Why You Need a Good Domain Name Lawyer

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Most people who invest in domain names probably hope that they never need to use the services of a good domain name lawyer. I think the perception may be that if you have to hire a lawyer for something, it probably means you did something bad or someone is threatening you. That’s not the case, and I think it’s important for everyone to know how to get in touch with a good lawyer who knows domain names and intellectual property (IP) law.

There are many instances when it would be beneficial for a domain name investor to use an attorney or law firm well-versed in domain name and Internet law. Here are several of these instances:

  • Drawing up a purchase or sale contract
  • Drawing up a lease agreement
  • Responding to a UDRP
  • Filing a UDRP
  • Responding to a cease and desist letter or threat
  • Negotiating an agreement
  • Negotiating a settlement
  • Advising about a trademark (either yours or another company’s)
  • Copyright infringement protection
  • Escrow

I think it can be very easy for people to think they are able to do most of these things on their own without a lawyer. Perhaps using a domain name contract template or responding to a UDRP by taking tidbits from UDRP decisions sound like more economical ways to go about things. Sure, it might save some money, but if you want something done correctly, I strongly recommend hiring an attorney.

Domain name lawyers should be well versed in intellectual property law. They have experience responding to threats and mitigating legal problems. A person who ignores threats hoping they go away may find themselves facing a lawsuit or put themselves in a more difficult situation. Working with an attorney or law firm that has experience dealing with domain names (as opposed to a local firm that deals with physical real estate or personal injury) will likely help you immensely.

If you are facing financial difficulties and hiring a domain attorney isn’t accounted for in your budget, perhaps a lawyer would be willing to offer some sort of payment plan or possibly have a paralegal handle the bulk of your case at a discount. Most of the domain lawyers I’ve worked with have been more than reasonable when it comes to billing.

From my perspective, we shouldn’t look at hiring an attorney as a cost. We should look at it as a way to save us money and to reduce stress.

As I’ve done in the past, here is a list of attorneys with significant domain name experience. I’ve bolded the attorneys I’ve personally used and can recommend based on my own experiences:

If you can recommend a good domain name attorney or law firm that you have used, please do so in the comment section.

13 COMMENTS

  1. David Weslow at Wiley Rein is who I use for IP matters, including buy/sell agreements and trademark infringements. I have worked with a lot of attorneys over the years, and have no hesitations to recommend him.

  2. Hello Elliot,

    Just the fact that you or I need professional council for Online Addresses, attests to their Strategic Market Value.

    John Berryhill is the creme de la Creme, and has proven it experientially for us all to experience.

    Gratefully , Jeff Schneioder (Contact Group) (Metal Tiger)

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