How Is It Decided Who Has the Best Claim to a Disputed Domain Name OR the Logic of the Domain Name Dispute Process?

The domain name registration process relies on a first-come-first-served basis by administrators and registrars. Registration of similar domain names and similar trademarks to that Domain can cause domain disputes. 

Using a domain name will establish some rights to that domain name, mainly if you publicize that domain name, i.e., on your letterhead. However, if someone has registered a domain name does not mean that they have the best right to it. If a similar trademark is registered earlier by someone, they may have more substantial rights to the Domain. 

In many cases, various businesses could have rights to a domain name, specifically when a domain name describes a product rather than using the company’s name or trademark.

The two common factors that cause a domain name dispute are following.

  • You can win a domain dispute if you can show that the other party registered a domain with bad intentions, including registering a domain name using your trademark to sell it to that person or passing the website off as related to that person’s business.
  • Large companies with heavy pockets may be prepared to pursue a domain name by running up large legal bills. In this case, it may be in your interest to negotiate a settlement.

As disputes can be complex, you should take legal advice on your particular circumstances.

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