6 methods for reclaiming your domain name from a cyber squatter

The enormous number of registered domain names is one of the causes behind the large number of branded domain names. To far, over 202 million domain names have been registered online. 

The fundamental cause for so many terrible domain names is a lack of knowledge about how to manage them. The majority of people, including domain name registrars, are uninformed of Federal trademark law, the legal implications and repercussions of infringement, and how to decide whether an essential domain name is harming your brand.If the general public is unfamiliar with trademark law and how it pertains to domain names, the domain name industry can benefit. 

Domain names have grown into multibillion-dollar businesses. Companies that publish domain names and support auctions, auctions, and the sale of domain names are interested in the domain name market. However, if you warn future domain name registrars and buyers that a specific domain name may be a ticket for continuation or arbitration with the Internet Corporation for Assigned Names and Numbers (ICANN), you may be able to avoid this. 

This post will focus on six methods for recovering your domain name from cyber squatters. So, without further ado, here we go! 

1. Send a letter of cease and desist

Sending a “stop and desist” letter to an offender is one technique to pursue legal action against them. This is a letter stating:

• I hold a trademark (although unregistered popular trademarks are legally protected),
• You harmed my trademark and caused me harm.
• You should cease using the brand immediately and never use it again.
• You must transfer the domain name to me.
• If you do not take the necessary steps, I will refer the situation to my lawyer, who will pursue proper legal action, including a demand for damages.

Perhaps it’s worth a shot. However, in my experience, a letter from the owner is frequently ignored. If it works, that’s fantastic. Otherwise, you will lose a few hours, but you will have the option to escalate the problem.

2. Sign a trademark licencing agreement with the infringement

If the infringement intends to obtain a licence to use the trademark (which may or may not be the case), the trademark owner has the right to object to assertions that the police have failed enough. claiming that the other party is ineligible since they are using the trademark under a licence agreement. The disadvantage of this option is that it might be costly to negotiate, conclude, and sign a licence agreement. Licence circumstances may be less than ideal. The licensee is still using the trademark.

3. Hire a lawyer to write a letter requesting a halt

This strategy is more expensive (maybe less so than a trademark licence agreement prepared by a lawyer), but it increases the likelihood of success. Offenders are frequently unable to meet the trader’s requirements due to the possibility of being sued in a lawsuit or litigation under the ICANN Uniform Domain Name Dispute Resolution Policy (link). If, on the other hand, the offender asks money from the infringing domain name, the lawyer’s declaration and notice letter are unlikely to be considered.

4. You have the option of filing an ICANN arbitration lawsuit to recover infringing domain names

All domain name registrants/owners are subject to the Uniform Domain Name Dispute Resolution Policy (UDRP) of ICANN. This strategy serves as a fake weapon for trademark owners, allowing them to rapidly and cheaply obtain control of counterfeit domain names.

The following steps are involved in a UDRP arbitration:

• The owner of the trademark will submit a lawsuit (maximum of 15 pages) and pay arbitration fees (about $1,300 for the first domain name issued).
• The owner of the domain has 20 days to respond.
• The trademark owner has the option of sending a response within five calendar days of receiving the response. Typically, the arbitrator renders a verdict 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 files a petition with a competent court within the same time frame to halt the transfer.

5. File a federal lawsuit for violations of the Consumer Anti-Semitism Act (ACPA) or other statutes

Trademark owners now have another effective tool for acquiring infringing domain names. The drawback of litigation is that market participants will spend more time listening to cases than they would in UDRP arbitration, and litigation expenses are typically greater.

The only remedy available in response to a UDRP action is an award, which the arbitrator will make to the domain name registrar for the revocation, transfer, or alteration of the domain registration. If the trademark owner seeks more recourse, such as monetary compensation or additional notice of infringement, he or she must file an action under applicable laws. ACPA procedures are extremely effective. The trademark holder maintains the right to seek restitution for actual losses. Otherwise, the courts have the authority to impose statutory damages of up to $100,000 per domain name infringement. The famous cybersquatter John Zucarini was forced to pay $500,000 in compensation for five domain name infringement in the ACPA case, and the market owner paid more over $60,000 for legal and paddy lands.

6. Don’t do anything

This is the easiest and least expensive approach, but it carries the danger that domain name infringement will harm the market’s reputation and/or result in the loss of trademark rights.

Conclusion

I hope you employ these strategies effectively and successfully recover your domain name from a cyber squatter. Finally, it is your right to have as much as you can.