BrandShelter provides services to help protect brands from online abuse and infringement. The process begins with a standard analysis, where potential infringements are ranked by their threat level, highlighting the most critical issues. A quick response is provided, and our team of lawyers conducts an analysis to determine the risk of confusion between each potential infringement and the protected trademark.
In cases where a deeper understanding is needed, a detailed analysis is also offered. This includes everything from the standard analysis but adds a comprehensive legal investigation into each infringement. Lawyers examine the nature and origin of each infringement and make recommendations for appropriate actions. They also analyse the consequences of the breach and identify the individual or entity behind it. Following this, suitable actions to halt the infringement are recommended.
When domain disputes arise, several options are available. The Uniform Rapid Suspension (URS) allows brand owners to temporarily suspend a domain without transferring ownership, offering a swift response mechanism until the domain’s expiration. The Uniform Domain-Name Dispute-Resolution Policy (UDRP) serves as a mediation tool to resolve disputes over domain names, specifically focusing on issues like domain grabbing, cybersquatting, and trademark violations.
Other measures include issuing a takedown notice to the holder of the domain name. This informs the individual of the infringement and requests them to either delete the domain or transfer it to the trademark owner. Engaging the registrar is also an option; the registrar might suspend the domain name or the entire account associated with the infringement. For cases involving web hosting providers, a cease and desist notice or DMCA (Digital Millennium Copyright Act) notice can prompt them to suspend or close the hosting account, thereby making the infringing website inaccessible.
A DMCA notice is a specific type of cease and desist that can be used if the domain holder fails to comply, allowing the Internet Service Provider to remove the content forcibly. There’s also a “snap-back” mechanism, which ensures that a domain name is swiftly re-registered in the brand owner’s name once it expires, protecting the brand’s online presence effectively. Sometimes, taking no action is also a viable approach, as domains might expire before causing harm, thus saving costs and resources.
BrandShelter supports clients through the entire process. Actions such as cease and desist notices are managed both with domain holders and hosting providers. We handle takedown processes with registries and registrars, and we manage legal recovery (UDRP) and suspension (URS) actions as needed. Additionally, BrandShelter works closely with a client’s chosen intellectual property law firm to achieve favourable outcomes.
Team Internet plc (LON:TIG) – formerly CentralNic – is a global internet solutions group headquartered in London. Leveraging world-class technologies and industry leading teams, they have been transforming the way organisations, brands, publishers and consumers connect and thrive online.
