Make It Brandable Not Generic
Creative, memorable domain names are always better than generic ones. After all, your domain name is how people will find, remember, and spread the word about your business on the internet. Its much better to have something that aligns with your brand instead of a domain name thats made up of a bunch of general keywords.
For example, can you tell the difference between cheapcarinsurance.com and affordableautoinsurance.com? Which one would you trust when it comes to buying insurance? Probably neither. Both sound a little spammy, and theyre terribly generic.
On the other hand, youll probably know where the domain names progressive.com or geico.com are going to point you to. Those companies have invested in their brands, and theyve used them in their domain names. You can trust that these sites are legitimate.
Even if you havent built up trust and loyalty yet, you can start by choosing a strong domain name that fits your brand.
What Should We Do If Someone Is Using A Similar Domain Name To Abuse Our Business
If you’re very unlucky, a disgruntled customer or employee might set up a website to abuse your company. Larger companies tend to suffer from this kind of attack most often.
Typically, the customer registers a domain name containing the company name and a derogatory word, like companynamesucks.com.
If this happens to you, it may be possible to take action. For example, you could take court action if they have libelled your business. This will involve costs, and may generate additional publicity.
In many cases, your best course might simply be to ignore their activities.
Someone Registered My Name As A Domain Name: What Are My Options
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Domain names can be a big deal, defining a brand or entire company. Yet someone can register your name as a domain name for as little as $8 to $15 on a first-come, first-served basis.
If someone registered you or your businesss name as a domain name, you have three primary options available to acquire the domain:
- Reach out to the cybersquatter or cyberpirate and try to informally resolve the domain name dispute,
- File a lawsuit based on cybersquatting laws to obtain the domain, or
- File a complaint with the World Intellectual Property Organization using the Uniform Domain-Name Dispute-Resolution Policy process.
Below, we examine each of these methods in greater detail and discuss the process of using them. We also address related issues that commonly arise in domain name disputes, such as allegations of trademark infringement.
Before tackling the above, the first step you must take is to confirm that a particular domain name has been registered.
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Identify The Domain Name Registrant
Most websites have publicly viewable domain name registration information that can be used to contact the domain names owner. If this information is not available, you can search WHOis.net using their Whois lookup tool to find the necessary contact or registrant information.
Oftentimes, domain name owners hide their personal information or register the domain under another name to remain anonymous. Some domain name registrars offer a proxy service that provides anonymity when someone purchases a domain name service package.
When a domain is registered by an individual trying to maintain his or her anonymity, they will typically use a generic contact email address, like 1234respectmyprivacy@WHOISguard.com. This type of email address is usually a working email and can provide an extra layer of privacy for registrants by sending an automated, generic contact form to you after you email that address.
Your emails will still be forwarded to the real person who registered the domain name. This is similar to responding to a Craigslist ad and starting a back and forth email conversation. Both of you will receive the messages at your real email address. However, the other party will only see the anonymized email address.
Filing a Lawsuit to Identify the Domain Name Registrant
Issuing a subpoena to a domain registrar through the discovery process of litigation is one of the most reliable methods for identifying a domain name registrant in a civil case involving cybersquatting.
Take Advantage Of Domain Locking
When you purchased your domain, the registrar most likely made you aware of a security enhancement called domain locking. It might have even been enabled on your account by default.
Domain locking stops unauthorized transfer of your domain name to another registrar, and its a very popular method of ensuring domain name security.
Once your domain is locked, it will be almost impossible for the thieves to redirect your nameservers or transfer your domain name.
Locking your domain will also prevent you from accidentally making a configuration change that takes your site offline or negatively impacts your hosting companys ability to provide service. Those sorts of changes would require you to temporarily unlock your domain.
With authorization from you, your registrar will unlock the domain when you need to make changes, and then it can be returned to locked status.
You should contact your registrar to verify that your domain is locked. If its not, lock it. Thats one of the best ways available for domain owners to keep their domain safe from unauthorized access.
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Where To Buy A Domain Thats Taken
From a branding and marketing perspective, its especially important to choose the right domain name for your website. For many people, its a truly personal decision. The domain just has to feel right and you dont want to settle for an alternative.
If this is the case in your search for the perfect domain, take heart. You might be able to buy your ideal domain name in the domain aftermarket. You can find most of the domain names from the aftermarket listed directly on auctions.godaddy.com.
If your dream domain isnt listed on the aftermarket, you can attempt to buy it directly from its current owner. However, youll want to keep a few things in mind before you take the plunge and contact the domains owner, namely budget and timing.
Set your budget
Its important to think about the budget you have for acquiring the domain. Put yourself in the other domain owners shoes for a minute. They spent time and money to get the domain, and they might be actively using it. Offering them $10 or even $100 probably wont even get you a response.
Think about what the domain name is worth, and be prepared to make a fair offer.
Editors note: Need help determining the value of the domain? As the largest reseller of aftermarket domain names, GoDaddy has access to extensive data that we use to analyze millions of historical domain sales. Try GoDaddy Domain Appraisals to determine the value of the domain so you can make an educated offer.
Give yourself enough time
Can Someone Claim My Domain Name
If you have a domain name, its important to protect it. You can do this by registering the domain name with a domain name registrar, and setting up a DNS record that points to your registrar. You can also set up a security protocol, such as using a password protect your registrar account, and encrypt your registrar account information.
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Availability Of State Law Claims For Trademark Violations
Some states have also drafted their own cybersquatting laws. For example, California has California Prof. Bus. Code § 17525. This trademark law better protects the victims of cybersquatting for two main reasons.
First, Californias cybersquatting statute does not have an intent-to-profit requirement. Recall that under federal law, the plaintiff must show that the person who registered the domain had the intent to profit at the time of registration.
Proving this intent is straightforward when the cybersquatter reaches out to the victim and asks them to buy the domain name. But most cybersquatters do not do this. Instead, they acquire the domain and wait for the victim to approach them.
When this happens, the plaintiff has trouble proving that the cybersquatter intended to profit from the domain name at the time of registration. Without the cybersquatter reaching out first, there is often no evidence available to meet the intent-to-profit requirement.
Second, Californias cybersquatting law does not distinguish domain name legal disputes involving marks and individual names.
Californias law is similar to the ACPA in that it utilizes the same nine factors in defining bad faith. But it also adds one more factor to cover situations when the domain name is used to deceive voters on election matters. Californias law also provides First Amendment safeguards.
Your Domain Name Should Be Easy To Remember
You want to make sure that your domain name is easy to remember. But what exactly does that mean?
Basically, the more items you ask someone to remember, the harder it is for them to do that.
When it comes to domain names, every word and symbol is a separate item, which is something to keep in mind when you are considering various options.
For example, www.luciddreaming.com is easier to remember than www.world-of-lucid-dreaming.com .
Try to keep your domain short, avoid using symbols, and get a well-known extension.
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Keep Your Domain Name And Website Up And Running
Domain names play a crucial on the virtual marketplace. Choosing a creative domain name is a time-consuming and important aspect of giving your business the tools to thrive. Such an investment is essential for success, which is why a domain name expiration can be a demoralizing and business-crippling issue, that is only made worse if a competitor manages to snatch up your domain name. All the time and effort spent on building that brand and linking it to the domain name might be all for naught.
The best way to prevent this issue is to do everything in your power to prevent such a disaster from occurring in the first place. This includes regularly checking your email and spam folders for renewal notices, setting personal alerts of expiration, always ensuring that your domains billing info is up to date, and setting your account to auto-renew. If you take the right steps, you can save yourself a serious headache, so, do not be anything less than proactive when it comes to one of your domain names possibly expiring. With the right infrastructure in place, this should never be an issue!
Domain.com has the tools you need to continue building your business into a success.
Kristin Crabb
Content Marketing Strategist working in the digital marketing industry. Skilled in SEO-focused content creation, keyword research and competitive analysis, interactive content, web content optimization, and landing page creation.
Someone Already Has My Domain
Ok so it is too late no what. Follow these steps:
Using the ICANN Procedure
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Domain Names And Trademarks
A registered domain name and a registered trademark may look similar at first glance, but they are very different. Legal disputes and conflicts can often arise as a result of the confusion between domain names and trademarks. Domain names do not carry legal rights. Put simply, trademarks mean you can take legal action if someone infringes your rights, whereas domain names do not.
Register your trademark
Costs For A Udrp Dispute Proceeding
Fees for the arbitration panel generally range between $1,500 to $4,500, depending on the number of panelists and domain names involved. These fees are in addition to any legal fees paid to the attorneys.
Legal fees will vary, depending not just on the time and effort put into the case, but also on the attorneys billable rates.
By way of example, Minc Law attorneys charge between $250 and $600 per hour, and our paralegals and law clerks bill $100 to $150 an hour.
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How To Find Out If A Domain Name Is Available
Many domain name registrars, such as GoDaddy and Namecheap, allow users to conduct a quick search for specific domain names. This makes it extremely easy to find out if a domain name has already been registered. Those curious can also type a domain name into a search engine or web browsers address bar.
Registered domain names can take several forms. One form is a domain name that corresponds to a fully functional website and is being used for the website owners legitimate business or personal purposes. Another form is a registered domain name that is not actively being used. Rather, it is attached to an empty website with a note stating that the domain name is available for sale.
Sometimes a third party broker is used to facilitate the negotiating process before purchase. Other times you can purchase the domain name directly from the registrar.
Buy The Domain Name Infringing On Your Trademark
The simple solution is to buy back the domain name. Everything has a price and a domain owner will most likely be willing to let go of a name if the price is right. Depending on how much you are willing to spend this could be the easiest way to get your domain.
However, if your brand is notable a seller may be less willing to sell or attempt to inflate the price. In order to avoid this, its best to keep your identity anonymous. Our domain concierge service can help you through the entire process from contacting the seller and negotiating the deal on your behalf.
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What Happens When A Domain Expires
There are a variety of steps that will occur during a domain name expiration:
Step 1:
Domain expiration alerts: Prior to domain name registration expiration, Domain.com will begin sending reminders to you via email. At least two alerts will be sent before expiration, and one within five days of expiration.
Step 2:
Domain name registration expires: If the domain has not been renewed by the owner prior to the expiry date, the domains status will be changed to what is called a Renewal Grace Period. Under this status, you can still renew the domain name without incurring additional fees for a grace period of thirty days. As early as one day after expiration, your domain name will be deactivated and replaced with a parking page indicating the domain name has expired, and other services you have associated with the domain name may no longer function.
Step 3:
Renewal grace period ends: Once this period ends, the expired domain names status is changed to Registrar Hold. During this thirty-day period, the original domain owner may pay a redemption fee as well as the renewal fee.
Step 4:
Step 4b:
Step 5:
Step 6:
End of registry grace period: If this grace period ends without the domain name being renewed, it will then be put under the status of pending delete. If no actions of restoration occur on the part of the original owner, registry or registrar, the domain will eventually be deleted. This deletion will then release that domain name back for general registration.
Domain Names Can Be Stolen Just Like Other Types Of Personal Property
Domain names, once registered, are the private property of the registrant. In other words, domain name registrants are owners of domain name property, and this property can be stolen or misappropriated just like any other type of property.
We can take rapid legal action to recover your stolen or hijacked domain names.
Kronenberger Rosenfeld has represented parties in multiple types of domain theft cases, and we have taken legal action both against domain name thieves and against registrars that were either complicit or negligent. We have also litigated various types of partnership disputes involving domain names.
Feel free to submit your domain name theft or misappropriation matter to our firm using our online case submission form or call us at , ext. 120.
REPRESENTATIVE EXPERIENCE
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Stick With Your First Choice
Stuck on your favourite name? These may be your only options for landing it. It might not be possible, but it’s worth a shot.
Try to buy it You can always offer to purchase the name you want from the current owner. If the WHOIS information is public, you can reach out to the domain owner directly and see if they’re interested in selling. If the info is private, you can see if they have contact information listed on their website. Keep in mind: It’s pretty unlikely the owner will want to sell, or they may demand a steep price.
Legal action If you own the trademark to the name used in the domain, you may have an option to take legal action to claim the domain name. This generally applies only if someone is offering goods or services similar to yours, and if they began using the name after you. The first thing to do if you believe your trademark is being infringed upon is to discuss the issue with your lawyer or legal team.