(I-Newswire) March 19, 2010 - Brentwood, Tennessee – When it comes to Internet law there are a few law professionals that really enjoy it. Sitting in total silence, behind his twenty-four inch monitor, you could underestimate Waterford Law Group’s Brent C. Gray; that would be a mistake.
Waterford Law Group finds itself in an interesting position. Sitting in the middle of banking, music, health care and publishing can spice up the practice of law. When you throw in a rapidly emerging specialty on Internet law the synergism is kicked up a notch. While Brent Gray has practiced law for Waterford Law Group clients in multiple areas, everyone has something that tweaks their interest and Brent likes the net.
He recently published an overview of Uniform Domain Name Dispute Resolution Policy for several of Waterford Law Groups clients:
I still remember the first time I logged onto the Internet. Several of us were at the apartment of a friend who had just brought home a brand new Power Macintosh 8500. After getting all the specifications and protocols set, my buddy clicked on the Netscape Navigator icon and off we went. He entered his username and password, hit “return,” and out from the back of the computer came the glorious sound of a telephone dialing followed by a loud noise resembling a fax transmission. We were on.
We typed one of the few web addresses that we were aware of at the time and waited in eager anticipation for the magic to happen.
And we waited.
And waited.
*crickets chirping*
And waited.
After a minute or so, some text had appeared and a picture was obviously attempting to load, one line at a time, each new line appearing about every 5 or 10 seconds. After a couple minutes we could just make out what the picture was. Little did we know that the world was changing right before our eyes.
The early days of the Internet were like a digital Wild West. A free-for-all hodge-podge of random information. There was no eBay. No Amazon. And Yahoo! was still a southern expression of excitement.
It was also a time when a few savvy opportunists realized that these new so-called domain names were not unlike real property in the sense that each was one-of-a-kind and might have real value to the right buyer. These domain name speculators came to be known as cyber squatters, and some were extremely successful. For example, wallstreet.com sold for $1 million, altavista.com sold for $3.3 million and business.com sold for $7.5 million. Internet statistic site dotcom.com reported that at one point 41% of domain names registered were still “parked” a year later.
An even greater problem Waterford Law Group has experienced is when cyber squatters purchased domains in the name of popular trademarks for the purpose of holding the domain hostage or piggybacking on the popularity of the trademark. For example, the domains whitehouse.com, madonna.com and numerous other domains based on popular terms were once pornographic websites. This has prompted many companies to purchase literally thousands of domains to head the cyber squatters off at the pass. Verizon is reported to own more than 10,000 domains and Microsoft more than 24,000.
In 1998, the Internet Corporation for Assigned Names and Numbers (ICANN) was created to perform various tasks related to improving and preserving operational stability on the Internet, namely managing the assignment of domain names and internet protocol addresses. In 1991, ICANN adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) which provides a relatively basic process for challenging a domain owner’s rights to a given domain. When a person registers a domain name, he or she must consent to be subject to the UDRP.
For all practical purposes Waterford Law Group believes that the UDRP is designed to protect persons who own a trademark. A complainant in a UDRP proceeding must establish three things in order to invalidate a previously registered domain name:
1. That the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
2. That the registrant does not have any rights or legitimate interests in the domain name;
3. That the registrant registered the domain name and is using it in "bad faith."
“Bad faith” can be demonstrated by a showing that:
4. The registrant registered the domain name primarily for the purpose of selling it to the owner of the mark (i.e., the complainant),
5. The registrant has a history of registering domain names containing marks for the purpose of preventing the owners of the marks from registering the corresponding domain names,
6. The registrant registered the domain name primarily for the purpose of disrupting the business of a competitor, or
7. The registrant has intentionally attempted to attract traffic to the registrant's website by creating a likelihood of confusion with the complainant's mark.
What this ultimately means, according to Waterford Law Group, is that if a person registers a domain that is confusingly similar to a trademark, and the person has no legitimate interest to a domain by that name, then that person’s registration can be canceled.
Has this happened to you? Do you have a brand, slogan or mark that someone has registered and is now holding hostage? Is someone holding a domain name of your trademark hostage? Is someone using a domain name to divert customers away from you? If so, Waterford Law Group can assist. Solving the problem could be as easy as a forceful demand letter. If not, a UDRP action described above may be necessary. Either way, Waterford Law Group is available to discuss your options and to aid in protecting your increasingly important web presence, web reputation and intellectual property.
So there you have it. Brent C Gray, Waterford Law Group and a concentration on the fastest growing area of law in the U.S. There are many benefits to retaining a small firm that has multiple disciplines and is pro-active in the pursuit of emerging intellectual online copyright law. Every company needs a secret weapon and Waterford Law Group has found theirs; just don’t disturb him, he is focused on his game and he needs to concentrate.
For further information on Waterford Law Group you may reach them at 011+ 615-373-2500 or visit them on the web at www.waterfordlawgroup.com.
About Waterford Law Group:
Kurt V Beasley is the Founding Partner of Waterford Law Group, PLLC and has been practicing business law and providing management consulting for over 20 years. Kurt Beasley’s unique approach to the art of law is based deeply in his relationships and commitment to his clients. Kurt V Beasley brings many years of banking and private accounting experience into his caring approach to law, matched by a commitment to excellence in research, preparation, and issue resolution.
Kurt Beasley has enjoyed a challenging and diverse business history that has enabled him to obtain deep industry knowledge in the areas of corporate structure, merger & acquisition counsel, corporate and individual litigation, and capital planning. “I feel very fortunate to have started my career as a practicing CPA and banker, because from that early experience I learned the reality of just what it takes to run a business…and an understanding of the challenges that business owners face in their everyday efforts.”
Company Contact Information
Waterford Law Group
Kurt Beasley
112 Westwood Place
37027
Phone : 615-373-2500
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