Protecting Your Domain Name From Internet Thieves, Employees & Ex-Partners

April 17th, 2008

URL theft by a partner or co-owner: We receive calls every week from companies who essentially tell us that an ex-partner or company owner has taken control of their domain registrations and that the now-ex-partner refuses to release the stolen name to the company. Perhaps the name was registered initially in one partner’s name. In some cases, that business owner redirects the domain to another website, essentially putting the online business out of business. More often, the business owner demands some sort or money or other consideration in exchange for the domain name. Essentially, they use the URL as leverage to obtain something they couldn’t achieve in the context of the partnership. This is perhaps the most common example of domain name theft. Domain names stolen in this fashion account for about 25% of the calls and emails we receive in the domain theft area.

URLTheft by Employees: Unfortunately, corporate management is rarely involved in the registration process of their domain names. Registration of domains is often handled by the IT department, and even delegated to lower level web site employees. Because of the high turnover rate at that level, the employee with access to the domain registrant login information ends up leaving the company, taking that information with them. Again, if there is a dispute with the employee, it often turns into a domain name dispute after termination. Once the domain registrant information is stolen, it can be difficult to retrieve.

URL Theft by Vendors: Sometimes, a technology vendor or web site developer uses their own information to register your companies domain name, even going so far as to list their company as the registrant of your trademarks. If a billing dispute arises down the line, the web developer uses the URL as leverage to get paid. Even more common, the web vendor goes out of business and the company doesn’t realize that they have no way of obtaining control of the domain name or even renewing the domain name at the end of the registration period. If a domain name is stolen by the web developer or vendor, you could be in big trouble if the vendor’s company folds, the web developer moves away or you become the target of cyber-extortion.

The words “someone stole my domain name” are words said far too often in our business. Companies must take their intellectual property rights more seriously and protect their intangible assets like they do other tangible property. An ounce of prevention is really worth a pound of cure. Control your registrant login and you will control your domain name from theft.

Mr. Schaefer is a seasoned trial attorney practicing internet, domain and trademark law on a global basis. Mr. Schaefer has first chair trial experience in a wide variety of litigation matters, including class action litigation, internet and domain law, cybersquatting actions, intellectual property, commercial and fiduciary litigation, UDRP and IP licensing. He has represented some of the largest companies in the world in litigation, domain name, trademark and related matters. He is a frequent author and presenter on issues related to protecting business interests in a global internet economy.

To find out more about trademark protection, copyright law, cybersquatting and complex litigation, please visit Traverse Legal, PLC or visit our domain name protection blog or cybersquatting blog

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Cybersquatting Arbitration: Restoring Domain Name Urls

April 17th, 2008

After you have filed a UDRP complaint under ICANN and a panel has ordered a transfer of the stolen domain name, you may think that your work is finished. However, rarely does everything automatically fall into place and, more often than not, there is still work that needs to be done.

Under the domain name dispute policy, more specifically UDRP Policy Paragraph 4(K), it states that the registrar is required to implement the Panel’s decision 10 (ten) business days after it receives notification of the decision from the dispute resolution service provider, except if the registrar receives information from the domain name registrant (Respondent) in that 10-day period that it is challenging.

Here are some steps cybersquatting lawyers use to ensure that the stolen domain name is transferred back to you:

* Establish an account for the domain name

* Ensure the registrar updates the domain name servers (DNS)

* Ensure the registrar provides you with an Authorization Code so that you can initiate the transfer of the registrar and modify the contact information

* Initiate a request for the transfer of registrar using the Authorization Code

o Note: most registrars have an automated process that requires confirmation from the Admin-C contact on the account.

* Ensure the registrar updates the WHOIS database for the domain name to include your information for the Admin/Technical/Billing contact.

There are many things that can be done if you find yourself a victim of domain name theft, and emerging victorious from a cybersquatting case is key. However, simply winning the arbitration is oftentimes not enough to ensure that your domain name is transferred back to you. If you want to ensure that your domain name transfer process goes smoothly once you have finished the arbitration it may require experienced cybersquatting lawyers to get the domain name back for you. This involves working with your IT person and the registrar, both new and old, to ensure the cybersquatting Panel’s decision is implemented.

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