Domain Name Disputes & Cybersquatting
Is a Cybersquatter Holding Your Brand Hostage?
Reclaim Your Domain with Minc Law’s Proven Cybersquatting Solutions
You’ve poured your heart into building a thriving brand, only to find that a bad actor has registered your trademark as a domain name. At Minc Law, we understand the immense frustration and bottom-line impact of cybersquatting. Our attorneys have helped countless clients swiftly recover domains and protect their hard-earned reputation.
What is Cybersquatting?
Cybersquatting is the bad faith registration of a domain name that uses the trademark or personal name of another party. The cybersquatter often seeks to profit by either:
- Selling the domain to the rightful trademark owner at an inflated price
- Using the domain to divert traffic and sales from the true owner
- Tarnishing the reputation of the brand or individual targeted
Cybersquatting can take various forms, such as:
- Registering a domain that is identical or confusingly similar to an existing trademark
- Typosquatting – registering misspellings of a well-known trademark to capture traffic
- Name-jacking – registering the name of a celebrity or public figure
- Combo-squatting – combining a trademark with other keywords in the domain
- Drop catching – quickly registering an expired domain, often with the intention to sell it or divert traffic from the rightful owner
If you are the victim of cybersquatting, you have several legal options to recover the domain.
Minc Law’s Approach to Cybersquatting Disputes
We have extensive experience in the following areas.
Case Evaluation and Strategy
We begin by conducting a detailed assessment of your situation, reviewing the domain’s registration, site content, and potential bad faith indicators. Based on our findings, we provide a customized action plan tailored to your specific needs.
Cease and Desist Letters
Often, a well-drafted cease and desist letter can persuade cybersquatters to transfer the domain without escalating to litigation. Our attorneys assert your rights and outline the consequences of non-compliance, often resulting in swift domain recovery.
UDRP Complaints
For clients seeking a quick and cost-effective solution, we file UDRP complaints with ICANN, making a strong case for domain transfer based on trademark rights and evidence of bad faith registration. This process is particularly effective for domains registered with international or anonymous parties.
ACPA Litigation
For more complex cases, Minc Law utilizes the ACPA to litigate against cybersquatters in federal court. This approach not only seeks domain transfer but also allows for statutory damages, delivering justice and deterrence in high-stakes cases.
Online Brand Protection Strategy
We don’t just fix the immediate problem – we help you prevent future attacks. Our team provides a comprehensive brand protection strategy, including domain monitoring, defensive domain registration, and trademark strengthening.
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Why Choose Minc Law?
Unmatched Expertise
We exclusively focus on defamation and reputation attacks, utilizing cutting-edge cyber investigation tools and legal strategies.
Proven Track Record of Success
We bring experience and innovation to the table, having successfully resolved thousands of cases and earned 7+-figure verdicts and settlements.
Trusted, Licensed Professionals
Our team handles each case with sensitivity, urgency, and care, ensuring that your unique needs are met with a personalized approach.
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Recent Case Studies
See our latest victories, substantial monetary damages, and public apologies for satisfied clients.
Tech Startup Reclaims Domain Held Hostage by Cybersquatter
A tech startup discovered that a former employee had registered a key domain name using the company’s trademark, hoping to sell it back at a premium. Minc Law’s attorneys quickly filed a UDRP complaint, proving bad faith registration. Within weeks, the domain was transferred back to our client, allowing them to resume operations under their brand’s rightful web address.
Fortune 500 Company Secures Domain Portfolio from Cybersquatter Network
A Fortune 500 company found itself targeted by a network of cybersquatters who registered multiple domains closely resembling its trademarked name. These domains diverted customers to unauthorized sites, causing confusion and brand erosion. We pursued legal action under the ACPA, successfully obtaining court orders to transfer all domains and preventing further misuse. This comprehensive victory protected our client’s brand reputation and ensured full control of its online presence.
Influencer Reclaims Name from Unauthorized Fan Site
An influencer was dismayed to find her name registered as a domain by an anonymous party who had filled the site with low-quality ads. Minc Law filed an ACPA lawsuit to secure her name and remove harmful content. The domain was successfully transferred, allowing the influencer to build her own brand-aligned website, free from unauthorized ads.
Real Estate Professional Defends Brand Against “Typosquatting”
A real estate agent noticed that slight misspellings of their name were being used to divert prospective clients to competitor websites. Through UDRP arbitration, we demonstrated a clear pattern of bad faith, leading to a favorable ruling that transferred all typosquatted domains to our client. This action protected their brand reputation and ensured potential clients weren’t misled by impostor sites.
Small Business Recovers Domain from International Cybersquatter
Our client, a family-owned business, discovered their trademarked name was being used in a foreign-registered domain selling counterfeit versions of their products. Minc Law’s team strategically utilized UDRP arbitration, which resolved the matter quickly and cost-effectively. We secured a domain transfer, helping our client protect their brand and safeguard consumers from counterfeit goods.
Frequently Asked Questions
Yes. Even if you haven’t registered your trademark with the U.S. Patent and Trademark Office, you may still have common law trademark rights if you’ve used the name or brand in commerce. These rights can sometimes be the basis for a UDRP complaint or ACPA lawsuit. Our team can help assess whether your brand qualifies for common law protection.
Bad faith is the intent to exploit someone else’s trademark for personal gain. Examples of bad faith include:
- Offering to sell the domain to the trademark holder at an inflated price
- Registering the domain with the intent to confuse customers and divert them to competitors
- Using the domain to tarnish the reputation of the trademark owner or spread harmful content
- Registering numerous domains with similar trademarks to profit from future resale
Proving bad faith is essential in both UDRP and ACPA cases. Minc Law’s attorneys focus in gathering evidence of bad faith to support your claim.
If the cybersquatter is located outside the U.S., the UDRP process is often the best approach, as it doesn’t require the cybersquatter to be in the same jurisdiction. However, if the domain is registered through a U.S.-based registrar, the ACPA may also be an option, as U.S. courts can exercise in rem jurisdiction over the domain itself, even if the registrant is abroad. This allows us to take action against the domain without needing to sue the individual directly.
- UDRP cases: Typically resolve in 1-2 months, with some cases closing in as little as 60 days.
- ACPA cases: Federal litigation can take 6-12 months or longer, depending on case complexity. However, settlements are sometimes reached earlier, especially when a strong case of bad faith can be presented.
Our team works swiftly to secure the best possible outcome for our clients.
- UDRP: Does not award financial damages. The goal of a UDRP complaint is to reclaim the domain.
- ACPA: Allows for statutory damages between $1,000 and $100,000 per domain. If the court finds that the cybersquatter acted in bad faith, you may also recover attorney’s fees and other court costs.
Our attorneys can advise on the likelihood of financial recovery in your case.
A cybersquatter may argue that they registered the domain in good faith or that it’s being used for legitimate purposes. To counter this, our attorneys will present evidence showing that the registration was done with bad faith intent, supported by factors like the presence of placeholder content, ads, and sales offers for the domain. Our experience allows us to identify and dismantle these defenses effectively.
In certain cases, cybersquatters claim free speech rights if the domain is used for criticism or parody. These so-called “gripe sites” can complicate cybersquatting claims. If the site is solely for criticism and not commercial gain, it may be protected under the First Amendment. However, if the domain was registered primarily to profit from the trademark or deceive users, we may still be able to prove bad faith. Each case is unique, and our attorneys can help assess if free speech rights apply.
To get started, simply reach out to us to schedule a consultation. During this meeting, our attorneys will assess your situation, discuss your legal options, and help you decide on the best approach to reclaim your domain and protect your brand.
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