engage is a process of selecting and disqualifying panelists such that both have some say in who is, and is not, on the panel. A final decision by the panel is rendered within fourteen (14) days of the final submission, if any, by the respondent. The decisions of the arbitration forum's panel can be taken up with a federal district court within ten (10) days of the arbitration forum's final decision, but are usually left to stand by the litigants (are usually not appealed by either party).

Disclaimer

Nothing on this web site is legal advice and nothing creates an attorney-client relationship. This website is no substitute for the legal counsel of a lawyer or registered patent attorney. Links to other web sites are provided for your convenience and educational purposes. Material presented on this web site is presented on an “as is” basis and may not be accurate. Any representation to the contrary is expressly disclaimed. Use this website is at your risk. We are not liable for any damages caused by use of USPatentLaw.us.

 

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Contact Information

110 S. Regent Street, Suite 200 
Salt Lake City, UT 84111 
Office: (888) 941-9933 
Direct: (801) 347-5173 
Fax: (801) 665-1292 
steve@uspatentlaw.us

The filing fee to initiate a UDRP action is $1,300 to $1,500 for a single domain.  Attorney fees are usally less than $3,500, but more in contingent fee cases.

We often represent clients in UDRP actions on contigency, meaning we will represent you free of charge (except the filing fee) unless, or until, you win if we decide your case has merit.  The cases of most people who contact us do have merit.  We will offer you the option of paying a flat fee to represent you in a UDRP action, or of paying us nothing up front and a higher fee if you win.