Why You Need a Good Domain Name Lawyer

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:

• Karen Bernstein
• John Berryhill
• Bret  Fausett
• Ari Goldberger
• Aaron Hall
• Andrew Hazen
• Paul Keating
• Stevan Lieberman
• Brett Lewis
• Bret Moore
• Zak Muscovitch
• Howard Neu
• Marco Randazza
• Enrico Schaefer
• Steve Sturgeon

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