Domain names form the foundation of a company’s online identity and represent an incredibly valuable form of intellectual property. But the acquisition, management, promotion, and protection of domain names also present significant challenges. Businesses must constantly adapt to changing technology, customer norms, and rules governing the registration and use of domain names. And they must be fully prepared to undertake litigation to protect their domain name rights from counterfeiting, misappropriation, and theft. Experienced domain name counsel can help companies successfully navigate this increasingly important and complicated area of trademark law.
Cozen O’Connor represents brand owners, Internet service providers, registrars, and investors with respect to domain name strategy and litigation. We have experience working with clients of widely varying size, from individuals to multinationals. And we provide intellectual property support to a wide range of industries, including pharmaceuticals, engineering, computer software, finance, education, manufacturing, telecommunications, managed services, retail, entertainment, and sports.
One of the features that sets our practice apart is the fact that Cozen O’Connor conducts both domain name business counseling and domain name litigation on a regular basis. On the counseling side, we help clients develop a strategy to guide development of an optimal domain name portfolio. We identify registration priorities, monitor registration activity by third parties, recover or acquire domain names, assist with monetization strategies and reputation management, and track developments in domain name policy. In transactions where it is beneficial for our clients to remain anonymous, we are experienced at operating through intermediaries to protect client identities.
Our proactive approach to portfolio design and management is hugely effective at limiting the number of domain name disputes our clients confront. But because the Internet tends to attract unscrupulous actors willing to infringe on privately held intellectual property rights, there are times when clients must assertively protect their brand and reputation.
Cozen O’Connor, as a premier intellectual property litigation firm, has a strong track record of success in the domain name arena. We routinely achieve quick resolutions through cease and desist letters or domain name assignment agreements; have a win rate of higher than 95 percent in Uniform Domain Name Dispute Resolution Policy proceedings; and frequently obtain injunctions on behalf of clients in federal court. Our litigation strategies are grounded on a sophisticated understanding of what is feasible under the current regulatory regime and what is essential to protect clients’ business interests.
SERVICE AREAS
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Recover domains already purchased and/or in use by third parties
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Analyze brand protection threats; determine appropriate strategies for Internet brand protection
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Represent clients in proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy and in federal court actions under the Anti-Cybersquatting Consumer Protection Act
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Acquire domain names
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Audit domain name portfolios
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Counsel clients on monetization, privacy issues, and brand management
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Research domain names that are available and recommended purchases
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Provide clearance letters and due diligence services