How to Legally Dispute a Domain Name

Step-by-Step Guide

1. 1

   Step 1: Find the domain-name registrant using “WHOIS Lookup.” Before you can legally challenge someone for owning a domain name

   This person is the “registrant.” You can find the registrant by visiting www.whois.net.At the website, type in the web address and click enter.
   
   You will then be able to see the name of the registrant.
   
   Write down the registrant’s address, since you will need to contact him or her.
   
   If the name is protected, then you must contact the registrar with whom the domain-holder registered the name.
   
   You will then have to work with the registrar to gain access to the name of the registrant.
2. 2

   Step 2: you need to know the identity of the domain-name holder.

   You can legally challenge the domain name if it is your trademark.
   
   You can’t challenge a domain name if you would just like to have the domain for yourself.
   
   You need to have legal ownership of the trademark.
   
   You will have rights to the trademark if you were the first to use it in commerce.It is not necessary to have registered the trademark to have rights in it.
   
   Instead, you must use it to sell your goods or services.
   
   Ideally, however, you will have registered your trademark with the federal government.
   
   By registering the mark, it is easier to prove in a lawsuit that the trademark is yours.
   
   Also registering the mark is required before you can sue in federal court.
   
   If someone has registered your trademark, then you would have to bring a lawsuit to cancel the person’s trademark by showing that you were the first to use it in commerce.You should consult a lawyer if someone else has already registered your trademark. , Send this letter before suing.
   
   In the letter, you will tell the domain-name holder that you own the trademark.
   
   You also should tell the domain-name holder to stop using the domain name, otherwise you will have to bring legal action.
   
   The domain-name holder might not stop using the mark.
   
   However, he or she might sell it to you.
   
   You should consider buying the domain since doing so might be cheaper than bringing a legal challenge.
   
   Challenging the owner using arbitration can cost $1,000-2,500 in fees.A lawsuit in court would cost even more.
   
   Be sure to mail the letter certified mail, return receipt requested.
   
   Hold onto the receipt, since this is proof that the letter was received. , If the domain-name holder is open to selling you the domain, then try to negotiate a good price.
   
   You can negotiate entirely through the mail.
   
   Once the domain-name holder sends you a purchase price, you can counter-offer for a lower amount.
   
   Before negotiating, you should consider the following:
   The ideal amount you would like to pay.
   
   This is your goal, which you should negotiate toward.
   
   Look at your budget and see what you can afford.
   
   The maximum you are willing to pay.
   
   If the current domain-name holder won’t come down and meet that number, then you should break off negotiations.
   
   This is called your “walk-away” point., You want everything to be transparent, so draft a valid legal agreement for the sale of the domain name.
   
   You and the current domain-name holder should both sign it.
   
   You might also want to show it to a lawyer before giving it to the other party to sign.
   
   The domain-name holder will have to contact his or her registrar to transfer the name.You should hold off on sending payment until you get proof that the name has been transferred to you.
3. 3

   Step 3: Make sure you have trademark rights in your name.

4. 4

   Step 4: Send a cease and desist letter.

5. 5

   Step 5: Negotiate to purchase the domain name.

6. 6

   Step 6: Draft a contract if you purchase the domain name.

Detailed Guide

About the Author