Domain name indemnity broadly refers to protection provided via contract for one party by the other party in order to make the first party whole in the case that loss, breach of contract, or failure to perform occurs.

Domain Name Indemnity

Domain name indemnity refers to the use of indemnity provisions in a contractual agreement regarding domain name legal rights.  As agreements regarding domain names can cover a wide variety of issues (e.g., squatting, infringement, theft, etc.) indemnity provisions for domain names may vary from one-paragraph provisions to multi-page sections.

Domain Name Indemnity Coverage

To provide indemnity coverage for domain names, parties generally agree to either share risk between the two parties or to shift risk wholly from one party to the other.  In the case of domain names, attorneys should strive to insure one party in case domain name infringement, theft, or squatting occurs.  Similarly, counsel may also want to draft coverage regarding dispute resolution filings against the domain as well as insure the party against hacking or other malicious attacks against the domain.  Attorneys may also want to insure parties against claims against the domain filed under federal law such as the Children’s Online Privacy Protection Act or the Digital Millennium Copyright Act.

Sample Domain Name Indemnity Clauses

Two examples (one simple, the second more complex) of indemnity clauses follow below:

1. Indemnitor will hold harmless, defend, and indemnify Indemnitee against any and all third-party claims or liabilities addressed within the scope of this Agreement.

2. In any action, arbitration or proceeding for which indemnification is sought, the Indemnitor reserves the right to participate in the defense of Indemnitee and to retain its own counsel at its own expense. Indemnitor agrees to use reasonable efforts to keep Indemnitee reasonably apprised of the status of the defense. Both parties agree to cooperate in good faith with each other with respect to the defense of any such domain name legal action.

Interested in other forms of Intellectual Property Indemnity?

See our articles on Patent Indemnity, Software Indemnity, Trade Secret Indemnity, and Copyright Indemnity.

For more information on this topic, please visit our Domain Theft service page, which is part of our Internet & eCommerce Practice.

Klemchuk LLP is an Intellectual Property Law, Litigation, and Transactions law firm.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  

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