Domain name disputes

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Given the proliferation of new top-level domains (sometimes called ‘extensions’) – for example, .co, .ltd, .online and .sucks – and the cross-border nature of the Internet, conflicts between trade mark owners and domain name registrants (who may also be trademark owners themselves) are becoming more and more frequent.

Apart from reputational damage and lost visitors, abusive registrations can often have a direct cost to brand owners when they are paying for online advertising; visitors typing in the domain name can be directed to websites featuring the brand owner’s adverts. When visitors click on these adverts, the brand owner is then charged.

On the other hand, brand owners sometimes go too far, seeking to take a domain from a legitimate owner when they have no right to do so.

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What is Domain Name Dispute?

Disputes over domain names will often occur where:

A domain name has been registered to take advantage of a (e.g.) a trade mark owner’s rights. This is often referred to as cyber-squatting (or, in relation to a specific type of cyber-squatting, typo-squatting). For example, <applestor.com> and <wwwitune.com>;
A trade mark owner is trying to obtain, through litigation, a domain name to which they have no right. This is often referred to as ‘reverse domain name hijacking’. For example, a finding of reverse domain name hijacking was made when the New Zealand government attempted (via UDRP proceedings) to obtain <newzealand.com> from a bona fide owner.

How Barnes Law can help you?

Our team of dispute resolution lawyers has extensive experience in resolving domain name disputes, both in defending our clients from abusive complaints/claims and in recovering squatted domains on behalf of our clients. We can advise on all disputes, whether relating to .uk domains, generic domains (for example, .com, .net) or country-specific domains (for example, .fr, .de).

We are often able to resolve domain disputes through negotiation but, where that fails, Barnes Law can represent you in Nominet DRS proceedings, UDRP proceedings (before the Czech Court of Arbitration, Forum, WIPO or another body) and before the English courts. Furthermore, with our extensive network of overseas associate firms, we can also seamlessly assist with any proceedings in other jurisdictions.

For a consultation on how Barnes Law can assist you in your domain name dispute, please call us on +44 (0) 208 092 2700 or email info@barnes-law.co.ukor click the link below.

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