Can I Really Be Forced to Sell My Domain Name?

Can I Really Be Forced to Sell My Domain Name?

Domain Names, E-Commerce, Trademark, Trademark Infringement
Is it possible for the owner of a domain name used for a business to be forced to sell their domain name? Earlier this month, I received a frantic e-mail from a business owner (to protect the innocent, let’s call her "Debbie"), who had received a threatening e-mail from another business owner (whom we’ll call "Penny"). Debbie’s e-mail went something like this (edited by me for brevity and client confidentiality reasons): I just learned another party has filed to trademark the name of a website I have owned now for several years. She says I have to sell her the domain name. What are my rights? Since this question (in some form or another) is often posed to me, I figured it might be the perfect time to relate some…
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What Is The UDRP? (and Why It Matters to Your Business)

What Is The UDRP? (and Why It Matters to Your Business)

Domain Names, Trademark, Trademark Infringement, UDRP
In the past month, I've had a number of clients who are either facing, or are in a good position to use, the Uniform Domain-name Dispute Resolution Policy (UDRP) for their websites and domain names. Given this rash of requests to our e-commerce law firm, this might be a good idea to explain just what is the UDRP and the advantages it offers online businesses and trademark owners facing disputes over domain names utilizing or confusingly similar to their valuable brands. What is the UDRP? The explosion of the World Wide Web in the very late 20th Century led to a number of enterprising individuals attempting to register trademarks they did not own or had no legal authority to use as Internet domain names. The purpose behind this "land grab"…
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