Imagine typing your business name into your browser, expecting to see your own website, but only to see something completely unrelated. That is a sinking feeling. Someone else has registered your name as a domain, and now you’re left wondering what to do about it.
You might be asking yourself, “What happens when someone registers my business name as a domain?” You have more options than you might think. Whether it is a misunderstanding or a case of outright cybersquatting, there are steps you can take to protect your brand and reclaim control of your online identity.
Find Out Who Owns the Domain
Before you send off any angry emails, you may want to start with a quick WHOIS lookup. You can go to sites like whois.domaintools.com or ICANN’s lookup tool to see who owns the domain, when it was registered, and where it’s hosted.
If the registration details are public, you may see the owner’s name or business listed. But sometimes, the listing is private. In that case, only the registrar’s contact info will appear instead.
This search can also reveal the registration date. If you have been operating under your business name for years and they registered the domain just last month, you can use that to support your case.
Consider Reaching Out
Sometimes, the easiest path works. If the domain is not being used maliciously, you can contact the owner and make a polite, professional offer to buy it.
You want to treat it like a business transaction. Don’t mention how you really want the name because that will drive up the asking price. You want to express your interest and ask if they would consider selling.
If the domain’s not important to your operations or the owner will not budge, you might also explore alternate extensions (like .net, .co, or .biz) or use creative domain variations.
Check for Trademark Rights
If you have a registered trademark for your business name or have been using the name publicly in commerce, you have legal grounds to challenge the domain’s registration.
Trademarks can prove that the domain name is confusingly similar to your brand and that the other party is exploiting that similarity. It is a lot easier to protect a name that’s legally registered with the U.S. Patent and Trademark Office (USPTO) than one that is not officially recognized.
File a Domain Dispute
If you believe the person registered the domain in bad faith, you can file a complaint under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). The UDRP is an international process managed by ICANN. It is designed to resolve domain disputes without going to court. To win, you will need to prove:
- The domain name is identical or confusingly similar to your trademark.
- The current owner has no legitimate interest in the domain.
- The domain was registered and is being used in bad faith.
If successful, the panel can order the domain transferred to you. This can be faster and cheaper than a lawsuit, but it is still a legal process. You may want a domain name dispute attorney to help you file.
Legal Action Under the ACPA
For serious cases, especially if the cybersquatter is actively harming your brand, you might pursue legal action under the Anticybersquatting Consumer Protection Act (ACPA).
The ACPA gives trademark owners the right to sue someone who registers or uses a domain name that is confusingly similar to their trademark, with the intent to profit from it.
If you win, the court can order the domain transferred to you and award damages. However, this route can be expensive and time-consuming. For many, this is a last resort if negotiations or a UDRP complaint fail.
Get Legal Assistance for Any IP Disputes
What can I do if someone registered my business name as a domain? This is not the end of the world, and you do have options.
The rules surrounding cybersquatting and trademark rights can be tricky, and you will want help. At Iconic Inc., we help business owners protect what they have built, from securing domain ownership to defending their brand online. Reach out for a consultation to make sure your business name stays yours.