Get Your Domain Name Back from Cybersquatters & Internet Thieves!
P.O. Box 1293
New York, NY 10025
1-866-618-2517 (toll-free)
Xavier Morales, Esq. is a licensed attorney who focuses his practice on trademarks and domain name disputes. Mr. Morales received his law degree from Harvard Law School. Mr. Morales may be reached by e-mail at xm@secureyourtrademark.com, or by phone at 1-866-618-2517.
What is Cybersquatting?
"Cybersquatting," according to the United States federal law known as the Anti-Cybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. The "cybersquatter" sometimes offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.
The term is derived from "squatting", which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent or otherwise have permission to use. Cybersquatting however, is a bit different in that the domain names that are being "squatted" are (sometimes but not always) being paid for through the registration process by the Cybersquatters. Cybersquatters usually ask for prices far greater than that at which they purchased it. Some cybersquatters put up derogatory remarks about the person or company the domain is meant to represent in an effort to encourage the subject to buy the domain from them. Others post paid links via Google and other paid advertising networks to the very (legitimate) site that the user likely wanted, thus monetizing their squatting.
Cybersquatters sometimes register variants of popular trademarked names, a practice known as "typosquatting."
For more information on Cybersquatting, or for a free attorney consultation, contact Mr. Morales toll-free at 1-866-618-2517.
How can Cybersquatting affect me or my business?
One important aspect of trademarks and domain name law is the matter of security and fraud. It can be very easy for someone to set up a domain name similar to your business and "steal" away your customers while they pretend to be you or your business. For example, if someone were to set up the domain name "walmartinc.com" and pose as the company WALMART, then under the law, this would most likely be considered an infringing domain name, and it could be transferred to WALMART. In the meantime though, the online shoppers could have made purchases with what they thought was a known and trusted brand in which the customer had great confidence, only to be duped and perhaps not receive their purchased goods. If your domain name is trademarked, you would be protected from this kind of situation. If your main business revenue is over the Internet, it is generally highly recommended that you trademark your domain name. In fact, there was a case of a gentleman who used a domain name that included the name Walmart, and after review, it was found that the individual "registered the domain name in bad faith."
Rather than get into situations like the one described above, and to make every effort to show your customers that you are who they think you are, it is a good idea to trademark your domain name. If you do happen to get into a domain name dispute though, contact Mr. Morales toll-free at 1-866-618-2517 to discuss your case.
How can I protect myself from Cybersquatters?
In today's business environment, you should search for an Internet domain name the same day you start thinking of potential business names. They go hand in hand. In fact, you will probably be surprised to find out that domain names can be registered by anyone--whether or not they have any legitimate rights or interests in the domain name. Think how difficult it would be for you to do your marketing and transact business if someone else owned the domain name to your business name or trademark?
Your best bet is to ensure that your "Internet address" or "domain name" is available and to trademark it for your use in your business. Xavier Morales, Esq. can act as your domain name attorney and your trademark attorney as well. It makes sense that you put both of these important aspects of your business into one law office.
Since the growth of the Internet, domain name law has grown as well. Now, in the Internet age, the ability to secure and protect domain names is a critical component of any business' trademark protection strategy. If someone else has registered a domain name that is confusingly similar to your trademark or business name (sometimes referred to as "cybersquatting"), then you may be legally entitled to have the domain name transferred to you.
For a free attorney consultation, contact Mr. Morales toll-free at 1-866-618-2517.
How do I get my Domain Name back from a Cybersquatter?
Domain name disputes involving trademarks are typically resolved using the Uniform Domain Name Resolution Policy (UDRP) process, which is usually much less expensive and much more efficient than going to court. Under the UDRP policy, successful complainants can have the infringing domain names transferred to their ownership within a matter of weeks.
The Law Office of Xavier Morales can help you reclaim your domain name back from a cybersquatter by preparing and filing a UDRP complaint on your behalf for a flat-fee of $1,500 (plus the costs of the UDRP arbitration proceeding, which usually amount to $1,300).
The Law Office of Xavier Morales advises and represents individuals and companies involved in domain name disputes and domain name arbitration proceedings. For additional information or a free consultation, contact Mr. Morales toll-free at 1-866-618-2517.