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FREQUENTLY ASKED QUESTIONS

Question 1: Can I win a domain name dispute without a registered trademark?

YES.  Most domain name disputes, including UDRP disputes and ACPA disputes, are won when the party filing the dispute does not have a registered trademark.  Usually, we can establish common law trademark rights in a brand name, domain name, or business name which you have been using.

Question 2: Can I win a domain name dispute when the domain name was registered before I had a trademark?

YES.  If the domain name was registered before you started using a brand name that is similar to the domai name, we may still be able to take the domain name from its registrant if we can establish the legally-effective registration date is more recent than the creation date.  We can often establish this is the legally-effective registration date is the date the domain last changed hands (either changed registrants and/or registrars) or even the last date the domain was renewed (especially is we filed the UDRP case before the Czech Arbitration Court CAC)).

Question 3: Can I go after a domain name when I don't know who registered it?

YES.  We can remove privacy guards on domain name registrations and go after the party that registered the domain name, even if they are in another country.

Question 4: Can I go after a domain that has been registered by someone in another county?

YES.  We can file an Anticybersquatting Consumer Protection Act (ACPA) case in federal court to take a domain name from someone in another country.  This type of filing must be done in the Eastern District of Virginia where VeriSign, which controls all gTLDs (generic top-level domains) is located.

Question 5: How long do ACPA and UDRP cases take?

UDRP cases usually take 34 to 44 days and ACPA cases in federal court take a few months or less.