How to Contest Domain Name Ownership
Within recent years, there have been many high profile domain name disputes. While most of the first disputes concerning domain name registration involved large, international corporations, there have been growing numbers of private citizens and small organizations having domain name disputes as well. If you are considering disputing the registration of a domain name, there are several things you should consider.
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Instructions
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Read over the "Anticybersquatting Consumer Protection Act" to better understand what your options and rights are concerning the domain name you're disputing (see "Resources" section below).
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Determine the basis for the dispute. This is crucial to deciding whether you can go forward with your dispute, and whether you stand a good chance of the dispute being settled in your favor. Unless you have evidence, such as trademark infringement or an argument based on dilution law, it will be harder to prove your case.
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Decide whether you want to dispute the matter in court or settle the matter with the domain name registrar. Going to court will not only cost more money, but the process can take years to finally reach a resolution.
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Establish how you are being hurt by the domain name dispute. For example, if you are the original creator of a widget and have trademarked the name, and a rival company registers a domain containing your trademarked name, you can argue that your trademark has been infringed upon. Another example is if someone registers a domain name containing your legal name, then uses that domain to post libelous information, you can argue that your character is being defamed.
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Contact the company the domain name was registered through and explain your situation to them. You will likely need to follow up with the registrar multiple times while the dispute is being resolved, and you may also be asked to provide any evidence you're able to obtain.
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File a civil lawsuit in your county, if you prefer to go through the courts instead. A domain name dispute is a civil mater, and just as they can property, a judge can order that control of a domain name be relinquished to its rightful owner, as long as you can prove rightful ownership.
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