Defending Against Cybersquatters by Leveraging Internet Policy and the Virginia Court

A cybersquatter can exploit a company’s brand from virtually anywhere in the world, but businesses may have more powerful tools to fight back than they realize. In a recent article for Today’s General Counsel, Woods Rogers Principal and Tysons Office Managing Partner Neal Seth discusses the legal strategies available to companies facing cybersquatting and other abusive domain name registrations.

In the article, Neal explains how businesses can use the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address domain names that are identical or confusingly similar to established trademarks. He also discusses the limitations of the administrative process, including the lack of monetary damages, discovery tools, and injunctive relief.

For more complex matters, Neal explores the enforcement tools available under the federal Anticybersquatting Consumer Protection Act (ACPA), including the ability in certain circumstances to bring an action directly against an infringing domain name when the registrant is anonymous, overseas, or otherwise difficult to locate.

Neal encourages in-house counsel to assess the nature of the threat early and determine whether an administrative proceeding is sufficient or whether federal litigation provides the remedies the situation requires.

Read Neal’s full article in Today’s General Counsel.