Can I Recover a Lost Domain Name for My Business?

Can I recover a lost domain name for my business? As a domain name lawyer, I hear this kind of question all the time from small businesses to large companies, from Internet startup companies and venture backed capital companies all the way on up to companies that are doing hundreds of millions of dollars in revenue per year. Companies and businesses, startups lose their domain names all the time, and it's not something that you want to happen to you or your company or business.

Play: Can I Recover a Lost Domain Name for My Business?
(click title to listen)

With: Enrico Schaefer

Sponsored by: Traverse Domain Name Law

---

Read Show Transcript

Publish to My Site

Share on My Networks

---

powered by Vertio.net

Reverse Domain Name Hijacking

When you file a WIPO or NAF UDRP proceeding, you need to make sure you know what you're doing as the trademark holder or complainant.  Just because you want a domain which someone won't sell to you, does not mean you can file a Uniform Domain-Name Dispute-Resolution Policy (UDRP) arbitration to seek a forceful transfer of that domain name to your possession from the registrar.

Report Domain Theft: The First Stolen Domain Name Database on the Internet

Domain Theft and Stolen Domain Name Update:

Domain theft has been around since the first domain names were registered at the very beginning of the internet.  A domain name can be stolen in a variety of ways.  A domain thief can hack into your email or registrant account and simply take control of the domain name at the registrar level.  An employee, web developer, partner or other person with access to your domain registrant account can simply take control of the domain and move it to their own account.  As an internet lawyer specializing in cyberlaw, I hear about domain theft just about every day. 

Morgan Linton recently launched domaintheft.org, the first internet website where users can upload stolen domain names into a common database, and anyone can search that database to see whether a particular domain name has been reported as stolen.  While domain theft continues to cost companies millions of dollars per year, domaintheft.org is a significant step forward in domain name protection.

If your domain name has been stolen or you are a victim of domain theft, you should enter it into the domaintheft.org database and give one of our internet law attorneys a call.  We can help you understand your options and the cost of getting your domain name back. 

Domain Name Dispute & Arbitration Resources | Domain Theft Help

 

Domain Name Dispute and Arbitration Resources

Here is a list of resources for both complainants and respondents facing domain name disputes, cybersquatting and domain theft:

When Your Web Developer or Host Holds Your Domain Name Hostage

Our domain name dispute lawyers are contacted regularly by companies who have a falling out with their web developer and thereafter realize that the web developer has registered the domain name listing the web developer as registrant.  When the domain name is trademarked protected, this presents a number of issues for both the web developer and the trademark holder. 

If you have a domain theft issue, you may contact one of our domain dispute attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Domain Name Wire has great post and commentary concerning the problems presented when companies allow the web developer or host to control the domain registration.

Celebrity Cybersquatting: Why Don't Famous People Protect Their Domain Names?

Celebrity cybersquatting is becoming increasingly important.  Traverse Legal's cybersquatting attorneys work with celebrities and their agencies to provide global online name and brand protection.  If you are a celebrity, or agent working on behalf of a celebrity, who is trying to protect a celebrity name in cyberspace, feel free to contact one of our domain dispute attorneys for a free evaluation or call 866.936.7447 (international toll free).

Cybersquatter offering threesome with Scarlett Johansson! | Latest News

The seemingly fake website isn”t so much of a surprise as the domain that it sits on – scarlettjohansson.com.

While the website has an offer that’’s hard to believe, it’’s even more incredible that the actress could so easily fall prey to a cybersquatter.

For over a decade, Hollywood stars have been the target of cybersquatters – people who buy famous-sounding web domains in hope of benefiting from related publicity.

Web domains including madonna.com, juliaroberts.com and piercebrosnan.com have all appeared in cybersquatting cases before the web’’s governing UN body the World Intellectual Property Organisation (WIPO). (ANI)

Technorati Tags: Scarlett Johansson, domain name, cybersquatting

If ICANN’s Domains Can Be Hacked, Then Your Domain Names Can Be Hacked

We get calls from companies all of the time indicating that they have lost control of their domain names.  Some companies have their registrant login information or email accounts hacked, providing the domain name thief direct access to the registrant account at the registrar level.  Some companies make critical mistakes in protecting their domain names, allowing for serious holes in their security and domain protections systems.  Other times, registrars simply screw up.

As is being reported at the domain name news, ICANN lost control of its valuable domain names as a result of a attack on the domain registrar register.com:  The full story is being reported in the New York Times in the article "ICANN Blames June Site Hijack on Registrar."   

How to Retrieve a Stolen Domain Name

In this previous post, we discussed the increase in domain theft and stolen domain names.  Companies losing control of their domains face serious consequences, especially those who have an e-commerce component to their site.  Stolen domain names are becoming more frequent.  While the best approach is to prevent domain theft, many clients contact a lawyer only after the domain dispute has reached crisis level.  

Attorney Enrico Schaefer: "Traverse Legal's attorneys know how domain names are lost to partners, employees, web hosts and thrid-parties.  We also know how to cost-effectively retrieve stolen domain names which are critical to your business.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals."

If you need assistance reclaiming a stolen domain name you may contact one of our attorneys for a no-risk evaluation or call 866.936.7447 (International Toll Free).

Recovering a stolen domain name typically involves several steps.  The first is to establish either contract or trademark rights in the domain.  If the company can establish that the domain name is protected by their trademark, a good domain name lawyer can leverage that trademark against any other third-party registrant.  Only the trademark holder is allowed to register a protected domain name.

In this previous post, we discussed the increase in domain theft and stolen domain names.  Companies losing control of their domains face serious consequences, especially those who have an e-commerce component to their site.  Stolen domain names are becoming more frequent.  While the best approach is to prevent domain theft, many clients contact a lawyer only after the domain dispute has reached crisis level.  

Attorney Enrico Schaefer: "Traverse Legal's attorneys know how domain names are lost to partners, employees, web hosts and thrid-parties.  We also know how to cost-effectively retrieve stolen domain names which are critical to your business.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals."

If you need assistance reclaiming a stolen domain name you may contact one of our attorneys for a no-risk evaluation or call 866.936.7447 (International Toll Free).

Recovering a stolen domain name typically involves several steps.  The first is to establish either contract or trademark rights in the domain.  If the company can establish that the domain name is protected by their trademark, a good domain name lawyer can leverage that trademark against any other third-party registrant.  Only the trademark holder is allowed to register a protected domain name.

Domain Name Theft Incidents Continue to Increase

Domain name theft presents a distinct problem from cybersquatting.  Cybersquatting is the registration or use of your trademarks and service marks by third-party registrants of infringing domains.  Domain name theft occurs when you lose control of your domain registration and domain registrant status.

Domain theft typically occurs as a result of a company’s failure to lock down or control the registrant log in information at the registrar level. Domain names are stolen in a variety of ways but typically occur when an employee, partner or web developer take control of the registrant log in information.  Each is discussed briefly below.

Enom's Bogus Trademark Enforcement & Domain Theft

Most clients come to us because an employee, partner or other insider has stolen their domain name.  Essentially, the insider takes control of the registrant login information and, thus, controls the use of the domain name and the DNS.  Stolen domain names can occur in a variety of ways. 

YourReview.us has reported that Enom, the domain name registration company, has justified the seizing of their own registrants names, with unsupportable claims of trademark violation. 

Is Enom Guilty of Stealing Domain Names?

Our Internet lawyers hear the words "Someone stole my domain name" almost everyday.  Stolen domain names are becoming increasingly common as hackers, thieves, ex-employees and even registrars engage in domain name theft.  There are many things you can do to prevent someone from stealing your domain name.  Our Internet lawyers specialize in domain theft and cybersquatting matters. 

Traverse Legal has been following the Enom domain theft matter very closely.   You can find a recent post concerning this issue here. Here is another instance of Enom’s alleged domain theft from its own registrant customers based on erroneous trademark claims.

Domain Name Lawyer | Cybersquatting Lawyer

Domain names can be valuable property to your company or business. If your domain name was stolen today, what impact would that have on your business?   What if you woke up tomorrow and your web site had been converted to a pornography or link site?  Now ask yourself what safeguards you have in place to protect your domain name.

Just because you have registered your domain name does not mean that it is protected.  There are dozens of ways that third parties can steal your domain without your permission or knowledge. Our domain name lawyers/cybersquatting lawyers get calls and emails every day from companies whose domain names are lost through domain registrant administrative oversight, loss of key employees, domain registrant password theft, domain hacking and cyber-piracy.

Our Domain Name Protection Services:

Domain Name Security Audit: Our domain name lawyers will review your domain registration at the registrar and domain host levels. By conducting a thorough domain name registration and technology audit, our domain name and cybersquatting lawyers can ensure that you domain name is protected and secure from theft, before something bad happens.

Domain Name Trademark Program: Our domain name lawyers will register your brand, company name and/or domain name as a trademark with the USPTO. By registering the words which comprise your domain name as a trademark, you will obtain the leverage you need to stop infringement and protect your domain name.

Victims of Domain Name Theft or Cybersquatting:  If you are a domain name or trademark owner who has been victimized by a cybersquatter or domain thief, our cybersquatting lawyers can prepare and file a complaint with WIPO or NAF under the Uniform Domain Name Dispute Resolution Policy (UDRP).  Under the UDRP, domain registrars can be ordered to transfer domain names away from cybersquatters and into the name of their rightful owners. Our attorneys can help get you domain back under your control. 

If you don't protect your domain names, who will? Contact a domain name lawyer today. 

Domain Name Hijacking Scam: Beyond Cybersquatting

Are your search engine rankings still yours? Other people might hijack your search engine rankings and they might steal your web site visitors. The worst thing is that you might not even notice it. As if the dangers of cybersquatting, typosquatting and domain theft weren't enough, hackers are also after your valuable trademarks and web traffic.

Are domain names property?

The issue often arises: “Are domain names property?” There is a variety of case law nationally which has attempted to address this issue, and there is no clear consensus. Clearly, domain names are not property in the sense of your computer equipment, in fact, you don’t really own your domain name, but simply rent it in a sense from the registrar.

Sex.Com Domain Theft: The Most Famous Stolen Domain Name in History

Here are some links to one of the most famous domain theft case to date, www.sex.com .