Domain names are an increasingly important component of brand and Customer Relationship Management. That is why it is vital that you have access to the recourse you need in cases where your rights are infringed.
At Cleveland Scott York, we are able to help you prevent cases of “cybersquatting”, where another party unjustifiably registers a domain name associated with your business, and assist with remedial actions should an incident of cybersquatting take place.
Where a domain name is “abusive” or has been registered in “bad faith”, there are specific forms of recourse available, which are different from those used in cases of trade mark infringement.
Should cybersquatting affect you, our attorneys are experienced in dealing with cases at the Nominet. Dispute Resolution Service for the .uk country code top level domain, the EURid Alternative Dispute Resolution procedure (ADR) for the .eu top level domain and the Uniform Domain Name Dispute Resolution Policy (UDRP) for generic top level domains.
For disputes broader than just bad faith domain registration, we are also able to assist with trade mark litigation.
Infringement of your IP rights in the form of domain names registered in bad faith can damage your brand and your business. For specialist advice on this please contact us today.
Your rights differ for .uk domain names and others such as .com, .org or .net domain names.
In the case of disputes relating to UK addresses, these are dealt with through the Nominet.UK Dispute Resolution Service through a policy based around the use of mediation.
Essentially, to have recourse through the Nominet.UK process, you must show that you have “rights in respect of a name or mark which is identical or similar to the domain name”. This can apply to circumstances were another party has registered a similar domain with the intention of misleading internet users, for example.
Disputes Relating to international domains are dealt with under the WIPO Uniform Dispute Resolution Procedure (UDRP).
The rules of the UDRP require that the domain is the same or similar to a trademark owned by the complainant, the registrants has no legitimate interests in the domain name and it has been registered in bad faith.