Expertise > Enforce

Domain Name Disputes

Your domain name is important to your business' success. Just as you should enforce your rights in your trade mark, so you should enforce your rights to a domain name.

Rights in a domain name

It is a misconception, to think that nothing can be done about a registered domain name using your brand or trade mark. A domain name registration can be challenged by anyone claiming to have rights to it.

Enforcing your rights

Whether it is a cybersquatter or someone trying to trade on your business' goodwill and reputation, you can seek to enforce your rights in a domain name registered by a third party.

If the third party registrant has no rights or legitimate interest in the disputed domain name, and has registered the disputed domain name unfairly or in bad faith, you may be able to have the registration transferred to you or have it cancelled.

What we can do for you

At James & Wells, our Litigation team can:

• Notify others of your rights in a domain name
• Negotiate recovery of a domain name
• Lodge a complaint under the New Zealand Dispute Resolution Service Policy [link] for .nz domain names
• Lodge a complaint under the Uniform Dispute Resolution Procedure [link] for .com, .net and other global domain names
• File court proceedings, if necessary, based on trade mark infringement and/or breach of the Fair Trading Act 1986 and/or the tort of passing off

Want more information?

For further information on resolving a domain name dispute, see our information page on Domain Names.