One of the reasons for the large number of trademarked domain names is the large number of registered domain names. More than 202 million domain names have been registered online till now.
But the biggest reason there are so many bad domain names is the lack of knowledge about managing them. Most people, including domain name registrars, are unaware of the Federal trademark law, legal significance and consequences of the infringement and how to determine if a necessary domain name is damaging your brand.The domain name industry can benefit if the general public is unfamiliar with trademark law and how it relates to domain names.
Domain names have become multibillion-dollar companies. The domain name market is of interest to companies that publish domain names and support auctions, auctions and the sale of domain names. However, if you notify future domain name registrars and buyers that a particular domain name may be a ticket for continuation or arbitration with the Internet Corporation for Assigned Names and Numbers (ICANN).
With this article, we will lay emphasis on 6 ways you can recover your domain name from cyber squatters. So, without much delay, here we go!
1. Send a cease and desist letter
One way to take legal action against an offender is to send a so-called “stop and desist” letter to the offender. This is a letter that says:
- I own trademark (although unregistered common trademarks are protected by law),
- you damaged my trademark and caused me damage,
- you should stop using the brand immediately and not use it in the future,
- you need to transfer the domain name to me and
- if you do not take the necessary action, I will leave the case to my lawyer to take appropriate legal action, including a claim for damages.
Maybe it’s worth a try. In my experience, however, a letter from a the owner is often ignored. If it works, great. Otherwise you will lose a few hours, but you have the opportunity to escalate the issue.
2. Enter the trademark license agreement with the infringer
If the infringer wishes to enter into a license to use the trademark (which may or may not be the case), the trademark owner can object to claims that the police have failed enough. Arguing that the other party is not eligible because they use the trademark under a license agreement. The disadvantage of this alternative is that negotiating, concluding and signing a license agreement can be costly. License conditions may be less than satisfactory. The licensee continues to use the trademark.
3. Hire a lawyer to send a letter about stopping
This method costs money (perhaps less than a trademark license agreement prepared by a lawyer), but further increases the chances that you will achieve the desired result. It is common for offenders not to have more means to meet the trader’s requirements than the risk of being sued in a lawsuit or lawsuit under the ICANN Uniform Domain Name Dispute Resolution Policy (link). On the other hand, if the offender requests money from the infringing domain name, it is likely that the lawyer’s statement and notice letter will not be taken into account.
4. You can file an ICANN arbitration case and recover infringing domain names
All domain name registrants/owners are subject to arbitration known as ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP). This policy is a dummy weapon for trademark owners that can be used to quickly and cheaply gain ownership of counterfeit domain names.
A UDRP arbitration involves the following steps:
- The trademark owner will file a lawsuit (maximum 15 pages) and pay arbitration fees (approximately $1,300 for the first domain name issued).
- The domain owner has 20 days to respond.
- The trademark owner has the option to send a response within five calendar days from the day on which he received the response. The arbitrator usually issues a decision within 14 days.
- If the marketplace owner wins, the domain name will be transferred to the marketplace owner within 10 days of the decision, unless the domain name owner petitions a competent court within 10 days to block the transfer.
5. File a lawsuit in federal court for violating the Consumer Anti-Semitism Act (ACPA) or other laws
Trademark owners get another powerful weapon to acquire infringing domain names. The disadvantage of litigation is that market owners will spend more time listening to cases than in UDRP arbitration, and litigation costs tend to be higher.
The only remedy against a UDRP action is an award, which will be awarded by the arbitrator to the domain name registrar for the revocation, transfer, or change of the domain registration. The trademark owner is seeking further redress, e.g. monetary compensation or further notice of infringement, must bring action under applicable laws. ACPA practices are very effective. The trademark owner reserves the right to compensate for actual damages. Otherwise, the courts may award statutory damages of up to $100,000 for each domain name infringement. In the case of the ACPA, the famous cyber squatter John Zucarini was ordered to pay $500,000 in compensation for five domain name violations, and the market owner paid more than $60,000 for legal and paddy fields.
6. Do absolutely nothing
This is the simplest and most affordable procedure, but carries the risk that domain name infringement will damage the reputation of the market and / or lead to the loss of trademark rights.
Hoping that you use these tactics to the fullest and can recover your domain name from a cyber squatter. Finally it is your right to have what you possible can.