In today’s digital age, internet domains are a key asset – they represent the online identity of both companies and individuals. They are often the first point of contact with customers and play a strategic role in building trust, brand recognition, and overall reputation.
When can domain disputes arise?
Domain disputes typically occur in the following situations:
- Infringement of trademark or other earlier protected designations – This happens when a domain name is identical or confusingly similar to a trademark, brand, or trade name of another entity, and the current holder has no legitimate right to use it. Such actions can constitute an unauthorized interference with intellectual property rights. Trademark owners or holders of other protected designations often seek to recover such domains to protect their brand’s reputation, prevent misuse, avoid consumer confusion, and maintain control over their online identity.
- Cybersquatting – This refers to the deliberate registration of a domain containing a well-known brand, with the intent to sell it later to the rightful owner at an unreasonably high price. In some cases, the aim is merely to block access to the domain for competitors or to actively use it to disrupt their business activities.
- Domain hijacking (abuse) – This involves unauthorized takeover of a domain, often through fraudulent means such as phishing, manipulation of registration data, or misuse of login credentials. Domain hijacking can also occur when a business partnership ends and one former partner takes control of the domain without the other’s consent.
The good news is that many such disputes can be resolved out of court, through so-called ADR proceedings (Alternative Dispute Resolution). In these proceedings, the dispute is not decided by a general court, but by an independent expert or panel of experts specialized in intellectual property law and domain name disputes.
ADR proceedings vary by domain type:
- For global (so-called generic) top-level domains such as .com, .net, .org, the process follows the UDRP (Uniform Domain-Name Dispute-Resolution Policy). These rules are governed by ICANN (Internet Corporation for Assigned Names and Numbers), and the proceedings are conducted by accredited arbitration institutions such as the WIPO (World Intellectual Property Organization Arbitration and Mediation Centre).
- For Slovak national domains (.sk), the Rules of Alternative Dispute Resolution issued by the national domain registry – SK-NIC, a.s. – apply. The ADR process is handled by the Arbitration Centre for Alternative Resolution of Domain Disputes, composed of experts in domain dispute resolution.
The aim of ADR proceedings is to achieve a prompt remedial solution, which may consist of
- the transfer of the domain to the rightful claimant (e.g. the trademark owner), or
- the cancellation of the domain (termination of the domain’s registration period) if it was registered in violation of the applicable rules
This method of dispute resolution is faster, more efficient, and more cost-effective than traditional court litigation.
Our law firm has extensive experience in resolving domain disputes not only through ADR but also via court proceedings.
If you are considering steps to protect your domain, or conversely, believe that someone’s use of a domain is infringing on your rights, do not hesitate to contact us.
