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Discussing the Uniform Dispute Resolution Policy

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

Domain names are basically street addresses for the web. They are critical pieces of information that hold a ton of value, not just as a part of a company's intellectual property portfolio, but also from the more practical perspective of branding your company and your website.

Unfortunately, this can lead to a lot of "trolls" that register domain names for no purpose other than to force legitimate companies that want to use the domain name to pay up. And in this ever-present internet world, legal disputes over domain names is a integral part of intellectual property law.

Sometimes this can lead to two parties going to court to resolve the matter. But there are alternatives to litigation that can help parties in a domain trademark dispute. The Uniform Dispute Resolution Policy (UDRP) governs any party that officially registers a domain name (".com", ".org", ".net"), and a trademark holder can through the UDRP force arbitration over the issue of whether the domain name was registered or used in bad faith such that it must be transferred to the trademark holder. This limits costs, make the process more efficient, and can generally be beneficial for all parties involved in the dispute.

You will have to prove such "bad faith" if you are a trademark holder filing the claim. When these issues arise for individuals or companies in San Francisco, a trademark attorney experienced with domain name can help.

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