Can You Sue to Get Your Domain Name Back?

It can be frustrating and confusing when you establish your business’s online presence and realize that someone owns your domain name. You may have difficulty understanding why someone would already own your domain, especially when your business name is highly unique or personal to you. In such cases, contacting a Denver domain name dispute attorney is wise. Seek advice or counsel on your situation before the situation becomes too complex.

Why Does Someone Own My Domain Name?

Someone likely owns your domain name through a process called cybersquatting. While it can be challenging to understand, cybersquatting is a widespread occurrence. It has been a practice since the Internet first became popular.

Cybersquatting usually involves someone buying domain names of many popular businesses or trademarked products with hopes of selling the domain name back to the corresponding trademark owner. Some cybersquatters have spent years tracking reputable organizations and products to gauge what they can profit from later.

Although the Internet is a popular place now, many of these cybersquatters purchased these domains long before it was commonplace for a business to have an online presence. Despite being caught in a difficult situation, there are ways to obtain your domain name from a cybersquatter.

How Do I Get My Domain Name Back?

Getting ownership of your domain name is more challenging than pushing a button and confirming that you should be the rightful owner. Although a process like that would benefit many businesses and trademark owners, it does not exist. The domain retrieval process involves either:

• Negotiation with the cybersquatter,
• Filing a lawsuit, or
• Using an international arbitration system.

While some may feel uneasy negotiating with a cybersquatter, there are online platforms that may make it easier, or you can seek legal representation. In many cases, negotiating with and paying a cybersquatter can be cheaper and quicker than other options.

Can I Sue for My Domain?

You can sue for domain ownership through the Anticybersquatting Consumer Protection Act (ACPA). This act authorizes a trademark owner to sue a cybersquatter in court and obtain the necessary court order to transfer the domain name to them. In some cases, the cybersquatter may also need to pay money for damages.

To successfully sue, the trademark owner must prove that:

• They legally own the trademark
• The trademark was unique and distinctive when the domain owner purchased it
• The domain owner has no right to, ownership of, or tie with the trademark
• The domain owner acted in bad faith and sought to profit from the trademark

Suppose the cybersquatter can prove they had reason to register the domain besides selling it or making a bad faith profit. The court may allow them to keep the domain name in that case. Afterward, your only option may be to purchase the domain from the alleged cybersquatter if you still want the domain name.

Using Internet Corporation for Assigned Names and Numbers to Recover a Domain Name

The Internet Corporation for Assigned Names and Numbers (ICANN) established the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to assist in resolving domain name disputes. The process involves arbitration, not litigation. The requirements, similar to the ACPA requirements, are that:

• The domain name in question is identical to or confusingly similar to a trademark you own,
• The domain name owner has no legal rights or legal connection to the domain name or trademark, and
• The domain name owner registered and used the domain name in bad faith.

FAQs

Q: Can You Sue to Get a Domain Name?

A: Yes, you can sue to get a domain name. As long as you can prove that you own the trademark, the domain owner does not own or have ties to the trademark, and the domain owner has acted in bad faith. Even though this may seem simple, it may be time-consuming and costly due to the justice system’s involvement. Domain registrars cannot transfer a domain someone else owns to you without a legal order.

Q: Is a Domain Name Intellectual Property?

A: Domain names are not inherently intellectual property. Cases where domain names become intellectual property are when they are not just the location of a webpage but also function as a trademark. When you own a trademark, and someone uses it as a domain name to profit, you are dealing with intellectual property infringement.

Like other intellectual property marks, a domain name has to follow the same guidelines to be trademarked or intellectual property: it has to be a unique identifier of your goods/services. The domain has to be something recognizable as part of your brand.

Q: What Is the Reason for Domain Name Dispute?

A: While there are many reasons for domain name disputes, the most common is cybersquatting. Cybersquatting is when someone owns a domain name with your trademark to profit from selling identical products/services or your domain.

Cybersquatting is a common occurrence and affects businesses of all sizes.

Q: How Long Does It Take for a Domain Name Dispute to Resolve?

A: The time it takes for a domain name dispute to resolve depends on the factors of the situation. Although some domain issues are unique, many cases arise from cybersquatting or the process of someone owning your domain to profit from your trademark.

Occasionally, resolving the dispute is just a matter of you paying a reasonable price to the cybersquatter to have them transfer your domain to you. In this case, the process is as quick as carefully paying the cybersquatter and receiving the domain.

Resolving the dispute can take months to years if you use the legal system. In most situations, it is wise to have legal representation assisting you.

Denver Domain Name Dispute Attorney

If you believe you can resolve your domain name alone, there are multiple organizations online that can assist you. If you have tried handling the issue yourself or feel that the situation is too complex to handle alone, you should seek the help of a domain name dispute attorney.

For most, the process is too complicated to attempt alone. When you know that any mistakes may lead to losing more money and time than it may be worth, you may want to seek the help of an attorney. We are skilled in domain name disputes and other forms of intellectual property infringement. To learn more about the process and get help navigating your domain name dispute, contact Four Reasons Legal today for a consultation.