As more businesses have entered into the e-marketplace and the Internet has become a primary medium for marketing, communications and sales, clashes over Internet domain names have become more common. Without relevant domain names, your company and its products cannot be appropriately marketed, searched and retrieved on the Internet. Assuring visibility, protection and enforceability of your business’s online presence are crucial. Domain name asset management needs to be part of your strategic and coordinated intellectual property program.

At Arochi & Lindner, we can advise you with respect to your domain name portfolio management and assist with all related domain name and related issues involving generic or country specific top-level domain names, including domain name registrations, domain name renewals, negotiation and purchase of domain names and domain name agreements. In the event of domain name disputes, we can provide counsel and representation in matters subject to the ICANN Uniform Domain Name Dispute Resolution Policy – UDRP and adjudicated by an approved dispute resolution service provider such as WIPO, as well as in the ordinary courts and arbitration courts.

In Mexico, anyone can apply to register a domain name in the country-code top-level domain (ccTLD) ‘.mx’, and depending of the type of organization, in a second-level domain (2LDs) like ‘.com.mx’, ‘.org.mx’, ‘.edu.mx’, ‘.gob.mx’, or ‘.net.mx’. Network Information Centre Mexico (NIC MEXICO) is in charge of managing and developing the ‘.mx’ ccTLD, along with other important tasks such as providing information and registry services for ‘.mx’ domain names, assigning IP addresses and maintaining all databases concerning domain names (WHOIS).

If a third party has already registered the desired domain name, the potential applicant can take legal action if it considers that the

domain name registration involves an IP rights violation. In Mexico, we have seen several cases in which third parties seized the opportunity to register domain names, forcing the brand owners to spend a considerable amount of time and money trying to negotiate an assignment or even entering into dispute resolution proceedings.

Our Mexico office has a broad experience assisting rights holders in disputes involving domain names that are subject to proceedings before an independent and impartial group of experts (mediators) at the World Intellectual Property Organization (WIPO) Arbitration and Mediation Centre, or directly by the local domain name administrator (depending on whether the violation involves IP rights).