In November 2004, I published an article with Eric Moran in Snippets, our firm newsletter that we send out to clients and potential clients. The short article discusses legal strategies for protecting your domain name rights once you have discovered an adverse domain name. In the article, Eric & I compare four methods of resolving domain name disputes: the Lanham Act, the Federal Trademark Dilution Act, the Anticybersquatting Consumer Protection Act, and ICANN anticybersquatting proceedings. Each of these avenues have pros and cons. Deciding whether to invoke one of the above methods of resolving domain name disputes depends on the facts related to each particular adverse domain name or domain name registrant.
We do recommend proactively identifying potentially adverse domain names. Frequently, we are able to successfully resolve domain name disputes with a carefully worded letter to a registrant, instead of resorting to the courts or to ICANN proceedings.
If you would like to receive a copy of the article (free), contact Eric Moran, who is also editor of Snippets.