--- title: "Domain Name Disputes | Pitch" description: "We recover or cancel domain names registered in bad faith, through the UDRP, the URS, the .eu procedure, country-code procedures such as .be, or the courts,…" url: https://www.pitch.law/solutions/domain-name-litigation --- [pitch](https://www.pitch.law/) [Solutions](https://www.pitch.law/solutions) [Intellectual Property](https://www.pitch.law/solution-categories/intellectual-property) # Domain Name Disputes We recover or cancel domain names registered in bad faith, through the UDRP, the URS, the .eu procedure, country-code procedures such as .be, or the courts, and defend clients accused of the same. - By By Bart Lieben, Attorney-at-Law - Published 8 February 2022 - 360 stage: Enforce ## 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](https://www.pitch.law/academy/udrp-and-domain-name-disputes) 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](https://www.pitch.law/technologies/domain-monitoring-enforcement) detects a name, the record of how it was found, what it showed and how it changed is kept. [Our enforcement workflow](https://www.pitch.law/technologies/online-takedowns) 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](https://www.pitch.law/schedule) or [contact us](https://www.pitch.law/contact-us). ## In short - UDRP and URS complaints prepared from an evidence pack - .eu disputes before the Czech Arbitration Court, and country-code procedures such as .be before CEPANI - Court proceedings in the EU member states where a procedure is not enough - Defence for domain holders who are wrongly accused - Monitoring that finds the problem names early ## Technology we use - [Technology](https://www.pitch.law/technologies/online-takedowns) ### [Takedowns and Enforcement Notices](https://www.pitch.law/technologies/online-takedowns) [A notice workflow for marketplaces, registrars, hosts and platforms, with a timestamped evidence pack for each action and enforcement documents drafted in four languages.](https://www.pitch.law/technologies/online-takedowns) - [Technology](https://www.pitch.law/technologies/domain-monitoring-enforcement) ### [Online Brand Monitoring](https://www.pitch.law/technologies/domain-monitoring-enforcement) [Continuous discovery of lookalike domain names, counterfeit listings and impersonating accounts, with detections shown in the client portal for attorney review.](https://www.pitch.law/technologies/domain-monitoring-enforcement) ## Background reading - [Academy](https://www.pitch.law/academy/udrp-and-domain-name-disputes) ### [UDRP and Domain Name Disputes](https://www.pitch.law/academy/udrp-and-domain-name-disputes) [How a bad-faith domain name can be recovered under the UDRP and URS, and under the separate procedure for .eu names, under country-code procedures, or through the courts.](https://www.pitch.law/academy/udrp-and-domain-name-disputes) - [Academy](https://www.pitch.law/academy/online-brand-protection-how-brand-monitoring-works) ### [Online Brand Protection: How Brand Monitoring Works](https://www.pitch.law/academy/online-brand-protection-how-brand-monitoring-works) [How infringements of a trademark are found online, which rules decide whether they are unlawful, and which routes exist to stop them.](https://www.pitch.law/academy/online-brand-protection-how-brand-monitoring-works) ## More in Intellectual Property - ### [Trademark Clearance](https://www.pitch.law/solutions/trademark-clearance) [A structured check of whether a name or logo is free to use and register, ending in an attorney-signed opinion with risk levels and a clear recommendation.](https://www.pitch.law/solutions/trademark-clearance) - ### [Trademark Watch & Opposition](https://www.pitch.law/solutions/trademark-watch-opposition-monitoring) [We watch the registers for new marks that conflict with yours, tell you which ones matter, and oppose within the deadline when you instruct us to.](https://www.pitch.law/solutions/trademark-watch-opposition-monitoring) - ### [Brand Monitoring & Online Enforcement](https://www.pitch.law/solutions/effective-online-brand-protection) [We find counterfeit listings, impersonation and lookalike domains across marketplaces, social media and the web, and act on them through the right route.](https://www.pitch.law/solutions/effective-online-brand-protection) - ### [Brand Policy Compliance](https://www.pitch.law/solutions/online-brand-compliance) [We help brand owners get distributors, resellers and licensees to follow the brand rules, through the contract, monitoring and a graduated response.](https://www.pitch.law/solutions/online-brand-compliance) - ### [IP Portfolio Management](https://www.pitch.law/solutions/ip-portfolio-intelligence) [We keep your trademarks, designs, domain names and patents in one overview, follow every deadline and prepare each renewal decision with a cost estimate.](https://www.pitch.law/solutions/ip-portfolio-intelligence) - ### [Trademark Registration](https://www.pitch.law/solutions/trademark-registration) [We choose the right route and scope for your mark, file it with the EUIPO, the BOIP or through the Madrid System, and keep it in order afterwards.](https://www.pitch.law/solutions/trademark-registration) ## Let’s talk Tell us what you’re working on. We’ll get the right person on it and reply within one business day. The first chat is free. [Schedule a meeting](https://www.pitch.law/schedule)