Cybersquatting is when a party uses a domain name with a trademark for the purpose of making money.This happens when people buy up popular website domain names with trademarked names.The hope is that the trademark owner will pay to take the name off the individual.If you see that the website is under construction, or if you can't find the server, it's likely that you're the victim of cybersquatting.There are two main ways to fight back if you are the victim of cybersquatting.
Step 1: Make a complaint.
The Internet Corporation for Assigned Names and Numbers is in charge of coordinating domain names.An agreement to follow UDRP is included in any deal between a domain name holder and a registrar.When there is a dispute between the trademark holder and the domain name holder, certain procedures must be followed.You need to draft a complaint that complies with the UDRP Rules.The name and contact information of the domain name that is at issue must be included in your complaint.The domain name was registered by the same person.The trademark is used in the complaint.A description of how you meet UDRP's three elements for a valid cybersquatting claim, which are (1) that the domain name registered by the respondents is identical or confusingly similar to your trademark, (2) that they have no rights or legitimate interests in thedomain name, and (3)
Step 2: The complaint should be submitted to an approved provider.
To begin the official dispute resolution process, your complaint must be filed with a approved provider.You can find the complete list of approved providers on the website.You can submit your complaint to the provider you choose.You will have to pay a fixed filing fee when you submit the complaint.Depending on the provider you choose and the manner in which the complaint is to be heard, the filing fee will vary.
Step 3: Wait for a response.
The provider will submit a verification request when they receive the complaint.This request will prevent the Respondent from making any changes to the domain name information.When the lock is confirmed, the provider will notify the person who filed the complaint.The complaint will be responded to within 20 days.The response will include every reason why the Respondent thinks they should retain the rights to the domain name.
Step 4: A panel should be appointed.
If you want your dispute to be heard by a single-member panel or a three- member panel, you and the other party will have an opportunity to voice their opinions.A single panelist from the provider's list will be appointed if both parties choose a single-member panel.If you and the other party decide to have a three-member panel decide the dispute, you will be able to submit names of three possible candidates.The provider will attempt to include at least one panelist from each party's list in the final panel.
Step 5: You can submit evidence.
The provider will forward your complaint to the panel once it has been chosen.If the panel requests it, other evidence can be submitted.Unless the panel decides that it's necessary, there won't be any in-person hearings.
Step 6: Wait the decision.
Within 14 days of being appointed, the panel will draft a decision after reviewing all of the evidence.The reasons for the panel's decision will be explained by the decision.The provider will receive the decision from the panel.Within three days of receiving the decision, it will be forwarded to you by the provider.The provider will forward the decision to the applicable registrar.The domain name registrar will have to implement the decision after receiving it.
Step 7: You should hire a lawyer.
ACPA is a federal law that allows the trademark owner to obtain an order requiring the cybersquatter to transfer the domain name.The cybersquatter may have to pay damages.If you are going to be filing a lawsuit in federal court, you should always hire a qualified lawyer to help you through the process.Contact your state bar association's lawyer referral service to find a lawyer.After answering a few questions about your legal dispute, you will be put in touch with a number of qualified lawyers in your area.If you have a few qualified candidates, call them and ask for an initial consultation.You will be able to ask the candidates questions about your case during the meetings.The lawyer should have a good grasp of your case and feel comfortable with the subject matter.Ask the lawyer how much he or she charges.Hire a lawyer after you conduct your initial consultation.
Step 8: Evaluate ACPA.
When you hire a lawyer, talk to him or her about your lawsuit.If you want to bring a case under ACPA, you have to prove that the domain name holder had a bad faith intent to profit from your trademark, that it was distinctive when the name was registered, and that there is a similarity between the two names.If you succeed in suing under ACPA, your remedy will usually be the transfer of the domain name to you.
Step 9: Determine who you will file a lawsuit against.
You will have to figure out who to file a lawsuit if you think you can meet all the elements.If there is a court that has jurisdiction over the person, you can take the domain name holder to court.The fact that you may not be able to find the domain name holder is contemplated by ACPA.If you can't locate the owner of the domain name, ACPA will allow you to file a civil action against it.If the domain name holder is not subject to a court's jurisdiction, you can bring an in rem civil action under ACPA.
Step 10: You should decide where to file your lawsuit.
The ACPA lawsuit must be filed in federal court in the district where the property is located.If you are asserting in personam jurisdiction against the domain name holder, you can file your case in the federal district where the defendants reside, maintains connections, or is served.If you want to assert rem jurisdiction, you need to file your case in the district where the domain name holder is located or where you can establish control over the registration and use of the name.
Step 11: You can draft your complaint.
A lawsuit starts with a complaint.What you are suing for and how you want the case to be resolved are what it tells the court.The case caption, which identifies the parties to the case and the court you are suing in, is required in your complaint.Whether you would like a jury trial.There is a description of jurisdiction if the court has in personally or in rem jurisdiction.You are suing for cybersquatting under the ACPA.The remedy you want is a forfeiture of the domain name by the holder and a transfer of ownership to you.
Step 12: You have to fill out your summons.
A summons is a form that tells the other party that they are being sued.All you have to do is fill out the form and send it to the other party.You can find the time limit in the Federal Rules of Civil Procedure, which can be downloaded from your court's website.The response times for different types of cases are usually 30 days.
Step 13: You can file a lawsuit.
Take your complaint and summons to the federal courthouse and file them with the clerk of courts.If your documents are satisfactory, the clerk will ask you to pay the $400 filing fee.You can ask the court to waive the filing fee if you can't afford it.The lawsuit will be stamped as "filed" if you pay the fee.Your lawsuit won't be stamped as "filed" until your motion is granted.
Step 14: The defendants should be served.
Once your lawsuit has been filed, you will take a copy of the complaint, as well as the official summons, and give them to the defendants.If you serve a copy of your lawsuit on the defendants, they will be able to respond.Hire someone to give a copy of the document to the other person.When service is complete, the server will fill out a Return of Service form that you will file with the court.
Step 15: Wait for the answer from the defendants.
The defendants will have to respond to the summons within a certain period of time.The defendants will usually file an answer and serve it on you.The answer will respond to your allegations by admitting or denying them.The case may be dismissed if the defendants file cross-complaints.The answer will give you an idea of how the case will be fought.If the court enters a default judgment in favor of you, you will get the relief you requested in your complaint.
Step 16: Conduct discovery.
You can exchange information with the other person in order to get ready for the trial.You will want to know who the witnesses are, what documents are out there, and what the defendants will say.Depositions are in-person interviews with witnesses and parties that you can use to get the information you want.The interviews can be used in court.Questions are posed to witnesses and parties in interrogatories.The questions can be used in court.The defendants are asked to hand over relevant documents in document requests.Requests for admissions are when the defendants are asked to admit or deny certain facts.The issues that need to be dealt with at trial are minimized by this.
Step 17: There is a motion for summary judgment.
The defendants are likely to file a motion for summary judgment after the discovery is over.The court needs to be persuaded that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.The defendants are saying that even if the court made every factual assumption in your favor, you would still lose.You can file your own evidence and affidavits that will convince the court that factual disputes exist and should be handled during trial.
Step 18: Attempt to work out a solution.
Settlement is a possibility if you make it past the summary judgment phase.It can cost more than your case is worth to go to trial.If you win at trial, you might end up losing money.Transfer the domain name to you if you want to attempt a settlement in your ACPA case.You can tell the defendants that you will pay a small fee for the domain name.If you can't come to an agreement, you could try mediation, which involves asking a neutral third party to get involved and help the settlement process.A third party is asked to hear evidence and draft an opinion.Both parties will present evidence to the arbitrator, who will draft an opinion.
Step 19: Attend the final hearing.
If you can't settle your case out of court, you have to attend a final pre- trial hearing to discuss the issues that need to be heard at trial.A trial road map and schedule will be created by the judge.You should bring up every possible issue during this meeting.You will not be able to raise the issue at trial if you forget to do so.
Step 20: Pick a jury.
You will choose your jury during a process called "voire dire" if you invoke your right to a jury trial.Potential jurors will be asked questions in order to assess their ability to impartially hear and decide your case.You can ask the court to remove a juror if you don't think they can be fair.Your trial will begin once you have chosen your jury.Your case will be heard by the judge if you waive your right to a jury trial.
Step 21: Make a statement.
The opening statement is the most important part of a trial.Your opening statement should consist of a short synopsis of the case and you should assure the court that you will win.During your opening statement, do not introduce any evidence or make things confusing.You should be brief and to the point.The defendants will be able to make an opening statement after you.It is possible for the defendants to wait until they present their case to make their statement.
Step 22: You should present your case.
The first thing you will do is present your case.In your case, you will call witnesses to the stand and introduce testimony and physical evidence through them.The Federal Rules of Civil Procedure can be found on the court's website.The defendants will be able to cross-examine your witnesses when you are done asking questions.Prepare your witnesses for cross-examination by thinking of questions the defense might ask and coaching them about those questions.
Step 23: The witnesses should be cross-examined.
The defendants will have an opportunity to present their case when you rest and finish presenting your case.You will be able to cross-examine the witnesses after the defendants questions them.You will try to make the witness look biased or untruthful during the cross-examination.If you deposed a witness who said she knew your trademark existed, but she didn't know it existed during trial, you will bring this up.
Step 24: You should give your closing argument.
When the trial is over, you will give a closing argument.Your closing argument should include a recap of the case and all the important evidence in your favor.You should win if you have met the law's burdens.This is your last chance to talk with the court and you want to make it a good one.The defendants will have a chance to make a closing argument when you are done.
Step 25: Wait the verdict.
After the trial is over, the fact- finder will take a moment to consider the evidence they heard.The verdict will be announced in court when the fact- finder comes to a conclusion.The domain name will be transferred to you if you win.The domain name will remain in the defendants possession if you lose.