A domain name will be the first look most customers will have of your business or organization. If you have spent years building your brand, amassing a loyal clientele, and making a name for yourself, it is a heavy burden to end up in a domain name dispute. While some domain name issues are simple misunderstandings, others can end in complex battles with “cybersquatters.” If you find yourself in a dispute, contact a Denver domain name dispute attorney as soon as possible.
What Is a Domain Name Dispute?
A domain name dispute is when someone uses your trademark or legal representation of your business as a domain name to benefit from your brand by selling similar or identical products or performing other actions in bad faith. It is difficult for an average internet user to distinguish whether a website is associated with you or your business. While this can seem unimportant to some, someone masquerading as your business online can cause irreparable harm to your business.
Cybersquatting
Cybersquatting occurs when someone seeks to profit from someone else’s trademark by registering, selling, or using their trademark as a domain name. This process mainly refers to someone buying domain names associated with existing businesses to sell those names to the corresponding business for profit.
This practice arose when businesses were less prone to have an Internet presence than they are now. While it can be aggravating to realize that your trademark has been a victim of cybersquatting, know that this has happened to businesses big and small.
Following the domain name, you can decipher whether you are dealing with cybersquatting or something else. If the URL takes you to a page that says “this domain is for sale” or “under construction,” it is most likely a case of cybersquatting. Additionally, suppose the URL takes you to a website you did not create, and that website sells your products or services. In that case, you are most likely a victim of cybersquatting.
How Do I Deal with a Cybersquatter?
The first step in dealing with a cybersquatter is to contact the domain’s owner. To find their contact information, you can use online domain lookup tools. When you find the contact information, you can find a reasonable explanation for why they own the domain, see if they are willing to sell it to you for a price you deem acceptable or alert them that you will be issuing a domain name dispute.
While you may find it off-putting to pay a cybersquatter, it is sometimes cheaper and more manageable if the price is low enough. If you are unwilling to do so, it is wise to seek legal representation to determine your next path forward.
Using the Internet Corporation for Assigned Names and Numbers Procedure
If you are against a personal negotiation with a cybersquatter, know that an entity exists to assist you. The Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve domain name disputes. To initiate a complaint with the UDRP, you have to prove:
- You own the trademark that resembles or is exactly the same as the domain name,
- The domain name owner has no rights to the trademark, and
- The domain name owner is using the domain name in bad faith.
Using the Anticybersquatting Consumer Protection Act to Sue
The Anticybersquatting Consumer Protection Act (ACPA) authorizes trademark owners to sue cybersquatters in federal court. A successful case will give the domain registrar a court order to transfer the applicable domain name. The requirements of a successful ACPA case involve establishing that:
- You own the trademark in question,
- The trademark was distinctive at the time the cybersquatter purchased it,
- The domain name is exactly the same as or oddly similar to your trademark, and
- The domain owner bought or used the domain in bad faith.
In either the ICANN procedure or an ACPA case, if the domain’s owner can show that they purchased the domain in good faith or for any reason other than making a profit, the corresponding entity will likely let them keep the domain name. In this case, the only way to receive the domain from the individual is to purchase it from them.
FAQs
Q: How Do I Resolve a Domain Name Dispute?
A: There are many ways to resolve a domain name dispute: negotiation, filing a complaint, or going to court. With every option, you must demonstrate that you own the trademark, that the trademark was unique when the defendant purchased it, and that they had no rights to it, and that they acted in bad faith.
Q: Who Settles Domain Name Disputes on the Internet?
A: WIPO, or the World Intellectual Property Organization, settles domain name disputes on the Internet. They resolve cybersquatting cases and use the UDRP, or Uniform Domain-Name Dispute-Resolution Policy, to reclaim domains on your behalf.
Q: How Much Does It Cost When You File a Complaint With UDRP?
A: It costs a starting fee of $1,500 to file a complaint with WIPO, the most common organization resolving domain name disputes. The cost of $1,500 includes a complaint that has up to five domain names and a single-member panel. If the complaint requires six to ten domains, the fee increases to $2,000. Any complaint higher than ten domain names would need an individual consultation.
Q: Can I Get a Refund on a Domain Name Dispute?
A: You can get a partial refund on a domain name dispute if you use WIPO when you file your dispute. A refund is possible if you withdraw or terminate your complaint before the WIPO appoints a panel to your case. You can withdraw or terminate your dispute if you resolve your situation independently. The typical refund is $1,000 out of the $1,500 filing fee.
If you are approaching a domain name dispute because someone is using your trademarked name to do business, it is wise to seek help. This complex process can be stressful and difficult to tackle on your own. You could focus on your business instead and seek help from an experienced domain name dispute attorney. If you are ready to start the fight for your domain name, contact Four Reasons Legal today to learn more about the dispute process and how we can help you.
