Tuesday, September 25, 2007

Domain Disputes

There are several ways to dispute a domain and come to a resolution. Cost and time are usually the factors to determine which method to try.
Typically, sending a letter to a registrant (which is public information that can be found using a Whois database) of a domain to request a resolution is the cheapest and quickest method to resolve a dispute, if the registrant agrees with you.
If the registrant does not agree with you, a UDRP (domain dispute arbitration) will typically be the next cheapest option, if you are a trademark owner, there is bad faith by th part of the registrant, and your mark is strong enough to succeed against any 'generic' claim while being confusingly similar to the domain name at issue.
The alternative to UDRP is to go to court. This can end up being much more expensive and take up a lot more time, however, this venue will allow you to sue for monetary damages, while the options above merely give you a chance to get the domain back.

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