Domain Name Disputes

Western IP Law can help you file a UDRP Complaint to seize a domain name being used abusively

Just like a patent, a domain name is a piece of intellectual property. If someone has registered, and is using, a domain name that is confusingly similar to your own in an abusive manner, USPatentLaw may be able to help you gain ownership of that domain though a quick and simple arbitration process. Examples of abusive behavior by others which may entitle you to gain control of their domain, include: (1) registering a domain name that is a misspelling of your domain, (2) registering a domain name that is similar enough to your domain that users looking for you are arriving at their domain by mistake, (3) designing or operating a website that mimics your website in some way that confuses users, or causes them to believe you condone or are associated with the infringing domain, and (4) embarrassing you or your users by putting objectionable material on a domain name similar to yours (such as pornography). Individuals and organizations which engage in these behaviors are called cybersquatters or cyberpirates. Cyberpirates often engage in the above listed behaviors in an attempt to extort exorbitant purchase prices for the infringing domain name out of legitimate website owners. The quasi-private authority which controls ownership of all domain names is called the Internet Corporation for Assigned Names and Numbers (ICANN). ICANN provides a simple procedure for resolving disputes related to abusive behavior, and we can represent you in availing yourself of that procedure by initiating an arbitration proceeding. We do this by filing what is called a UDRP Complaint (or QCP or CEDRP Complaint).

Generally, the complainant (the party complaining about another’s use of an abusive website) files what is called a UDRP Complaint. The filing fee to file this complaint is currently $1,300 for a single-member panel and $2,600 for a three-member panel. The fees may increase if more than one domain name is in dispute. The respondent (the party controlling the allegedly abusive website) has twenty (20) days to answer the complaint. Often the respondent will not answer, in which case the complainant often wins by default. If the respondent does answer, the complainant has five (5) days to submit any additional relevant materials, and the respondent then has five (5) days to make a final submission. In three-member panels, the complainant and respondent engage is a process of selecting and disqualifying panelists such that both have some say in who is, and is not, on the panel. A final decision by the panel is rendered within fourteen (14) days of the final submission, if any, by the respondent. The decisions of the arbitration forum’s panel can be taken up with a federal district court within ten (10) days of the arbitration forum’s final decision, but are usually left to stand by the litigants (are usually not appealed by either party).