Strategic Advocacy for Trademark, Branding and Counterfeit Disputes – Toronto Trademark Infringement Litigation Lawyers
Toronto Domain Name Dispute Lawyers
Cybersquatting | Domain Name Disputes | Trademark Infringement
Domain Name Copying Claims | Similar Domain Name Disputes
Counterfeit Online Retail Domain Name | Confusingly Similar Online Retail Domain Name
In today’s modern world, it is more important than ever to ensure that potential customers are properly connected with your domain name, and to use domain names that are well-branded and associated with your business.
When competitors, cybersquatters, or other persons control domain names that are confusingly similar to your trademarks or business names, there is a risk that users seeking your website are instead directed elsewhere by that confusing domain name. With a new set of top level domains being set to release in the near future, the risk of competitors and “cyber squatters” inappropriately obtaining similar domain names to yours is a growing concern.
Recovering a Domain Name
In order to recover a domain name from another person, a complainant must show (1) the complainant owns trademark rights which are confusingly similar to the domain name in dispute; (2) the owner of the disputed domain name registered it in bad faith, and (3) the owner has no legitimate interest in the use of the domain name. A complainant may also be able to succeed in recovering a domain name in the context of a trademark infringement or passing off action.
At Gilbertson Davis LLP, we have successfully represented individuals and businesses recover competing domain names, whether through the Ontario court system or by alternative dispute resolution proceedings such as Domain Name Dispute Resolution Policies through organizations such as the World Intellectual Property Office. We can also work with registrars, web site hosts, and privacy protection services to assist us in locating registrants and ceasing the infringing conduct.
Injunctions and Anonymous Registrants
We can advise and represent you or your business in connection with domain name disputes, whether the registrant of the infringing domain name is located in Canada or not, and even when the registrant’s identity is unknown. Gilbertson Davis LLP can serve your needs with lawyers who have experience in obtaining prompt injunctive relief in respect of domain name disputes where urgent action is required.
If you are involved in a domain name dispute, please contact us for an initial consultation.