Enrico Schaefer
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Enrico Schaefer is the founding attorney of Traverse Legal, PLC, a law firm specializing in web law. You can find out more about protecting your domain name, UDRP arbitrations and anti-cybersquatting laws at Traverse Legal’s domain name theft and trademark infringement domain dispute blog.
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Defendants are often confused by lawsuits that come from trademark holders who are seeking to have domains that correspond to their trademarks transferred to themselves. This confusion arises from the fact that registrars do little to nothing to validate the legal right of a registrant to a domain during registration. On the other side, the ACPA protects the rights of many trademark holders when it comes to the use of that trademark in top-level domains.
Just as a trial attorney never enters a courtroom without researching his judge, those who arbitrate before a UDRP Panel need to be aware of the views of the panelists, and the rights granted in the UDRP that can be used to shield hostile panelists.
While the UDRP is an efficient method for achieving the transfer of domain names that violate trademarks, it has no method for preventing their violation in the first place. Luckily, with some help and active prevention, it is possible to prevent any run-ins with the UDRP.
Todays economy is filled with industries who face unprecedented competition as they struggle to gain an edge upon their competitors. As never before, non-compete and non-solicitation agreements are becoming effective avenues through which businesses can protect investments and information that help them in the competitive market.
Non-compete and non-solicitation contracts, along with the legal basis upon which they rest, are complex issues that face both employees and their employers and should be totally understood in order to ensure the rights of both parties are protected in the case of a dispute.
With the Michigan Supreme Court yet to make a decision following the Sixth Circuit Court of Appeals one, the specifics of the enforcement of the SRCA has grown more unclear. However, there are things that a producer can do before they face the severe penalties for what the SRCA deems "improper" withholding of sales representative commissions.
Are you losing visitors to your domain? Are your search engine rankings still yours?
A victory in front of a cybersquatting panel is the major step to getting a stolen domain name returned to you; however, more often than not, implementing the decision of the panel requires further vigilance and work on the part of the complainant.
