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Defending Your Client's Domain Name

By Alyson B. Danowski

A company's domain name is often the most fundamental basis for trademark and branding efforts. The time and money put into the creation and maintenance of a Web presence create a valuable business asset. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.

When such a conflict arises, a frequent response by the holder of trademark rights is to file an administrative procedure complaint. Today, there are three active ICANN-approved domain name dispute resolution panels: the World Intellectual Property Organization (“WIPO”), the National Arbitration Forum (“NAF”), and the Asian Domain Name Dispute Resolution Centre (“ADNDRC”). While WIPO's Arbitration and Mediation Center panelists decide the majority of domain name disputes, all three overwhelmingly decide domain name disputes in favor of the complainant. Statistics available for decisions made for complaints filed in 2007 show that only a very small percentage are decided in favor of the respondent:

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