Domain Dispute Resolution

Your name or trademark belongs to you, even in the form of a domainname. Stop the misuse of your name or trademark from domain grabber. We solve your domain dispute with UDRP or URS procedure as a service for a fixed price.
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Domain Name Dispute Resolution Services

Domains are assigned according to the “first come, first served” procedure. Registering a domain only takes a few minutes and usually costs less than CHF 10, so it’s easy and cheap to do.

The simplicity of registration often leads to unjustified or malicious domain registrations. Regardless of whether it’s typosquatting (taking advantage of spelling errors in the spelling of the domains) or the malicious registration of branded domains.

Ultimately, however, the domain name does not belong to the person who first (maliciously) registered the domain, but to the person who owns the brand or name. Even if a domain grabber has already registered their company name or brand name, it does not mean that excessive purchase prices have to be paid for a domain name.

 A third party who maliciously registers this domain must hand this domain over to you or may not use this domain if they maliciously operate it. Depending on the domain and applicable law, different solutions come into question.

How to deal with domain grabbers?

National proceedings against the domain grabber are often complex and expensive. The domain grabber may be based abroad or be difficult to identify by anonymization service providers. The Internet Corporation for Assigned Names and Numbers (ICANN) has given the relevant NICs domain registration authorities the power to delete or transfer domains in the event of trademark infringements.

Alternative dispute settlement procedures for domain names are a better alternative to national court proceedings. Alternative dispute settlement procedures usually only take a few weeks to reach a decision, produce the desired result of the transfer or blocking of the domain grabber domain and are inexpensive.

Overview of the most common Domain Name Dispute Resolution procedures and Domain Name Resolution Services (DNDR procedures):

  • The Uniform Domain Name Dispute Resolution Policy (UDRP) as a procedure of the “WIPO Arbitration and Mediation” of WIPO Switzerland in Bern is the best known of the dispute settlement procedures. It is used on a wide variety of domains and is a “real” dispute resolution process that often results in a domain transfer.
  • The Alternative Dispute Resolution (ADR procedure) is the procedure of the Czech Arbitration Court (CAC) in Prague. The ADR procedure is based on Regulation (EC) No. 874/2004 as EU and national law, the procedure that is underpinned by national law.
  • The URS Uniform Rapid Suspension System. Applicable for over 1200 new top level domains. With URS, a result can be achieved in just a few days for a few hundred USD / CHF.
  • The TMCH DRP as part of a Trademark Clearinghouse Dispute Resolution Procedure.
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The UDRP pronounced -Uniform Domain-Name Dispute-Resolution- is an out-of-court dispute resolution for trademark owners to resolve malicious or other improper registration of domains in connection with registered trademarks. Since disputes are settled at the registrar and the results are executed directly by the registrar, UDRP is the preferred way to stop abuse of your trademark by criminal domain registrants. With these procedures, it does not matter where the domain owner is domiciled, since a decision is simply made without the intervention of the abusive domain owner if he does not respond to the panel’s email.

Domain dispute law can be complex. For making domains like the .ch Domains for Switzerland are exclusively subject to Swiss law. The application must therefore refer to Swiss law and there is not just a single law for domain or trademark law in Switzerland to which one can refer. A lawsuit must be based on an understanding of Swiss law, and it would be difficult to win a domain dispute for a ch domain without knowledge of Swiss trademarks and civil law.

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