Domain Name Disputes

Often times someone will register a domain name that contains a your trademark or business name, or allege that you have squatted their domain name. Chhabra Law can help to defeat or pursue such claims.

We have in-depth knowledge of international domain name law processes including the UDRP and ICANN. A UDRP proceeding is commenced with the filing of a complaint and filing fee. The complaint must establish:

1. the domain names are identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
2. the Respondent has no rights or legitimate interests in respect of the domain names; and
3. the domain names were registered and are being used in bad faith

If someone registers a domain name similar to the one you have been using, whether intentionally or unintentionally, they may have infringed on your rights subjecting them to legal action. However, if they are intentionally trying to confuse customers or to profit from your brand, this is generally considered as evidence that the domain registration was in ‘bad faith’ or ‘abusive’.

Another commonly seen issue stems from misappropriation, also known as cybersquatting. Under this practice, the cybersquatter hopes to sell the domain name that resembles the one registered by its rightful owner with the hope that either the rightful owner or their rival would purchase the domain. Cybersquatters often buy multiple variations of the domain, including minor typographical error.

Whether you are a complainant or respondent, Chhabra Law can assist you with all aspects of domain name disputes.