Our domain name dispute lawyers can recover domain names for clients seeking to protect their brand.
Cybersquatters or aggressive business competitors can register a domain name that is confusingly similar to the name of your business. Your online presence, brand, goodwill: a business’ intangible and reputational assets s... and even sales figures can suffer as a result. Our domain name dispute solicitors can take swift legal action to have the domain name in question transferred to you.
A number of options are available for those affected by cybersquatting. Before formal domain name dispute proceedings are commenced, attempts should be made to recover a domain name by corresponding with the registered domain owner. However, cybersquatters are not generally inclined to hand over domain names voluntarily, or even respond to correspondence for that matter.
Commencing court proceedings seeking transfer of the domain name is a possibility. The claim can be based on trade mark infringement or, for business names not protected by trade mark registration, passing off. The litigation: the bringing of a lawsuit or legal claim in cour... process can however be time consuming and costly.
For a domain name dispute resolution procedure that is quicker and cheaper than litigating through the courts, claimants should seriously consider the procedure offered by WIPO, pursuant to its Uniform Domain Name Dispute Resolution Policy. Your claim for recovery of the domain name will be considered on the basis of a written complaint and any written response filed by the respondent. There is no costly hearing to attend. An independent will award you transfer of the relevant domain name if he or she is satisfied that (among other things):
- You have rights in a name that is identical or confusingly similar to the relevant domain name
- The respondent has no rights or legitimate interest in respect of the domain name
- The domain name was registered or subsequently used by the respondent in bad faith. “Bad faith” can include where the respondent has registered the domain to sell it for an extortionate sum, or to prevent the owner of the corresponding business name from acquiring the domain.
Our solicitors have a proven track record of success in recovering domain names under the WIPO procedure. If you have a domain name dispute you wish to discuss, please contact South Bank Legal on a confidential basis.