Advice You - Internet and Businesses Online

Learning that a competitor is using a domain name that is identical or “confusingly similar” to yours is a problem frequently encountered in the internet

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

-driven business world of the 21st century.

Cybersquatting is the purchase of a domain name in “bad faith.”

Usually, “bad faith” is the intention of se

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

Examples of combination products may in

ling the domain name back to the legal owner. A number of large companies (including Panasonic, Hertz and Avon) have paid large sums to buy their domain

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

names from parties that had no legitimate right to the domain name.

What if your family name sounds like a famous name?

If your family name sounds lik

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

a trademarked name, such as McDonald’s Plumbing, your use is legitimate because it is not confusingly similar to McDonalds. In some situations, the use

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

Combination pro

of a family name can still be disputed by the trademark owner. For example, see the discussion about Microsoft’s dispute with teenager Mike Rowe about

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

is website mikerowesoft.com (Click here: CNN.com - Teen fights to keep MikeRoweSoft.com - Jan. 20, 2004).

What should you do if someone is using a name

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

“confusingly similar” to yours?

The first step is to write a letter. Before firing off a nasty “cease and desist” letter, read http://www.webtechniques

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

com/archives/2001/05/legal/ to understand how it can backfire. I recommend that you think carefully about the outcome that you want. Then, write a fact

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

-based letter, summarizing the situation and making it clear what you want them to do (e.g., transfer or cancel the domain name by a specified date). Co

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

clude with a statement that you hope the situation can be resolved without escalation and you need to hear from them by a specified date.

The next step

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

Following aspects would a

- if the letter does not produce a satisfactory response - is to file a complaint with Internet Corporation for Assigned Names and Numbers (ICANN) under

dd to the challenges in developing combination products:

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

he Uniform Domain Name Dispute Resolution Policy (UDRP). Everyone registering a domain name automatically agrees to be bound by this policy. This is a

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

paper-based arbitration process that is relatively quick and inexpensive compared with a court proceeding and can result in getting the domain name trans

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

erred to you. For more information see: http://www.icann.org/udrp/udrp-policy-24oct99.htm

If you want monetary damages, you have to file under the feder

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

al Anticybersquatting Consumer Protection Act (ACPA). In addition to authorizing the transfer of the domain name, the Act gives the court discretion to

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

Professional from academic institutions, pharmaceutical industries, health care indust

ward statutory damages of not less than $1,000 and not more than $100,000 per domain name. For more information, see: http://www.patents.com/acpa.htm

I

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

n conclusion, there are ways to resolve domain name disputes. As always, an ounce of prevention is still better than the “cure.” Taking steps to regist

.

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

r your domain name and trade/service marks are good business practices. If you’ve taken steps to protect your name by reserving the domain name and reg

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

Companies that provide selfless information through particip

istering a trade/service mark, you are in a strong position to defend your rights. If you haven’t registered your name, there's no time like the present

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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