An optimal domain name protection strategy includes a continuous surveillance of domain name registers. With such surveillance, it is possible to identify violations by third parties through the adoption of identical or similar distinctive signs (e.g. trademark, company name) and to intervene promptly to prevent illegal use.
When a domain name registered and used illegally by third parties is identified (a practice commonly known as “cybersquatting”), it is possible to intervene through various out-of-court or legal actions.
There is also a procedure, alternative to the legal action, called “re-assignment of domain names” regulated by the UDRP – Uniform Domain-Name Dispute-Resolution Policy” codified by ICANN. The reassignment of domain names, managed by accredited Providers (e.g. WIPO), is a fast and cost-effective procedure, whose outcome could be the transfer of the contested domain name registered in bad faith to the legitimate owner or its cancellation. This procedure does not allow the parties to request any compensation for damages or other measures other than reassignment (e.g. injunctions, penalties).
Our team of experienced attorneys can represent and assist our clients in the domain name reassignment procedure before the bodies accredited by ICANN.
