Inventa uses every possible technique to control and restrict cybersquatting and other malicious purposes. Our team is highly specialized in domain disputes, as well as in the resolution of cases in which the name of our clients is in clear danger of being digitally exploited.
It is an increasingly common for domains to be registered and used in bad faith. In these cases, it is possible to "rescue" a domain and return it to the "legitimate" owner. These situations include:
Don't give in to extortion, by denying cybersquatters the rights to your domain.
Take action against entities on the Internet that sell counterfeit goods.
Act against domains that are confusingly similar to yours in order to steal your data.
Act against domains who are stealing your online identity with the intent of damaging your reputation.
Domain Dispute Procedures
As there are different jurisdictions in existence and several ways of dealing with cybersquatting and other illegal practices, the many action mechanisms to be implemented always depend on the domain’s extension:
In the case of domains with generic extensions, such as ". com", ". net" or ". org", the regulatory authority ICANN has created an arbitration system dubbed UDRP (Uniform Domain-Name Dispute-Resolution Policy), which regulates the sector and establishes a code of conduct for the digital environment. In these cases, a panel of experts will analyze the arguments submitted by all parties involved in the cybersquatting process, to determine who has an actual interest in the respective domain (and, consequently, legal justification for claiming it). ICANN will then force either its transfer back to the complainant or its cancellation, if it has been illegally or improperly used.
Through WIPO (World Intellectual Property Organization), Inventa represents clients in domain dispute processes, taking care of communicating and establishing contact with the involved entities. Such procedures do not usually take long - the maximum timeframe being two months.
The URS system (Uniform Rapid Suspension system) helps owners of registered trademarks to protect their image in the digital sphere, in a process that can be either alternative or complementary to the UDRP. The difference between these two systems lies in the fact that the URS can force domains to be blocked or suspended but not transferred back to the trademark’s owner.
In order to report a case to the URS system, it is necessary that:
Depending on the body controlling the extension involved, there may or may not be an out-of-court solution to resolve your case.
It is increasingly common for websites with illegal content to be launched en masse. Such websites can include copyrighted material or offensive content, or involve an improper use of texts, images, and videos, among other elements. In these cases, it is necessary to instigate measures that will cause the websites to be deactivated. Depending on the level of the infringement committed, our experts contact domain owners directly with a letter of formal notice or in an attempt to lead them into giving up on the domain and shutting down the website immediately.
In cases where an amicable agreement cannot be reached, we proceed with a formal complaint through the relevant authorities, causing the respective websites and domains to be forced into closing down.
At Inventa, we understand that requirements can vary a lot depending on the situation. We will be happy to advise you on the best route to meet your business requirements and come up with a strategy to provide you with a healthy and stable online presence.
If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.Schedule Conference Call
When is a domain dispute justified?
Increasingly, domains are becoming a commercial weapon for companies, because they allow trademarks to be identified, promoting the busines within the market and to customers. As it turns out, this is precisely why other companies, or individuals, frequently register domains featuring names of well-known trademarks. They aim to either defame them or, most commonly, expect to be able to sell the domains at much higher prices than they were originally bought for. This is known as cybersquatting; an unfair and illegal practice that makes a domain dispute necessary.
Unfortunately, it’s not yet possible to ensure a domain registration screening to protect you in these situations. This means that it’s necessary to resort to amicable negotiation processes or judicial conciliation schemes in order to eliminate the improper use of trademarks or company names when occurred.
How can I dispute a domain?
If you need to dispute a domain, we recommend that you directly contact Inventa so that we can analyze your case, verify the viability of the dispute, and move forward with the necessary procedures. In a domain dispute, our team will take full responsibility for contacting and negotiating with the owner of the registration, as well as with the relevant authorities and the sector’s regulatory bodies. This process does not take too long to complete.
Does a domain dispute involve a big financial outlay?
The amount to be invested in a domain dispute depends on two criteria: the number of domains and the number of entities involved in the dispute. In any case, Inventa will always aim to make the process as profitable as possible. As such, we will provide you with all the necessary advice to reduce your financial outlay to a minimum.
How can Inventa help me with this process?
In a domain dispute situation, our aim is to ensure that our clients are directly involved as little as possible. Our team takes over all responsibility for the entire process, which involves:
Domain use investigation
Direct contact with offenders
If necessary, contact with the relevant authorities (judicial or extrajudicial)
Management and monitoring of the entire process
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