Can I Sue if My Brand is Used in a Domain Name?
How to resolve trademark disputes in Washington stateBy S.M. Oliva | Last updated on January 27, 2023
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- The domain name under dispute is “identical or confusingly similar” to your trademark;
- The registrant has “no rights or legitimate interests” in the domain name; and
- The registrant acted in “bad faith” in registering and/or using the domain name.
Protecting Your Rights Under Washington State LawBefore pursuing any kind of domain-related claim, it is important to make sure your own intellectual property rights have been properly established. You should always register your trademarks–or service marks, as the case may be–with the U.S. Patent and Trademark Office. And if you conduct business primarily or extensively in the State of Washington, it is also a good idea for trademark registration with the secretary of state’s office. Contact a law firm, and a qualified Washington state intellectual property attorney can assist you with this and offer legal advice on how to handle any potential disputes with a third party using your brand name, trademarked name, or similar domain name online without your permission. If you’d like more general information about this area of the law, see our trademark law overview.
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