Home > Media Room > Protect Your Trademark from Cybersquatters

Protect Your Trademark from Cybersquatters

Authored by attorney Jane Tucker 

What can you do if someone is using your trademark as a domain name without any legitimate rights to that name (i.e. a cybersquatter)?

Filing suit for trademark infringement can be impractical (for example, registrant is in a foreign country) and/or cost-prohibitive (trademark infringement litigation, whether in U.S. or in a foreign country, can be expensive).

As an alternative, you can take advantage of the international arbitration system created by the Internet Corporation of Assigned Names and Numbers (ICANN).  Currently there are two arbitration procedures available to trademark owners who seek to stop a cybersquatter:

1.  Uniform Domain Name Dispute Resolution Policy (UDNDRP)
Under UDNDRP an action can be brought by any person who complains (referred to the "complainant") that:

โ€‹โ€‹All of these elements must be established in order for the complainant to prevail.  If the complainant prevails, the domain name will be canceled or transferred to the complainant.

The fees charged by the arbitrator for a UDNDRP proceeding are generally between $1300 and $2600.  

2. Uniform Rapid Suspension System (URS)
URS offers a lower-cost and faster path to relief for trademark owners who have a clear case of trademark infringement where there are no disputed questions of material fact.  It is available for claims against domain name registrants in one of the new generic top level domains (gTLD) created after June 2011.  These are those domains created by registrants with their own invented suffixes, such as .lawyer, .tech, .youtube, etc.  This procedure is not available for domain names registered on the .com, .net and .org gTLD’s.

The main requirements are the same as for a proceeding under UDNRP.  The complainant must show that:

โ€‹If the complainant prevails, the domain name will be suspended for the remainder of the registration period.  Unlike with the UDNDRP, the domain name will not be cancelled or transferred to the complainant.

The fees charged by the arbitrator for a URS proceeding are generally between $300 and $500.

If you have any questions about the above, or any other related matters, please contact Jane Tucker at jtucker@vanblk.com or by phone at 757.446.8625.  


You must read and accept these terms in order to send us email.

Use of this website for communication does not constitute or create an attorney-client relationship for any legal matter for which we do not already represent you. Please do not send any confidential or privileged information electronically via this website unless we have already agreed to represent you.

If you send us information electronically via this website, you agree that our review of that information, even if you submitted it in a good faith effort to retain us, and, further, even if it is highly confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.