Protecting Your Trademarks From Cybersquatting
Properly protecting your intellectual property portfolio, and specifically your domain names, can save you from avoidable domain name disputes in the future. More importantly, it can put you in a position to assert your trademark rights against others who are misusing them - be it as part of a domain name, for the name of a competing business, or for the brand of a similar product or services. Here is a list of musts for any trademark owner:
- Choose a trademark wisely. Trademarks fit into various classifications, each of which offers varying levels of protection. Rule of thumb - the more the distinctive, the better.
- Register your trademarks with the USPTO. While having common law trademark rights afford you some rights and can be used to attack unfair competition, trademark infringement, and cybersquatting, being able to assert registered trademark rights provides numerous additional benefits, including statutory damages of $100,000.
- Register domain names incorporating your trademarks (including typos and other common cybersquatting tactics) - a practice known as defensive registrations. This help avoid having to police similar domains and lessen the risk of having to pursue a UDRP or ACPA action against an unauthorized domain name registrant.
- Use a trademark and domain name monitoring service to alert you of potential violations. Once you have trademark rights, you must protect them or face the chance of losing them. Knowing what else is being registered and used is a critical step.
- Have a protection and enforcement plan, which would include, at a minimum, cease and desist letters, domain name transfer agreements, the ability to file UDRP Complaints, and the proper retention of information that may be necessary in an ACPA federal lawsuit. Establishing yourself as an entity committed to its valuable trademarks and brands begins by enforcing your superior rights against unauthorized users who can damage your reputation and goodwill.
While this is a nonexhuastive list, it is a good start. Trademarks are valuable, and cybersquatters seek to hijack and capitalize off their value. However, you can choose the right trademark, register that trademark, continuously monitor, and ultimately protect your valuable trademarks in such a way that minimizes your risk of being the victim of cybersquatting.



