Domain Name Disputes

The question

Someone has registered a domain name that contains your trademark or a variation of it. They may offer to sell it to you at a high price, use it to send customers to a competitor, or run a copy of your website to collect payments or log-in details.

You need to know whether you can get the name back, how, and how fast. A complaint is not always the best route: sometimes a letter is enough, sometimes a takedown at the host solves the real harm, and sometimes the holder has a legitimate claim to the name and a complaint would be a mistake. The same question arises from the other side, when you hold a domain name and receive a complaint.

Clients come to us when a domain name is used for a phishing site, when an offer to sell a name arrives at a high price, when a former distributor or employee keeps a name containing your mark, or when they themselves receive a complaint and need a response within the short deadline the procedure allows.

Our approach

We begin with the facts that decide the case: your trademark rights and their dates, when the domain name was registered, how it is used, and what the holder did when contacted. The article on the UDRP and other domain name procedures explains the tests that apply. For most generic and many country-code domains, the complainant has to show three things: the name is identical or confusingly similar to a trademark, the holder has no rights or legitimate interests in it, and it was registered and is used in bad faith.

The evidence is gathered from the start. When our online brand monitoring detects a name, the record of how it was found, what it showed and how it changed is kept. Our enforcement workflow turns this into an evidence-mapped complaint packet for WIPO or the Forum, which the attorney reviews and files. Screenshots carry a trusted timestamp, so the proof of use and of bad faith stands on its own.

We then choose the route:

• The UDRP for most generic top-level domains and for those country-code domains that have adopted it. It leads to transfer or cancellation, not damages.
• The URS for new generic TLDs, when the case is clear. It leads to suspension of the name, not transfer.
• For .eu names, the procedure before the Czech Arbitration Court. For country-code names, the registry's own procedure, which differs per country.
• Court proceedings in the member state that fits the case, where there is a wider dispute, the facts are contested, or you need damages or interim relief.

Before any complaint, we consider whether a warning letter is sufficient, and whether a takedown or a purchase of the name is cheaper than a procedure. For some cases a negotiated transfer is the best outcome.

If you are the holder, we assess the risk honestly and prepare the response. A complaint against a holder with a genuine claim can be defended, and a complaint brought without good grounds can be answered by asking the panel to find reverse domain name hijacking.

The attorney decides at three points: whether the facts support a complaint at all, which route fits, and whether to file or to settle. The system collects and orders the evidence; it does not decide whether bad faith is shown. We also tell you honestly when a case is weak, for example when the holder registered the name before your mark existed, because a lost complaint costs money and can be used against you.

What you get

• An assessment of your position and of the available routes, with a recommendation.
• A complaint or response, prepared from the evidence and filed by an attorney.
• Handling of the procedure until the decision, and of the follow-up with the registrar.
• Where needed, court proceedings or interim measures.
• Advice on a domain name strategy afterwards: which names to hold, and how to monitor for new ones.

A short scenario: a manufacturer finds that a former distributor holds a .eu name with its brand and redirects visitors to a competitor. Contact is ignored. We prepare a complaint for the Czech Arbitration Court with the registration records, captures of the redirect and the termination letter of the distribution agreement. The decision orders the name transferred.

Next step

If you have a name in mind, send us the domain name and your trademark details. We will say which route fits and what evidence we would need.

Schedule a meeting or contact us.