In a world of increasing interconnectivity and rapid changes in technology, effective trademark counsel needs to understand the ways that trademarks can be effectively used—and misused—online. At Pierce Atwood, we are experienced with trademark matters that arise in connection with social media and technology, and regularly advise our clients on the prevailing use and enforcement strategies in these spaces.
When our clients’ trademarks are incorporated into domain names by third parties, we advise them on the use of domain name cybersquatting proceedings under the UDRP, the Anti-Cybersquatting Consumer Protection Act, and parallel mechanisms offered under foreign law. Our attorneys have handled dozens of such proceedings for leading brand owners. Because that is not the only leverage point, we also explore other avenues for enforcement, including informal dispute resolution mechanisms offered by hosting services companies and other third parties.
Other examples of technology-related work include:
- Advising clients on generic top-level domain name (gTLD) issues, including use of ICANN rights-protection mechanisms to make use of sunrise periods or to dispute improper gTLD registrations
- Advising clients on the use of trademarks in keyword advertising, such as through Google’s AdWords platform, and helping clients develop online marketing policies that may include use of negative matching and strategies for enforcing their rights against competitors
- Helping clients navigate social media issues, including use of trademarks in social media handles and hashtags, and handling users that impersonate brand owners.