Domain disputes

Domains are business assets for many companies. 


Websites are a popular and effective way of attracting clients, disseminating corporate information, advertising and placing service platforms.
As a rule, companies oriented towards international markets register domain names in the upper segment domain zones: gTLD (.com, .net, .org, .edu, .info, .biz, etc.). However, the wider company’s business area is, the more chances it faces to come across a dispute over infringement of competitor’s trademark or to fall prey to cybersquatters.


Competitors may turn out to be trademark owners, which will allow them to use the UDRP procedure to file a claim seeking to invalidate the registration of a domain name, transfer of rights to, or amendment of a domain name. Moreover, competitors may petition national courts to seek compensation or damages.
Cybersquatters are those who unconscientiously register a domain name that is equal or similar to a renowned trademark, exclusively for the purpose of further re-selling the domain to the trademark owner. 
Our team is ready to assist you in settling domain name disputes, both in Belarus and abroad.
Our services:

  •     Representing client during the pre-trial stage, in particular preparation of claim (cease and desist letter), response to claim; correspondence with competitor; negotiating over a pre-judicial resolution of dispute;
  •     Representing client in the WIPO Arbitration and Mediation Center under the UDRP procedure with respect to claims involving infringement of trademarks and domain name registration;
  •     Representing client in the Intellectual Property Judicial Board of the Supreme Court of the Republic of Belarus, the Ministry of Antitrust Regulation and Trade (MART) with respect to disputes involving infringement of trademarks, in particular use of similar designations in domain names;
  •     Support in disputes involving infringement of trademarks, contestation of trademarks in the European Union Intellectual Property Office (EUIPO), national courts of European Union countries, Great Britain, USA, and Russian Federation;
  •     Consulting and analysis of prospects of disputes with competitors, criteria of similarity (up to confusion) between trademarks and domain names; of procedures and prospects of contestation of trademarks, preparing recommendations to mitigate dispute risks;
  •     Consulting and analysis of signs of unfair registration/use of trademarks or domain names.

We boast many years’ experience of representing our clients in resolving domain disputes in the Intellectual Property Judicial Board of the Supreme Court of the Republic of Belarus, the Ministry of Antitrust Regulation and Trade (MART) and in the WIPO Arbitration and Mediation Center (using the UDRP procedure). However, many disputes are successfully resolved already during the pre-trial stage.
We actively maintain close relations with partners in many foreign jurisdictions which allows.

 

Our publication for domain disputes topic:

 dev.by - Domain disputes