Domain Name Disputes and UDRP

Domain Name Disputes and UDRP in practice

A domain carrying your company name turns up with a stranger as registrant, showing competitor ads or imitating your website. The route depends on the extension. For .com, .net or .org there is the written UDRP procedure; for a .sk domain you usually need a Slovak court decision, which you then submit to SK-NIC, the .sk registry.

We identify the registrant and send a demand to transfer or cancel the domain. If they do not respond, we bring a UDRP complaint or a civil claim, in phishing cases together with an application for interim measures. We also defend domain holders against unfounded trade mark attacks. For prevention, we suggest a sensible set of domains and monitoring of new registrations.

What we help with

Identifying the registrant and brand monitoring
Demand letter and negotiating a domain transfer
UDRP proceedings for generic domains (.com, .net, .org)
Court action and interim measures for .sk domains
Defence against unfounded trade mark claims to a domain
Defensive domain strategy linked to trade marks

Worth knowing

Three UDRP conditions

The complainant must show that the domain is identical or confusingly similar to its trade mark, that the registrant has no legitimate interest in it, and that it was registered and is being used in bad faith.

UDRP does not award damages

The panel can transfer or cancel the domain, or reject the complaint. Proceedings usually take 2 to 3 months. Neither damages nor costs are awarded; that requires a civil claim.

A domain is not a trade mark

A domain is a technical identifier. An earlier domain registration does not in itself block a later trade mark, but an earlier trade mark can be the basis for recovering a domain registered in bad faith.

The domain belongs to the company

Always register domains to the company, never to the personal account of an employee, agency or partner. Disputes when a relationship ends are among the most common.

Common questions

Registering, in bad faith, a domain identical or confusingly similar to someone else's trade mark or business name, typically to sell it to the mark owner or to confuse customers.
Offering the domain for sale to the mark owner, registering it to stop them using their own brand, disrupting a competitor's business, or attracting users by confusion for profit.
Register your brand in the main extensions (.sk, .com, .eu) and common misspellings, register a trade mark and monitor new registrations of similar domains.

Articles are in Slovak.

Preparing for the consultation

What to prepare for your consultation

Tick what you already have. You can print the list or save it as a PDF. Your ticks are remembered only in your browser.

For every matter

documents: contracts, decisions, demand letters, invoices
correspondence with the other party or the authority
a short timeline of what happened and when
the questions you want answered and what outcome you hope for

Also for this area

a Business Register extract and the articles of association
exactly what should change: director, registered office, shareholder, company name
identity documents of the people who will sign
contracts with partners that the matter concerns

0 of 8 ready

Discuss your matter with a lawyer

In a consultation we assess your situation, suggest a way forward and tell you what costs to expect.

€90 incl. VAT, 30 minutes, in person or online

This page is for general information, reflects Slovak law at the time of writing and is not a substitute for advice on your particular matter.

Domain Name Disputes and UDRP