How to deal with cybersquatting

Started by eetplus, Nov 28, 2022, 03:31 AM

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eetplusTopic starter

It all started innocuously enough. A partner approached us (a law firm) with the following question: there is an LLL domain in .com, which is registered to a legal entity and is periodically renewed. The nuance is that this legal entity has already been liquidated.
It is also important that our partner had a registered trademark "LLL"  and conducted relevant commercial activities.

After considering all the solutions, we settled on this: we write a letter to the registrar:

1. Application for termination of the rights of administration of the LLL  domain name .com by the previous owner.

2. Since we are the copyright holder of the trademark "LLL", which is similar to the degree of displacement, we declare the priority registration of the domain".

The plan was this: the registrar says OK and re-registers. Unlikely.
The second option: the registrar ignores the letter or responds with a refusal. Then we go to court and win there, because all the arguments are on hand.

It turned out that there is a third one.
The Registrar accepted the argument about the liquidation of the legal entity - administrator, but ignored the "service order" contained in the same letter.

"Domain name registration is carried out by the Contractor upon receipt of a service order from the Customer, ready for execution in accordance with Appendix 4"

As a result,  at seven in the morning, the previous registration of the LLL domain name.com has been cancelled. At 7:01, the domain was already registered for a PRIVATE PERSON by a new registrar.

Looking ahead, I will say: we have won all the courts. The right to the LLL domain.com is recognized by our partner. But, in fact, the domain has not yet been transferred.
 Cybersquater uses procedural subtleties to delay the process and in every possible way evades the execution of the court decision.
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Charlesth

There is practice in Kazakhstan. If there is a registered trademark, but at the same time a similar domain has already been registered in the kz zone by a third party, then the trademark owner has the right to file an application to the court to cancel the registration of this domain in the kz zone.
There have already been such processes. Another thing is that it is quite difficult to prove all this. It is necessary to carry out various examinations, even research by conducting a survey among the population.
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