Think you may be a victim of cybersquatting?
A trademark lawyer specialized in domain name issues will be able to determine if you can pursue action against a potential cybersquatter.
CADNA is an educational and advocacy group that does not attempt to resolve domain name disputes. However, here are some links that may be useful if you are looking to determine your next course of action.
Uniform Domain-Name Dispute-Resolution Policy (UDRP)
This may be the best option if you have a clear case of cybersquatting and want to get the domain name for yourself.
The criteria for all of the following must be met in order for the case to be considered a case of cybersquatting:
- the domain name is confusingly similar to your trademark;
- the current owner has no legitimate right to use the domain; and
- the domain name was registered and is being used in bad-faith.
Major UDRP Dispute Resolution Providers:
Uniform Rapid Suspension Procedure (URS)
This is the best option if you want the offender to stop using the domain name immediately but do not need immediate use of the domain name yourself. This can be used for new generic top-level domains (gTLDs), such as .GURU or .SHOPPING, and select country-code top-level domains (ccTLDs, such as .PL, that accept this procedure.
The URS is the fastest and least expensive rights protection mechanism. There’s a very high standard to meet but, if the complainant makes a good case, the registrar suspends the domain name and its website until the registration expires.
URS providers:
Anticybersquatting Consumer Protection Act (ACPA)
The ACPA is a solution to cybersquatting that requires going to court and is useful for large companies that need immediate action or have identified one cybersquatter in possession of several domain names infringing on its trademark. Read more about ACPA and its limitations here.
Cease-and-Desist Letters
In some cases, the threat that a domain name poses may be neutralized by simply contacting the domain name owner or by sending a cease and desist letter. Again, a trademark lawyer who is specialized in domain name disputes can determine if this is the right course of action for you.
Tell Your Story
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