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Intellectual Property Expert Witness Describes Domain Name Trademark Infringement

Infringement in intellectual property occurs with frequency depending on how interesting or attractive the domain name is and how well it may appeal to the online audience. Experts in this field may have the knowledge and experience to explain to the judge or jury panel how the infringement affects the owner and his or her ecommerce business.

A domain name is the name itself of a website. When someone searches for a site or uses the name with a .com, he or she is using a domain. These have a housing address where the host resides, and this contains the bulk of information that makes up the website. When someone steals the address or uses another domain, he or she could infringe upon the intellectual property rights the owner possesses. This depends on how great a misdirection to the website the other individual causes. If he or she purchases a domain with the same name at a .net or .org, he or she could redirect traffic away from the website. This could lead to infringement.

What the Expert Explains

When an expert’s hire for intellectual property infringement is necessary, he or she may need to explain what these matters mean and how they affect the owner. Many individuals purchase a domain
name to create a business online or an internet presence. This leads to possible revenue through ecommerce sales and services. Anyone that uses the likeness of online property could cause an IP violation. Because many of these issues are through an unknown source, a lawyer and expert witness may need to become part of the process to assist the owner with a remedy to the situation.

The Need for the Domain

The intellectual property rights a person owns when purchasing a domain transfer to the site content while still remaining in the name itself. Without the name, the hosting account has nothing to attach to, and the content is not visible online. The business person must have a domain for an online presence or for an ecommerce site to sell products or services. Without the domain, he or she is unable to proceed with business transactions. Even if the owner has a social media profile, there is an ending to the url address for a specific location. However, the domain provides a specific access and website for customers to view and purchase.

It is possible to purchase products, services and information online through a domain and hosting account content. The expert may explain how this affects and directly connects to licensing transactions, prices, support for litigation and joint ventures with other companies. Links in the page will transfer a guest or registered user to another website or account. If another person corrupts the site or steals the content, he or she may commit infringement of the website. Doing so while owning or using another domain with a similar or the same name may lead to litigation against the perpetrator.

An Intellectual Property Expert Witness

An expert in IP may have a consulting agency in management, valuation and compensation for infringement issues and violations of protections for intellectual property. He or she would have experience in these matters and the ability to explain how they cause harm. By testifying before a judge or jury, the professional may expand awareness of how important domain names are for ecommerce and an online presence. When someone has stolen or misappropriated the trademarked domain name, there are legal processes in place for a remedy. The usual first stop is a cease and desist. With the help of a lawyer, it is possible that the new owner will need to relinquish the offending domain name.

With the assistance of an expert witness, the case may progress to an understanding why compensation or a final remedy needs to occur or award the victim. The professional may need to calculate and assess how much in damages the infringement costs the owner of the trademarked domain name. This could lead to the other domain or content either taken down or appropriated, at cost, by the business owner. Through these actions, it is possible to resolve the matter.

Expert Testimony in Domain Name Trademark Infringement

An expert witness may provide admissible testimony to the courtroom. By describing the need for the domain, how it could lead to revenue and what infringement costs, a remedy may become available. With the expert’s assistance, chances of informing the judge or jury increase significantly.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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