Disputes between trademark owners and domain registrants often turn on ownership of a distinctive trademark. A recent U.S. Court of Appeals for the Eleventh Circuit decision demonstrates how important federal trademark registrations are in establishing rights in these contests.
Conflicts between trademark and domain name holders date back to the establishment of the commercial Internet. Since that time, trademark owners have struggled to prevent the registration of domains that feature terms that are identical or similar to their established trademarks. Most disputes are handled as arbitrations under the Uniform Dispute Resolution Policy (UDRP), which applies to most accredited domain registrars, or as federal lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In either case, the plaintiff bears the burden of proving that it owns a valid and protectable trademark, and that its rights to the mark predate registration of the disputed domain. Ownership of a federally registered trademark greatly simplifies the proof required, by establishing presumptions of ownership and validity as of the filing date of the application.
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