Main Subject - Internet and Businesses Online

Domain Dispute is no longer news unless a Madonna or Julia Roberts type of celebrity gets involved. However, greater now than ever is the risk for domain registrants to lose their domain names when they get involved in a domain dispute. The risk is originated from the Uniform Dispute Resolution Policy (the Policy) ap

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

proved by ICANN and the Anticybersquatting Consumer Protection Act (ACPA) passed by U.S. Congress. The direct risk comes from reverse domain hijackers, biased panelists, and the unprepared registrants themselves.

Innocent registrants are prone to ignoring measures to protect their domain names. They tend to think th

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

y are safe and would win even if some party would complain to WIPO-the worst arbitration organization for innocent registrants. Thus, they often do not take steps to protect their domain names. As a consequence, they are likely to lose their domain name(s) in a domain dispute. Preparation both BEFORE and AFTER you re

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

ceive a complaint is equally important. Generic domain names are no exception. Net-firms.com (usid.com received a complaint from netfirms.com) and here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

" target="_new">netlearning.com (the registrant received a complaint from NetLearning, Inc.) are just two examples proving how easy it is for a common word domain name to get hijacked.

The following suggestions may be useful when preparing yourself for a potential battle for your domain name(s).

1) Make sure yo

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

r domain record, including the ownership and administrative contact information, is complete, correct, and current. If it is incorrect, the panelists will take it as evidence against you. Therefore, check your domain record often to see if any change is made without your authorization.

2) Write down your idea or bus

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

iness plan about what you would use your domain for and get it notarized.

3) If possible, register your domain name, i.e., yourdomainname.com, as a trademark with the trademark authority in your country. If you registered your domain name as a trademark successfu

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

ly, it is to your advantage. Once you establish your rights to your domain name(s), your domain name is entitled to legal protection even if it is stolen.

4) If you start up a business, register and or use your domain name as your business name, if possible. Use your domain name with the TM sign on your letterhead,

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

nvelope, business card, or wherever possible. When you design your web site, make sure to put the TM sign with your domain name. Print a copy and have it notarized by a local Notary Public. If your site is designed by others, make sure to get a certificate that shows your domain name on it.

5) When you do advertisin

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

g, make sure your domain name shows up in the ad. If you do online advertising, even with goto.com, print a copy of your link ad that is properly dated. Keep a copy of that ad and all communications between you and your ad service provider as evidence.

6) If you are not pl

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

nning to use your domain name in the near future, register it as an intent-to-use trademark with your trademark authority. For coveted domain names, i.e., mostly single worded and popular, yet generic names, you may not be able to get them registered as a trademark. For those domain names, use them as soon as possibl

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

for any legitimate purpose, such as for business, non-profit, or even a personal or fun activity.

7) When using a domain name, try to use a fee-based web hosting service that would enhance the impression of seriousness of your business. Free web hosting is costly because it will harm your business in various ways.

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

8) Never merely put simple links on the pages and never link your domain to porn sites. By doing so, you will be doomed if you come across some self-authorized or puritan panelists.

9) If you consider selling your domain, do not sell it until you establish your rights to it. When you receive any offer to purchase y

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

ur domain name, do not answer unless you know who the person is. The inquirer may be a spy. Again, talk to a lawyer if possible before you do anything.

10) When challenged directly by a company or individual, you should never answer until you consult a legal professional. Any of your good-willed answers may be used

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

s evidence against you later or help your challenger to shape a plan against you. Do not put out a web site for your domain in a hurry as a response to the challenge you receive. Such an action may prompt some panelists to believe you have done some thing wrong.

11) When you receive a complaint from WIPO, you should

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

RESPOND if you want to defend your domain name(s). Many panelists would treat you lightly and rule in favor of the complainant if you fail to respond. If your domain name is critically important and you are well financed, hire a COMPETENT lawyer! The fee can be anywhere between $1500 and $5000 per response. Or, some

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

lawyers will charge on an hourly basis, usually between $200 and $500 per hour. Do some searching and ask for references when you choose a lawyer. Furthermore, you should consider paying $1500 to have a three-panelist panel. With WIPO, you are likely to lose if only one panelist is assigned to your case. When you req

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

est three panelists, you have the right to designate one panelist for the dispute panel. By carefully choosing a registrant-friendly panelist, you will increase your likelihood of winning.

12) If you lose at WIPO, you have 10 days to appeal to your local federal court or the court that has jurisdiction over the regi

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

strar. 13) If the challenger goes directly to court to sue you, you should file your response timely. Do not get scared because the plaintiff may do this simply as a tactic to scare you by the fact that a court action is more expensive than dispute arbitration. The most important thing is to establish your rights to

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

our domain name. Keep any and all evidence that is indicative of your using your domain name for a legitimate activity. And finally, be careful to avoid the traps that would endanger your rights to your domain names.

The tips in this article are intended for reference only and should not be construed as legal advice

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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