Domain Name Proceedings in Vietnam
Whether representing individual domain name owners or Fortune 500 companies, KENFOX lawyers are adept at implementing domain name strategies that complement the needs of the clients. We advise clients on an array of domain name matters, including portfolio management, monetization strategies, privacy issues, reputation management, hijacking and reverse hijacking, sale, transfer and licensing, terms of service, and even liquidation, when necessary.
Domain names are a frequent ground for disputes. Speculative and abusive registration and maintenance of <.vn> domain names (“cybersquatting”) continues to be a growing problem in Vietnam with Vietnamese and some foreign parties. This mainly takes the form of (i) Vietnamese or foreign individuals or organizations registering <.vn> domain names that contain or closely imitate the reputed trademarks of others, or (ii) a Vietnamese or foreign company continuing to maintain a <.vn> domain name after its license or business relationship with the trademark owner expires or is terminated, or (iii) the owner of a <.vn> registration may point (or threaten to point) the domain name to the domain name) to a competitor’s website or a derogatory website. In each case, the registrant often acts in “bad faith”, seeking to exploit the good will of the foreign party’s trademark and/or seeking to extort a payment from the trademark owner and/or trying to benefit the trademark owner’s competitor.
KENFOX understands that competing claims to a company’s trademarks by cybersquatters and more traditional infringers can bar a business’s attempt to exploit a trademark as a domain name and market itself through the internet. Having gained extensive experience in dealing with the cyberquatting, KENFOX attorneys have successfully assisted trademark holders and domain name registrars who are faced with such disputes.
Internet disputes extend well beyond domain names. As an example, creative trademark infringers use famous trademarks and service marks in meta tags and “ghost text,” a colored font on an identically colored background. Others creatively use the Internet as a way to pirate software or otherwise unlawfully trade on another’s property. KENFOX has commensurate expertise in the proactive Internet protection of intellectual property in Vietnam, the identification and location of infringement and infringers and the enforcement of our clients’ rights within this jurisdiction.
With over a decade of experience handling domain name issues, KENFOX Intellectual Property attorneys advise clients in all aspects of domain name acquisitions and disputes. Such services protect our clients from companies and individuals who register domain names in bad faith or create websites that are likely to cause consumer confusion. Our experience in this area includes handling pre-dispute investigations and negotiations, proceedings under administrative proceedings in Vietnam against “.vn” alleged infringing domain names or ICANN’s Uniform Dispute Resolution Policy (UDRP) concerning generic top-level domains such as .com, .net, and .org.