Audit service domain name trademark infringement prior right cybersquatter

Before taking any kind of action, you need to know the extent of the risk and the damage. To that end, DomainRecovery.com will need you to answer a series of questions in a few clicks.

To give our recovery attempt a better chance of success, you need to hold prior rights on the string of characters constituting the domain name you are willing to recover.

Contrary to common beliefs, prior rights are not limited to the holding of a Trademark but are much wider. However, the fact that you used to hold the domain name you are now willing to recover is not enough to constitute a prior right.

The review of applicable rights on the domain name you wish to recover is essential to determine your chances: we need you to be as thorough as possible, by providing as much information as possible.

The Audit process follows the three main criteria of the UDRP policy:

I. Applicability of the prior rights

Two situations may arise:

A. Your prior rights are applicable

If our analysis confirms that you do hold a prior right on the domain to be recovered, you will be eligible to benefit from both our negotiation and mediation services.

Depending on the results of the whole analysis phase, we will be able to guide you to the process that will be the most suitable for your recovery attempt.

B. Your prior rights are not applicable

In the event where our analysis leads us to consider that you do not hold a significant prior right on the domain name you are willing to recover, we will contact you to ensure that you do not hold any other right that may have been disregarded when filling your order form.

If our analysis confirms that, regrettably, you do not seem to hold a prior right on the name to be recovered, we will provide you with a full report outlining why your rights seem unsuitable for a traditional recovery. Additionally, you may still have a chance using our negotiation service.

II. Domain holder rights or interest in respect of the domain name

Once the domain registrant identified, our team will investigate to establish whether it has a legitimate interest in holding the name.

III. Use of the domain name

One of the most important ground that an extra-judiciary or a judiciary court will quite often base its decision on, is the actual use of the disputed domain name.

Typical use of the domain name may include:

A. The domain name may be not resolving

B. The domain name may point to what seem to be a “legitimate” website

C. The domain name may point to a parking page gathering advertised links to your competitor websites

D. The domain name may point to or be referenced on an auction platform

IV. Success rate for a mediation/ Estimated price for a negotiation

Following our extended analysis, we will be able to determine the potential success rate of a mediation, if you are entitled to benefit from that service and/or the estimated price for which we believe the holder should be willing to surrender the domain name to you.

V. Means to reach the holder

As part of our audit service, we will provide you with means to reach the domain name holder even, in most cases, if the cybersquatter hides behind a “whois privacy” service.

If the domain name would have been registered using a proxy agreement rendering its holder’s details “anonymized”, our team will provide you with the detail of the applicable proxy service provider.

This mean shall be:

VI. Conclusion

Finally, and to conclude the first step of our service, we will provide you with our recommendation as to which process we believe shall be elected to recover your domain name.

We will either advocate for the mediation process or the negotiation process. However, this recommendation being only of informational nature you indeed remain at ease to elect the process of your choice.