How to Solve Domain Name Disputes
Domain name disputes result from the increased importance of the Internet in everyday business. People increasingly appreciate the need for a strong Internet presence and unique website.
Domain name disputes result from the increased importance of the Internet in everyday business. People increasingly appreciate the need for a strong Internet presence and unique website. The website can act like the online office premises of a business where meetings can be held through web-conferencing or where promotion of the products and services that a website deals with can be made, as well as the transactions themselves.
There are, however, people who intentionally or unintentionally cause problems for businesses by registering domain names that are likely to lead to confusion among the customers. This can happen through domain squatting. Domain squatting is when a person registers a domain name that is related to your business but they have no intention of using it. This differs from domain parking where a person registers a domain with the intention of using it in the future. In most instances, domain parking will not lead to domain name disputes as the site will be registered in a genuine business name. Those running the squatting sites may want you to contact them in order to purchase the domain at a relatively higher price than it should cost.
Domain squatting may result from people who want to take advantage of search engine traffic that arises from commonly-searched phrases. They will therefore promote their site so that it always appears prominently in the search engine results. Once the traffic reaches their site, they will direct it to another page, usually advertising-related, that will generate income for them.
This form of activity is generally not illegal unless if affects a trademark in your business name. It may, however, hurt your brand image. As such, this may lead to domain name disputes, especially if your pleas to have the other party change their domain name falls on deaf ears. There might also be need for domain litigation lawyers if the case proceeds to court.
You may need a lawyer because the process of proving that a person registered a domain name fraudulently is difficult. For instance, if the domain theft case involves a personal name, it might be difficult to prove the other party was acting in bad faith. This is due to the fact that many people share similar names.
Domain name disputes arise when the other party is using their site to damage your reputation. For instance, Google gives preference to websites that form an entire search phrase. Therefore, a search for your name will give the site registered with your name a higher rank in the search results. If the site damages your reputation, then this might be grounds to pursue domain litigation.
You can handle domain theft by hiring a reputation management company or by registering domains with your brand names early to ensure that they do not fall into the wrong hands. You can also file a complaint with the International Corporation for Assigned Names and Numbers (ICANN). Domain litigation should be a last resort if all these other avenues fail to work.
About the Author
Michael Klemchuk is the author of this article on Domain Name Litigation. Find more information, about Domain Name Disputes here
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