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Your domain name is a key part of your brand, your reputation, and your company’s identity. When someone else registers or otherwise takes control of a domain that should rightfully belong to you, it can cause serious harm to your business. Whether it is cybersquatting, a bad faith registration, or even a former employee holding onto access, there are options available to reclaim a domain name. At ESQwire, we are leaders in domain name protection and domain disputes. Our domain dispute attorneys provide a comprehensive guide to your rights and your options for reclaiming your online identity.

What to Know About the UDRP (Primary Domain Name Protection Regulation)

The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is one of the most important regulations that businesses and organizations should be aware of when trying to navigate domain disputes. Indeed, the policy is a tool that can be used to resolve a wide range of domain ownership conflicts, and it can be particularly effective when a domain is registered in bad faith. Managed by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP offers an efficient, arbitration-style process that trademark owners can use to challenge a domain name that infringes on their intellectual property. To bring a successful UDRP complaint, you must prove:

• The domain name is identical or confusingly similar to your trademark;
• The party that registered it has no legitimate interest in the domain; and
• The domain was registered and is being used in bad faith.

Takeaway: If a cease-and-desist letter is not sufficient to get the other party to turn over the domain name voluntarily, the UDRP generally offers the first formal legal option for resolving the dispute.

Litigation is Required for Some Domain Disputes (Cybersquatting Claim)

While the UDRP is efficient and often effective, it is not the only available legal option. In some cases, civil litigation may be a more appropriate remedy. Under the federal Anti-Cybersquatting Consumer Protection Act (ACPA), trademark owners can file a lawsuit in a U.S. court to seek:

• Injunctive relief—meaning the forced transfer of the domain; and
• Statutory damages of up to $100,000 per domain name in violation of your rights.

Notably, civil federal domain name registration can be powerful when dealing with repeat offenders and/or clear-cut cases of extortion. At the same time, litigation takes more time and typically involves higher legal costs. Alternative dispute resolution (ADR), including bringing a complaint through the UDRP, is the best approach for most domain disputes.

Know the Best Practices for Protecting Your Brand (Domain Names)

With domain name protection, a proactive approach is a must. You should develop a comprehensive brand development and protection strategy to best protect your company’s identity. Here are some of the key considerations to keep in mind:

Register Your Trademarks and Align Them With Your Domain Strategy: Trademark registration is one of the foundations of domain name protection. Registration gives your business strong legal rights—including rights that extend into the digital world. If your domain name matches a registered trademark, you will have standing to bring a UDRP complaint and to take action under the federal ACPA.

Consider Using Multiple Domain Variations and Extensions: You can also protect your brand by registering common variants of your domain, including different top-level domains, including things like .com, .net, .org. It may also be a good option to secure the domain name for common misspellings and/or abbreviations of your brand name. Unfortunately, cybersquatters often take advantage of unregistered variations to redirect traffic, sell counterfeit goods, or demand exorbitant buyback fees.

Keep Domain Registration Information Accurate and Up to Date: You do not want to let your domain registration lapse. It should always reflect accurate contact and ownership details. Inaccurate or outdated records can result in failed renewal notices or loss of access to your domain. Worse yet, it may prevent your company from taking timely legal action in the event of a domain dispute. Strategies like proactive monitoring and automatic renewal can help you protect your domain name.

We are Leaders in Domain Name Disputes: Reclaim Your Online Identity Today

At ESQwire, we provide solutions-focused guidance and support to clients in domain name disputes. If you have any specific questions or concerns about your options for reclaiming your online identity, we are here to help. Contact us today for a fully confidential, no-obligation consultation. We handle domain disputes nationwide.

Sources:

https://www.icann.org/en/contracted-parties/consensus-policies/uniform-domain-name-dispute-resolution-policy/uniform-domain-name-dispute-resolution-policy-01-01-2020-en

https://www.icann.org/

https://www.ce9.uscourts.gov/jury-instructions/node/699