Accused of Cybersquatting

I Have Been Wrongly Accused of Cybersquatting

A trademark bully is someone with trademark rights who seeks to use the Anticybersquatting Consumer Protection Act (ACPA) or Uniform Domain Name Dispute Resolution Policy (UDRP) in order to force you to transfer your domain name to their control in order to avoid arbitration or litigation. Sometimes, trademark owners greatly overstate their rights in your domain name in order to force a transfer without paying fair market value for the domain.

If you have been wrongly accused of trademark cybersquatting under the ACPA pr UDRP, we have a cybersquatting defense attorney who can help you understand your options and the costs associated with each.

Defenses to a cybersquatting claim under the ACPA:

1. A domain registrant who registers a domain name before the third party obtained trademark rights, common law trademark or registered trademark rights, may have a defense based on priority of time. It is impossible for you to have registered your domain with a bad faith intent to profit if, in fact, you registered the domain prior to the third party having trademark rights in the first instance. These are complicated issues which require assessment by a cybersquatting attorney.
2. A third party does not have the trademark rights which they allege or their trademark infringement allegation is otherwise weak. A good trademark attorney can help assess the allegations of domain name cybersquatting being made against you in order to understand whether the claim of a trademark right is weak, strong or nonexistent.
3. You were unaware of any third party trademark rights when you registered, used, or trafficked in the domain, and the third party trademark was not a registered trademark with the USPTO. There was no constructive notice of the trademark registration and you had no reasonable way of knowing that the trademark right holder existed.
4. The alleged trademark is generic in that it is a dictionary word or other word which describes the service or product. There is no such thing as a generic trademark. If a word generic, there can be no trademark rights.
5. The trademark is descriptive of the goods and services and therefore extremely weak. Weak trademarks obtain weak protection under trademark law and cybersquatting law.
6. You have a legitimate business purpose for the domain having nothing to do with the third party trademark claim. A legitimate business purpose can be a business plan or web implementation which shows that you did not register, use or traffic in the domain name in order to profit off of the third party trademark rights.
7. You did not register, use or traffic in the domain name with a bad faith intent to profit. In fact, the domain name has no commercial benefit to you at all, and therefore it is not making or seeking to make any money.

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Contact Class Action

Contact One of Our Class Action Attorneys

We represent people like you from across the United States and from countries worldwide in class action cases. We are complex litigation attorneys who understand how to protect your rights. Contact Us Today By Filling Out The “No Risk” Form to the right.

MEDIA INQUIRIES – Click here.

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Necessary UAV Contracts for Professional Drone Services and Businesses

Our team of UAS drone attorneys and industry specialist at the law firm of Traverse Legal, PLC provide essential UAV contracts and documents that are necessary for your professional drone business. We offer several contracts, agreements, manuals and intellectual property projection for both pilots and drone businesses. If you provide commercial drone services, you need industry specific contracts and documents; and we can provide you with those drone contracts and documents.

Consider our “OPs In A Box” – This legal document package includes several key contracts, agreements and manuals that every professional drone operator should have, along with necessary training videos and future upgraded versions over the next 12 months from the date of your purchase. Some of these documents include:

• sUAS Services Contract
• Notice of UAV Operations
• Pilot Contractor Agreement
• Copyright Assignment Forms
• Part 107 Operation Manual
• Mission Briefing Form

Note that we also provide these documents ala carte. For more information about OPs in a Box or other drone contracts, click here.

Some other available documents that we can prepare on your behalf include (but is not limited to):

• Single Member LLC
• Web Site Language
• Non-Compete Agreements
• Copyright Registration
• Custom Contract Drafting

If you have more questions, click here or feel free to give us a call.

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Bill Proposes Copyrights in Small Claims Court

A new Bill has been introduced in Congress to set up a small claims system for processing copyright claims. This small claims alternative would be a substitute to Federal Court litigation for copyright claims which at the moment, aside from sending cease and desist letters and DMCA takedown demands, is the only remedy for copyright violations. A Federal Court remedy is obviously a costly one and not available to many copyright holders given the time and expense in processing copyright violations in Federal Court. Under the Bill, there would be limited discovery available in small claims and the copyright small claims cases would be decided by experienced copyright lawyers appointed by the Copyright Office. Potentially, many of the smaller claims including those for copyright infringement for online photographs, as well as DMCA abuses, are being discussed as primary disputes that would be designed to be processed in the copyright small claims court. Essentially, there would be no remedy for a willful infringement and you would forego the statutory maximums for a willful infringement claims, however, the process would be less costly and streamlined for the processing of copyright violation claims.

There is a commentary that exists indicating that the U.K. has adopted a small claims copyright violation system which is evidently thriving and has had good reviews from many commentators.

There are those who are opposed to this Bill and have indicated that it is likely a small claims copyright infringement court in the United States would be abused by what those who are known as copyright trolls. These are individuals or companies who are infamous for mass filings for copyright violations regarding the download of copyrighted content, particularly pornographic videos.

There is little detail available at this time concerning the small claim process itself based upon the Bill that was introduced but there will be significant discussions concerning the pros and cons of copyright small claims in the near term, which is bound to be beneficial for copyright holders in the end.

For more information about your copyrights and copyright protection, contact one of our copyright attorneys.

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