Can I stop someone from using my trademark in their domain name?

Yes, the unauthorized use of your trademark in a competitorís domain name may provide grounds for an infringement lawsuit in Federal Court, State Court or Uniform Domain Name Dispute Resolution Policy (UDRP).

Federal law allows a trademark owner to seek remedy under the Anti-Cybersquatting Consumer Protection Act (ACPA). To succeed under the ACPA, the Plaintiff must demonstrate the Defendantís bad faith intent to profit from that mark and registers, traffics in, or uses a domain name that is identical or confusingly similar to a distinctive mark or dilutive of a famous mark. A court may order the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark.

The Uniform Domain Name Dispute Resolution Policy (UDRP) provides a non-judicial alternative to federal court for resolving domain disputes in an efficient and cost-effective manner. The UDRP is limited to cancelling a registered domain name or transfer of the domain name to the prevailing party. To prevail in a UDRP proceeding you must establish the following:†(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;†(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.

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