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Cybersquatting

Domain name litigation includes non-binding arbitration under the Uniform Dispute Resolution Procedure (UDRP) and federal court litigation under the Anticybersquatting Consumer Protection Act (ACPA).

Kain & Associates enforce I.P. rights in pre-litigation settings, with cease and desist letters, and if informal methods fail, enforce your rights to a domain in UDRP arbitration actions, by litigation in federal courts, and by mediation. Our litigation efforts are tailored to your business risk and goals. We balance the rights of I.P. owners with the rights of defendants to fairly use descriptive and generic terms in advertising and as Internet domains.

Declaratory judgment and ACPA actions limit overreaching efforts by I.P. owners. We respect competitive rights and our domain dispute practice is not limited to petitions to transfer domains but also to the defense of domains.

We litigate I.P. matters in U.S. District Courts across the United States because most courts recognize our special I.P. skills. We have also handled appeals in various Courts of Appeals in the U.S. including the Third, Fourth and Eleventh Circuit Courts of Appeals and the Court of Appeals for the Federal Circuit (the patent appeals court).

Many contracts include arbitration clauses. We have arbitrated matters before the American Arbitration Association (AAA), the National Arbitration Forum (NAF), JAMS and WIPO (World Intellectual Property Organization).

Mediation and settlement negotiations are integral parts of any litigation or dispute resolution. For more information about domain dispute and computer laws, click here.

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