
A Basic Name for a Website
A domain name is a means of identification on the internet. It provides an individual or business with the right to build their website around the domain name. There are no limitations to expanding a website on the internet. So, domain names are basically a means by which creators and entrepreneurs can keep developing and modifying their websites within those boundaries.
Domain names are an important component of a website. It is the integral part that introduces its services even before the client’s first visit. However, there are some issues that require a developer’s immediate attention. The main issue that occurs frequently in domain name disputes.
In this article, we will be discussing some important aspects of domain name disputes.
Domain Name Disputes
What is a Domain Name Dispute?
It is a very common issue that creators encounter. Domain name disputes occur when a business owner who has registered a trademark for the company name, finds another website with a resembling or nearly similar name to his firm. Such people who design nearly identical names for their companies are commonly known on the internet as ‘cybersquatters.’
Cybersquatting wasn’t very popular a few years ago. However, since the beginning of the pandemic, a rapid increase in these cases has been noticed. Last year, the World Intellectual Property Organization reported their 50,000th cybersquatting case. WIPO also reported a significant 11% increase in such cases from the period of January to October 2020, compared to 2019.
Purpose of Cybersquatting
There are several purposes for stealing a developer’s domain name. Mostly, cybersquatters buy these domains at a fairly cheap price. They hold these domain names until a company approaches them to take over the trademark. At this point, they inflate the prices at whatever level they want to gain an unfair profit from this company.
Other motives may include defamation by creating a new domain like the one targeted. From this domain, they can create a false image by promoting pay-per-click websites, or by selling counterfeit items. Some individuals may even promote a campaign against the original website, by introducing employment scams, or by advertising a competitor. Malware and virus spreading is another common reason for cybersquatting.
Penalties for Cybersquatting
In most countries of the world, cybersquatting is illegal and considered a crime. There are several outcomes for a domain name dispute, which may result in either cancellation or transfer. In terms of damages, the plaintiff may be subject to statutory charges. If these accusations are proved, fines may be imposed, which differ according to each country’s legislation.
Where to Go for a Domain Name Dispute?
Fortunately, associations that review such issues and provide verdicts based on evidence have given people hope. There are many firms that are constantly receiving newer cases of cybersquatting as these problems have risen quite alarmingly in the past few years.
However, the Uniform Domain Name Dispute Resolution Policy (UDRP) is the biggest, oldest, and most popular name in this regard.
This division was formed by the Internet Corporation for Assigned Names and Numbers (ICANN). Throughout their history, they’ve solved 85% of cases, and are deemed a trustworthy association in this matter. Additionally, the World Intellectual Property Organization, is the most renowned UDRP service provider in the world, followed closely by the National Arbitration Forum, also known as the Forum.
Another new company, by the name of Uniform Rapid Suspension System (URS), has stepped into the business. Although it also runs on the same principles as the UDRP, they’re only concerned with the temporary suspension of the domain. It is less expensive than the UDRP but requires a higher burden of proof. It also works on certain gTLDs, and most importantly, doesn’t work with .com TLD.
Adaptations to the UDRP
Regarding the structure of domain name issues, countries were quite impressed by the UDRP’s structure and functioning. Out of 312 ccTLD registry operators, only 42 have adopted the UDRP’s policy. Others, however, saw an excellent model, and decided to form their own association, taking the UDRP’s function as their core. Some of these ccTLD dispute policies include .au, .ca, .us, .uk, and many others.
All these operators have somewhat similar functions. A case regarding a private firm with an individual in Sydney was solved by the Australian ccTLD associations, in which there were quite huge sums of money and bad motives involved. The company proved the accused guilty and received the rights to that domain name.
Registering a Complaint
International Domains
To register your case for an international domain name dispute, you should check the UDRP’s list of acceptable gTLDs first. If it is mentioned in their list, contact their officials by submitting a complaint in the WIPO. After you submit your complaint, they will consider your case when you provide three following demonstrations:
- The accused party duplicated a trademark or service mark in which you have the rights or used an extremely similar name that created confusion among the server traffic.
- The accused party doesn’t have any rights or legal interests in the trademark or domain name.
- The domain name in the debate is registered and was used by the accused party for bad intentions.
After presenting your case to the WIPO, it may take two months to provide a verdict. The accused party will also receive a message from the organisation. The decision will be given by a single or three-member panel, whether to transfer the domain name rights to you or cancel the trademark altogether. It takes around two months for the WIPO to process a single case of such nature.
Australian Domains
Many registry operators developed their own model revolving around the UDRP’s structure. The .au Domain Administration (auDA) was also impressed, and thus, formed the .au Dispute Resolution Policy (auDRP). This association deals with Australian domains such as.com.au, .info.au, and .org.au. Like others, it is a non-profit organisation, and works on the same principles as the UDRP.
Individuals that would like to register a complaint regarding Australian domains can do so at any provider that auDA has approved. WIPO and the Resolution Institute are two firms that the auDA works with to solve cases of such integrity.
In terms of functioning, the applicant has to submit their case with the same requirements as that of the WIPO. After the three conditions are demonstrated, a single or three-member party will review the case, and provide a verdict based on either transfer or complete cancellation of the domain name.
6. Manufacturing Agreement
Ideally, you and your manufacturer should have a formal manufacturing agreement that describes all the parameters under which you will collaborate. It can, however, be tough to persuade manufacturers to consent to one of these agreements.
A manufacturing agreement includes things like:
- The minimum order quantity;
- Lead times;
- Specifications of the products;
- Source of the raw materials;
- Capital investment amount; and
- Price of the product.
A manufacturing agreement must follow FMCG law and must be signed on both ends by all people involved, so it is wise to have a lawyer get involved when creating a manufacturing agreement.
Key Takeaways
- Cybersquatting is the act of producing a similar or almost identical domain name to an already trademarked entity for different negative purposes.
- The UDRP is the major division that works to resolve disputes of domain names.
- To prove a case of cybersquatting, the accuser must prove three important points from the domain of the accused.
- The penalties for cybersquatting are different in different regions of the world.
Our Consultancy Advice
Registering a case for a domain name dispute may look fairly easy, but there are many technicalities hidden underneath. It requires a lot of evidence-based actions and motives to even get the case to the concerned authorities. Therefore, it may take a while longer to get it done alone.
Lazarus Legal is a well-known entity with highly-experienced lawyers, who can provide ample guidance in this matter. Our employees have produced guaranteed results, and their fees are quite reasonable and straight. Connect with us today to get your domain name and trademark issues resolved.
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Mark Lazarus
Mark Lazarus, the visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.