How to fight a domain name dispute

UK intellectual property law surrounding the domain name registration protects any name(s) you register as either an individual or a business. At the time of registration, your contact details are recorded in order to prevent disputes arising from domain name clashes.  Although all domains must be unique it is possible to register similar domains or make bulk purchases, e.g. in the case of companies intending to sell them on at a later date.

Domain disputes most commonly occur when somebody registers a domain name that is very similar to your own or commits so-called ‘cybersquatting’, i.e. registering, trafficking in, or using a domain name with intent to profit from the goodwill of a trademark belonging to somebody else. Cybersquatters will sell the domain to the person or company who owns a trademark contained within the name at a far greater price than they purchased it at and in some cases, post derogatory remarks online in an effort to encourage them to buy the domain.

As a result, domain law, like all aspects of Internet property law, can be highly complex -  hence why all of the main domain registration companies have a dispute resolution service (DRS) which, for a fee, domain owners can use if they want to complain about a domain name. 

Most domain law can be interpreted fairly easily by the DRS (Nominet in the UK) however it becomes far more complex when dealing with international intellectual property law such as trademark registration. In most cases, you would have to fight your domain dispute in each country where you found a domain potentially breaking your copyright or trademark rights.

If you have not managed to obtain resolve a domain dispute via the DRS, it is essential you seek the right assistance and support at the earliest opportunity, particularly if your domain name is an essential component of your business’s trademark. Contact one of our specialist intellectual property solicitors today because the courts will look for properly qualified IP lawyers from all parties in the dispute. 

 

Looking for specialist Domain Dispute Advice? You have found the right place
Very few Lawyers specialise in Intellectual Property or domain dispute cases. We do.
So for city quality Domain Dispute Advice at local prices;

• call us today on (01722) 422300 or
• email us at advice@intellectual-property-lawyer.co.uk

 

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