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Uniform Domain Name Dispute Help
The Uniform Domain Name Dispute Resolution Policy has been put in place to make it possible to resolve disputes over domain names quickly and in an inexpensive manner.
Domain name disputes can easily arise as the current policy of first come first served is in place. This means that anyone can register a domain name if it hasn’t been taken up by another party yet.
Trademark owners regularly have to make use of the Uniform Domain Name Dispute Resolution Policy to get infringers of their rights to stop using a domain name.
The complainant must be able to show that the specific domain name is similar to its trademark and thus causes confusion with the public. The complainant must also show that the defendant doesn’t have a legal right to the domain name.
The Uniform Domain Name Dispute Resolution Policy, however, doesn’t prevent domain squatting, it can only come into action once a violation has occurred.
This means that cyber squatters can still go rogue in registering trademark related domain names, which will force the trademark holders to make use of the Uniform Domain Name Dispute Resolution Policy to get some form of relief.
This does mean that Intellectual Property Rights owners must thus compete against the criminal cyber squatters in an unfair competing field to protect their brands.
One way of protecting your trademark in advance is to register all the top level domains such as .co.za., .com, .net, .biz and more for your particular trademark on the Internet to prevent cyber squatters from picking up on the gap and taking hold of the opportunity to register the domains with similar names.
If you need help with Uniform Domain Name Dispute resolutions, contact us at Smit & Van Wyk today.
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