In the modern world, online presence is one of the most important parts of a business’ image, especially as the first place a customer will find out about a company is typically via its website.
Domain names help in offering clear and accessible information about the company and its products/services to potential clients, as well as existing ones.
Consequently, it is important that you safeguard your domain name from third parties and possible disputes.
Watch out for resellers
Sometimes, if you own a company but haven’t registered a domain name yet, somebody may purchase this for themselves, to then sell back to you at a higher price.
If a situation such as this does arise, you can send a notice to the domain name Registrant with a copy to the domain name Registrar, requesting transfer of the domain name to you.
You can also ask the Registrant to handle an undertaking to avoid additional misuse.
If the dispute is not settled through notice, you can then file a domain name complaint.
Uniform Dispute Resolution Policy
If the dispute concerns a Generic top-level domain, the complaint can be filed under the Uniform Dispute Resolution Policy (UDRP) policy.
These kinds of domains include but are not limited to:
- .com
- .org
- .net
- .gov
If you consider a domain name registration as infringing your trademark, you can instigate a proceeding against a domain name Registrant.
In the domain name complaint, you can request cancellation of the Registrant’s domain name, or the relocation of the domain name registration to you.
A complaint should meet the following criteria:
- The domain name must be the same or similar to your trademark
- The Registrant has no rights or valid pursuits in respect of the domain name
- The domain name has been registered and is being employed for the wrong reasons.
It is important to seek legal advice when handling domain name disputes. Here at Palmers Solicitors, we can help.
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