Legal Advice for UDRP Needed

[C_Reed]

I hate that my first post here is to request the help of the members here, but I find myself in a situation and could use some legal advice. I was referred here from another forum and it was suggested that I could probably get a good referral from you guys.

I need a consultation regarding a mirror of one of our sites that was recently put up on a TLD that I did not register - okay, call it ignorance or stupidity - I guess I never expected this would happen.

The site is an exact mirror and uses our logo. The name has been in use since the domain name was regged in Dec. 05. It was acquired in Jan. 06, and promotion began around Feb. 06.

There was just a discussion regarding filing a trademark and registering the remaining TLDs earlier this week.

I now find that all of them were regged on the same day early this month and a clone was put up recently. The registrant used private registration, but I'm confident it's the same person by the registration date.

I'd like to know if I can get the domains transferred (UDRP) and was interested in the fees.

If someone who has been in a similar situtation could recommend an attorney they have used it would be appreciated.

Thanks

 

[AdoptableDomains]

If your content is original and yours, you already have a copyright just by publishing it. You can enforce it by contacting the domain registrant, hosting company, or anyone else involved and demand that the illegal use of your content be shut down. Beyond that you would have to sue in court.

Without a TM on the name of the domains, you probably don't have a chance at getting them in a UDRP. If you putthe "TM" mark on your logo, and not a registered TM, you still can make a claim, but it's becomes more difficult to win.

It costs over $1000 to file a UDRP, plus any attorney fees.

 

[labrocca]

JBerryhill

He is a member here, a lawyer, and very well versed in internet domain law.

 

[C_Reed]

Thanks labrocca - unfortunately, I received no response from his office to the inquiry I left.