Wednesday, 21 February 2018

What disputes can take place with Domain Name during Domain Registration?

There are various Domain Name disputes have been noted during top domain registration company. The common issue for the dispute is that if someone has made a Domain Registration which is very similar to yours or is the same name as you have chosen, what is to be done by you. Whether you are entitled to the Domain Name transfer or not can be determined by analysing the specific case. Here a few common key factors are being discussed for giving a hint about the Domain Name Dispute.

Whether the Domain Name had been registered before your registration:


You need to verify whether the domain name registration services with your Domain Name had been already done by somebody else. If it is found that it has already been registered by some other party then it will be a difficult case for you. This will be all the more difficult if the Domain is having an extension of .com or .org or .net. It will be needed to prove that not only the Domain has been used in bad faith, but also the Domain Registration had been made in bad faith.

Whether a Registered Trade Mark is owned by either party?


If any party owns the registered trademark which is very identical to the domain name excluding the extension of TLD like .com or .co.uk, it will like having the ace of the card. It will vastly improve the chances of the success of the individual. However, if a cybercrime has this registered trademark with him, your chance of success will be lower though you have completed the cheapest domain registration.

Whether the Domain Name is of generic nature:


If the Domain Name in contention is of generic nature, it will be all the more difficult for you to establish the entitlement. However, if the Domain Name is of proprietary nature, it will be an easier case. Though it is a very difficult case of having to fight with a generic domain name registration case similar to yours, it is not impossible to fight such case. Here, you need to convince the adjudicator that the generic Domain Name has by chance became synonymous with your Domain Name.

Whether a well-known brand is included in the Domain Name:


If the Domain Registration which has been made by you represents a brand which is very well known, you will definitely have the upper hand. It will be checked whether the registrant was trying to trade off the goodwill acquired by you, or it happened by chance without knowing that you have a similar Domain Name with you.

Whether the Domain Name you have includes the name of a celebrity:


If the Domain Name in contention is being used by another person has a name of celebrity the same as yours, you stand a very good chance of getting the Domain Name transferred to you.

It is important to prove bad faith:


Whether you go through the court for resolving the dispute of Domain Registration with the same Domain Name by another party, the key factor which will count in your favour is your ability to prove that the Domain Registration was made in “bad faith” by the registrant. You must remember that with the more classified Domain extension such as the .com, org or .net, your task is more difficult. Here, you need to substantiate the ‘bad faith’ both for domain name registration services as well as for the use of the name being made. What disputes can take place with Domain Name during Domain Registration


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