Domain name disputes

There are many different kinds of domain name dispute.  For example, domain name disputes may involve those who:

• find that a stranger has registered a domain name incorporating their trade mark or trade name;
• lose their domain name to another person, for example because they accidentally fail to renew the domain name; or
• discover that an ex-employee or business partner has improper control of a domain.

Although domain name arbitrations are generally much less expensive than court litigation, the costs can be prohibitive where the domain name itself is not of any great value. For this reason, it is often commercially sensible to seek a negotiated settlement to a dispute.

Sometimes a cybersquatter will refused to sell a domain for a reasonable price; and sometimes trade mark owner will have another good reason not to settle a dispute. For instance, the trade mark owner may not want to encourage more cybersquatting, or may on principle refuse to make a payment to a cybersquatter.

In these situations, domain name arbitration proceedings may be employed to recover the domain name.

Both complainants and respondents in domain name proceedings sometimes represent themselves. However, in our experience you are significantly more likely to achieve a favourable outcome if you obtain professional advice and representation.

Domain name disputes successfully handled by SEQ Legal include:

•  WRc plc v. W&R Corp - WIPO Case No. D2007-1284
• UVO3 Ltd v. KK Balers Ltd - WIPO Case No. D2008-0520
• Amedia Limited v. Bkarato - WIPO Case No. D2008-0567
• Companhia Hoteis Palace S.A. v. David Webb - Case No. D2008-1314
• Ecoyoga Limited v. Siteleader.com - Case No D2009-1327