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Question: If someone has already registered a Domain Name that is similar to my business name or trade marks, is there is anything that I can do about it without having to take expensive Court action?
Answer: Yes there is.
In the early days of the Internet, Domain Names were allocated on a first-come first-served basis. Many Domain Names that incorporate well known business names and trade marks had been registered by persons who simply applied for them before anyone else did. These Domain Names have sometimes been used to divert Internet traffic to the competitors of legitimate businesses or been offered for sale (at ridiculous prices) back to those who have a legitimate interest in the name.
In recent years, the rules regarding the registration of Domain Names have changed. They now recognise that certain owners of business names or trade marks have a legitimate interest in a particular Domain Name. If that Domain Name is registered to another person who does not have a legitimate claim to that Domain Name and is using that Domain Name in “bad faith”, then you can take steps to have the registration of that Domain Name transferred to you.
The most important step to take involves making a formal complaint to an arbitrator who is able to hear disputes concerning Australian Domain Names. One such arbitrator is the World Intellectual Property Office (WIPO). The WIPO has already arbitrated over 25,000 disputes involving Domain Names world wide and has, in the overwhelming majority of cases, transferred the Domain Name to the person who lodged the complaint. If you also wish to claim damages against the wrongful user of your Domain Name or reputation, court action may be necessary.
The good news is that if someone is misusing a Domain Name that you have a legitimate interest in, then there is something that you can do about it. The even better news is that using arbitrators, such as the WIPO, to resolve Domain Name disputes is much faster and cheaper than taking action in Court.
Please contact us on the numbers below to discuss your rights to a Domain Name or if you have any Internet related legal issues.
Contact Us
If there is a particular concern about any of the above or how it applies to you or your company, do not hesitate to contact Tal Williams on (02) 9458 7241 or John Pagacs on (02) 9458 7006.
Tal Williams
Partner
Ph: (02) 9458 7241
Email: tal.williams@ablawyers.com.au
John Pagacs
Special Counsel
Ph: (02) 9458 7006
Email: john.pagacs@ablawyers.com.au
