Dealing with cybersquatting

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

Previous topic - Next topic

eetplusTopic starter

Our law firm was approached by a partner with a question about an LLL domain registered to a legal entity that had already been liquidated. Our partner had a trademark and conducted relevant commercial activities. After considering solutions, we decided to write a letter to the registrar requesting termination of the previous owner's rights and declaring our priority registration as the copyright holder of the similar trademark "LLL".

The plan was to have the registrar re-register the domain or go to court if necessary. However, the registrar accepted the argument about the liquidation of the legal entity but ignored the service order in the same letter. As a result, the previous registration was cancelled and the domain was registered by a new registrar for a private person. We won all the courts, but the cybersquatter delay the process and evade the execution of the court decision.


In Kazakhstan, there is a practice where the owner of a registered trademark has the right to file a court application to cancel the registration of a similar domain in the kz zone if it's been registered by a third party. However, it can be difficult to prove, and various examinations and research, including surveys among the population, may be required. There have already been instances where such processes have taken place.


One way unscrupulous competitors may harm your business is through "cybersquatting," where they register domain names identical or similar to your brand name for resale or unfair use. This can include copying intellectual property without it being registered, leading to confusion among consumers. They may also offer to sell you the seized domain name or place related content on it to steal customers.
The only way to protect your verbal trademark, brand name, or commercial designation is by registering it with the proper authorities. This will allow you to file claims against those using a designation similar to your trademark in a domain, canceling registration and serving compensation. Numerous successful court cases have set a precedent for the legal protection of intellectual property in this context.


Dealing with cybersquatters can be a complex and frustrating process. It seems that you have already taken some important steps, such as winning all the court cases. However, if the cybersquatter is evading the execution of the court decision, you may need to seek further legal action.

One option you could consider is reaching out to law enforcement agencies or organizations specializing in cybercrime, as they may be able to assist in enforcing the court decision. Additionally, you may want to consult with your legal team to explore other possible legal remedies or strategies to ensure that the cybersquatter complies with the court's decision.

1. Consult with a legal professional: Given the complexity and unique circumstances of your case, it would be wise to seek advice from a lawyer experienced in intellectual property and cybersquatting issues.

2. Gather evidence: Make sure you have sufficient evidence of your ownership of the trademark, your priority rights to the domain, and any commercial activities associated with the trademark. Documenting this information will strengthen your case.

3. Consider negotiation: Before resorting to legal action, you may want to explore the possibility of negotiating with the current domain owner. Sometimes, reaching a settlement agreement can be quicker and less costly than going to court.

4. File a UDRP complaint or take legal action: If negotiation fails or is not possible, you might consider filing a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint or initiating legal proceedings against the cybersquatter. A UDRP complaint is a non-court process that can be used to resolve domain name disputes. Legal action, on the other hand, would involve going to court to enforce your rights.

5. Enforce the court decision: Once you've obtained a favorable court judgment, you may need to take additional legal steps to enforce it. This could involve seeking further assistance from the court in collecting damages or enforcing the transfer of the domain name.