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Don’t Forget About Domain Names

By Brent Lorentz on March 6, 2015
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One aspect of intellectual property law that doesn’t get as much attention as it maybe should is domain names.  For those of you internet-savvy readers out there (who I assume is most of you), you already know that domain names provide the virtual address where customers and others can hopefully find your goods and services.  But did you know that there exists a Uniform Domain Name Dispute Resolution Policy (“UDRP”) which requires appropriate and specified treatment of trademark-based domain name disputes.  (See here.)  In pertinent part, the Rules provide:

You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

This process can provide a quick and relatively inexpensive process for recovering domain names that trademark holders believe could be infringing their rights.

Another thing that may not be known about domain names is that they can also be considered be “property” subject to attachment and garnishment by creditors in court proceedings.  That was the  result in a Minnesota Court of Appeals case that recently decided the issue for the first time.  See Sprinkler Warehouse, Inc. v. Systematic Rain, Inc., A14-1121 (Feb. 2, 2015).  This result appears to be uniform across all U.S. jurisdictions that have addressed the issue.

Domain names were seemingly more important prior to the proliferation of quick and accurate search engines.  Nowadays, people can start a Google search from their address bar and quickly find the site they are looking for without knowing the actual domain name.  However, these little online domiciles are still important markers as they are the primary business address in the virtual world.  There is significant value associated with these domain names, and it is important to keep that in mind.

Brent Lorentz

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law…

View my professional biography

Sitting here, composing a profile for a blog on creativity and the law, I can’t help but recognize the irony of my overwhelming writer’s block. But, here we go…Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. My gravitation towards intellectual property law, specifically, was probably less accidental, given the immeasurable impact of being a college student during the Napster® era. I’m the product of a modest, small-town Minnesota upbringing combined with some polish from a diverse educational background. I received my engineering degree from the University of North Dakota and then, on a whim, moved to North Carolina to attend law school at Duke University. The drastic temperature swing was certainly not the only difference between the two locales, and come to think about it, the only real similarity is probably the word “North.”

An engineer by training, I appreciate both quantitative and qualitative valuation. These two concepts collide head-on in IP law, creating what is, in my humble opinion, the most entertaining and exciting area of law. As we move towards an information-based economy, the laws which govern the incentivization, protection and distribution of information will only become more important.  I see IP law as the front line.

When I’m not focusing on the law, I can typically be found (WARNING: stereotype coming) on the golf course. I also enjoy skiing (downhill and water). Unfortunately, as is the case with most hobbies, my skill level has not yet caught up to my enthusiasm. Perhaps when I retire…

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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