Domain Name and UDRP Disputes

What we can learn from Assurity Life Insurance Company v. Domain Admin

And more!

ICANN’s UDRP Disputes

Since the early days of the internet, 101domain has helped trademark owners achieve favorable results in domain name disputes brought under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

The domain dispute resolution process protects trademark holders and gives them the right to recover domain names infringing on their trademark. A domain name found to be abusive in a UDRP dispute will be canceled, suspended, or transferred to the brand owner.

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How We Help You Enforce Your Rights

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Savvy and experienced, our account executives provide individual research and investigation for every case.

Predictable & Reasonable Cost

Instead of hiring a full-time paralegal with attorney fees of $5,000 and more, our flat rate for UDRP is $1,500.

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We will advise you on how to proceed depending on your unique situation with the know-how to avoid common pitfalls.

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Our UDRP dispute services support the continued success of your business by saving you time and money invested in court action.

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Three Essential Elements to UDRP Disputes

1. Identical or Confusingly Similar

You must prove the infringing domain name is identical or confusingly similar to a trademark or service mark you have rights to.

2. Infringer Does Not Have Rights

You must prove that the domain name owner does not have rights or legitimate interest in respect of the domain name.

3. Registered & Used In Bad Faith

You must prove the domain name was registered AND is being used in bad faith.

Where did Assurity Life Insurance Company go wrong?

Click through to find out how this case turned out.

First let's see what they got right

Assurity Life Insurance Company successfully proved the first condition in a UDRP dispute. The domain name in question, assuritylife.com, is identical and confusingly similar.

Next...

Assurity Life Insurance Company provided proof of their trademark ASSURITY registered with the United States Patent and Trademark Office (USPTO). This satisfies the second condition.

Where they fell short

The third essential element in every UDRP dispute is proving that the domain name was registered AND used in bad faith. In the case of proving the domain name was registered in bad faith, Assurity Life Insurance Company fell short.

The findings

The disputed domain name was registered in May 2004. Assurity Life Insurance Company claimed registered trademark rights. Although Assurity does own several USPTO registrations, none were filed before assuritylife.com was registered.

The earliest registration Assurity provided was filed on September 8, 2004 and registered on March 21, 2006 and so even its filing date postdates the registration of the domain name.

The discussion

Assurity also claimed common law trademark rights of first use in commerce date of June 12, 1996 shown in the USPTO trademark registrations provided. However, there is no proof of a common law trademark by May 2004 when the domain name was registered.

The decision

Due to issues of timing that worked fatally against Assurity in this case, the UDRP Dispute Panel found insufficient evidence to show that the domain name was registered in bad faith.

Avoid costly UDRP dispute mistakes

When enforcing your rights, you must work with a partner you can trust. The 101domain team has decades of experience in the domain industry and a wealth of knowledge of intellectual property protection in the digital age.

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Trusted Leader in UDRP Disputes

A Trusted Leader in Domain Name Disputes

A full-service domain name registrar with experience in all areas of domain management, domain acquisition, and brand protection, 101domain offers solutions for businesses of all sizes.

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Domain Name and UDRP Disputes

101domain expert account executives will guide you through the process of recovering your digital assets, finding the right course of action for the least amount of disruption to your business.

UDRP Disputes and Managed Services Price Sheet

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