What are the risks of getting into a domain name dispute and how can we minimise them?

 

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12. What are the risks of getting into a domain name dispute and how can we minimise them?

The main cause of domain name disputes is the registration of similar names. The best way to reduce your risk is to take great care over your choice of domain name.

Although you cannot register a domain name that someone else has already registered, almost all registrars will accept domain names for registration that are similar to existing names. In addition, the proliferation of different domain name endings makes it even easier to register similar domain names: the fact that you have registered the domain name mycompany.co.uk will not stop another business registering mycompany.com, mycompany.ltd.uk and so on.

To minimise the risk of a dispute, you should avoid registering a domain name that uses a competitor's trading name or trademark. As the Internet is an international medium, you should ideally check trading names and trade marks internationally, particularly if you plan to register a 'generic' or international domain name such as mycompany.com.

Be particularly careful about registering a domain name similar to a large company's name or brand. Even if you have a perfectly legitimate right to use the domain name, some large companies are aggressive about disputing rights to such names: even if you were to fight and win a dispute, you could face significant disruption and cost.

If someone does challenge your right to a domain name that you have registered, or if you wish to challenge someone else's right to a domain name, you should seek legal advice as to your specific circumstances as soon as possible.