Domain Name Litigation and Transactions

Rome & Associates attorneys have extensive experience handling domain name matters, representing both clients in the domain space—including registrars, registries and resellers—and international companies seeking to protect their brands online. We guide you through domain name acquisition, protection and recovery, ensuring that your unique domain issues are resolved.

It’s common for domain name disputes to cross international borders. If you are seeking to recover domain names or defend claims in other countries, our attorneys can determine case strategies, select appropriate local counsel and tailor your claim to correspond with international considerations.

We routinely prosecute and defend actions concerning competing domain names, trademark infringement and cybersquatting. With broad expertise in adversarial matters such as seizures and disputes, our attorneys have the knowledge and skill needed to protect and reclaim domain names that are rightfully yours.

Some strategies that we are particularly experienced in include:

  • Prosecuting and defending actions under the federal Anticybersquatting Consumer Protection Act (ACPA)
  • Recapturing infringing domain name “typos” through strategic in rem actions
  • Representing clients in domain name arbitrations, seizures and disputes before the World Intellectual Property Organization (WIPO) and the National Arbitration Forum
  • Representing clients in accreditation issues before the Internet Corporation for Assigned Names and Numbers (ICANN)

Our Results:

  • In a precedent-setting matter, our attorneys secured a favorable outcome for a domain registrar. Our attorneys persuaded the court to limit the direct liability of an anonymous registration service provider for violations of the ACPA and to restrict third party beneficiary claims brought under the provisions of the ICANN Registrar Accreditation Agreement.
  • We obtained a $1,300,000 judgment on behalf of domain registrar Namecheap in a trademark infringement matter. We initiated an action against 46 domain names that were infringing on Namecheap’s trademarks as well as the registrants of the domain names. In addition to damages, our attorneys obtained an injunction prohibiting further infringement and transferring the domains to Namecheap.