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Has your Domain been the Victim of Pagewaxing?

Pagewaxing is a form of censorship that entities use to shut down a website and/or domain name.  You may be the victim of pagewaxing if you have received what appears to be a meritless cybersquatting cease and desist, trademark infringement threat letter, or copyright takedown notice.  One step further, pagewaxing can occur if you have been subjected to the Uniform Dispute Resolution Process (UDRP) or even litigation.  These efforts can be taken by trademark owners, competitors, or those simply opposed to your product, service, or message.  Remember, however, that there is a huge difference between pagewaxing, or the censoring of speech in violation of the First Amendment, and enforcement of United States laws regarding commercial activity.  That said, if your registration and use of a domain name or use of a trademark, for example, equate to non-commercial or fair use, then you likely have been the victim of pagewaxing.  So what can you do? There are options available, including lawsuits.  For example, California has enacted legislation against Strategic Lawsuits Against Public Participation (SLAPPs).  The options differ depending on where you are located, where your domain is located, etc.  Regardless, these actions come with risks of their own, however.  Ultimately, as always, you need to know what rights you have.  A domain name and the website associated therewith can have tremendous value.  You wouldn't want to cease your current use of either without proper justification. Source: Brian Hall writing for DomainNews.com - February 11th, 2008
 
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