Domain Name Disputes

How can I reclaim a cybersquatted domain?

We can file a complaint under the UDRP policy for international domains or use local dispute resolution mechanisms for .GE domains, proving your rights and the registrant's bad faith.

What evidence is needed to win a domain dispute?

You typically need to prove three elements: your trademark rights, that the domain holder has no legitimate interest, and that the domain was registered and is used in bad faith.

Can I stop a competitor from using a similar domain?

Yes, if the domain is confusingly similar to your trademark and is used to divert your customers or damage your reputation, legal action can transfer the domain to you.

Is it faster to buy the domain or sue?

Buying can be faster but encourages extortion. UDRP proceedings usually take 60-90 days and provide a permanent legal solution to recover your intellectual property.

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Domain Name Disputes are a specific area of intellectual property law that is becoming increasingly relevant in the digital age. In the medical and pharmaceutical sectors, brand trust is critical, so the unauthorized use of a domain containing the name of a clinic, pharmacy, or medication causes serious reputational damage and poses risks to patients. Domain disputes often involve "cybersquatting" — where third parties register domains identical or similar to well-known brands for resale or to mislead consumers. This service is vital for medical businesses to protect their digital identity and prevent unfair competition.

Specialists on Legal.ge offer full legal support in resolving domain disputes, which includes:

  • UDRP (WIPO) proceedings: Handling disputes for international domains (.com, .net, .org) through WIPO arbitration.
  • .GE domain disputes: Representation in the Georgian domain dispute resolution commission or court to recover local domains.
  • Trademark protection online: Monitoring and legal response to the illegal use of trademarks in domain names.
  • Domain acquisition negotiations: Professional negotiations with domain holders regarding the transfer of rights.
  • Cybersquatting prevention: Developing strategies to protect the brand, including defensive registrations with various extensions.

Typical scenarios for domain disputes in the medical field include cases where a competitor registers a domain similar to a clinic's name (e.g., clinicname-georgia.ge) and redirects traffic to their own site. Phishing attempts are also common, where fake pharmacies use domains of well-known pharmaceutical brands to sell counterfeit drugs. Another problem involves former employees or IT contractors retaining control over a domain and demanding money for its return. In such cases, timely response is essential to prevent the leak of patient personal data and financial loss.

In Georgia, the .ge domain zone is administered by "Caucasus Online," and disputes are handled according to special regulations largely based on UDRP (Uniform Domain-Name Dispute-Resolution Policy) principles. The legal framework also includes the Law of Georgia "On Trademarks" and the Civil Code (unfair competition). If a domain holder violates the rights of a trademark owner, the domain can be cancelled or transferred to the rightful owner. During court disputes, legislation "On Intellectual Property" protecting trade names is also applied.

Working with a specialist begins with gathering evidence: trademark registration certificates, proof of brand recognition, and facts of the respondent's bad faith. The lawyer prepares a substantiated claim (Cease and Desist Letter), which is often sufficient to resolve the dispute without litigation. If this fails, formal dispute procedures begin. It is important for doctors and clinics to know that their name is an asset, and protecting it in the digital space is as important as in the physical one.

Legal.ge gives you access to experts in intellectual property and IT law. Domain disputes require specific technical and legal knowledge. Through our platform, you can find lawyers with successful experience in WIPO and local arbitrations. Protect your medical brand and patient trust with the help of Legal.ge.

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