Domain disputes | pelcman law

Importance of domain names

Domain names further help to establish your brand. Having a good domain name is often just as important as having the trademark. There may be a great harm in allowing a third party to use your trademark in its domain name. Third party acting in bad faith may exploit good reputation of your brand and appropriate your goodwill for its own ends.

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What if someone else uses the domain name?

The general principle is that domain registrations are based on first-come-first-served basis. However, in most registration agreements it is required that the registered domain name does not infringe upon any third party’s rights (e.g. trademarks, business names, etc.). For such cases, the registration agreements often provide for a procedure for resolving possible disputes referred to as alternative dispute resolution (ADR). Thus domain ADR. Those are usually more effective than regular court proceedings.