Defending Your Brand Using UDRP

Once you find a great name and register it, that should be the last you have to think about it.  But occasionally, you hit a few road blocks in the way of domain name infringement.  It happens, but its not the end of the world. If at all possible, it is best to avoid taking them to court, as this can prove time consuming and frighteningly expensive.   Instead, here are a few relatively cheap ways to get back what is yours (hopefully).

Domain Name Infringement
What if someone registers a domain name that is eerily similar to your own, so much so that you think it will hurt your brand as a result?  Don’t fret just yet.  There is a policy to protect you in such a sticky situation.  It is called the “Uniform Domain Name Resolution Policy.”  Under this policy, you are protected if:

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
For more on the nitty gritty of this policy, go here.