Someone registered your name as a domain. Now what?
Two legal routes exist for taking a domain from a cybersquatter: a UDRP complaint and a federal lawsuit.
Cybersquatters register domains that copy a brand or personal name, then use them to divert traffic, sell fakes or demand payment.
Route one: UDRP
The Uniform Domain Name Dispute Resolution Policy applies to .com and most common domains. You file a complaint with an approved provider such as WIPO. You must show three things:
- The domain is identical or confusingly similar to a trademark you have rights in
- The registrant has no rights or legitimate interest in it
- It was registered and is being used in bad faith
The process runs on written submissions, with no hearing, and usually ends in about two months. The only remedy is transfer or cancellation of the domain.
Route two: federal court
The Anticybersquatting Consumer Protection Act lets a trademark owner sue in federal court. A court can transfer the domain and award statutory damages of $1,000 to $100,000 per domain. It costs more and takes longer.
Which to choose
UDRP suits a clear case where you only want the domain. Court makes sense when you want money, the squatter is in the US, or the dispute involves more than the domain.
Evidence that helps
Proof of your trademark rights, screenshots of the site, any offer to sell you the domain, and a record of other brand domains the same person holds.
This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.