Domain Name
Disputes
Recover the domain, or defend the one you hold
Cybersquatting, typosquatting, and bad-faith registrations of brand-adjacent domains are a routine cost of building a recognisable name online. The administrative dispute regimes (UDRP for generic top-level domains and auDRP for the .au namespace) were designed to resolve these matters faster and far more cheaply than court proceedings.
We act for complainants pursuing transfer of an infringing domain, and for respondents defending a registration that has been challenged. The remedy is always the same: transfer or cancellation of the domain. There are no monetary damages, no injunctions, and no costs orders, which is precisely why the process is quick.
Two regimes, one practical difference that changes the strategy
Both regimes ask the same three-part question (identity or confusing similarity, rights or legitimate interests, and bad faith) but they combine the second and third elements differently. Under UDRP the complainant must prove the domain was both registered and used in bad faith. Under auDRP the complainant only needs to prove bad-faith registration or bad-faith use. That single word makes auDRP materially easier for Australian brand owners pursuing .au domains.
- UDRP covers generic TLDs (.com, .net, .org, new gTLDs). Filed with WIPO, the Forum, or another ICANN-accredited provider. Conjunctive test: bad-faith registration AND use
- auDRP covers the .au namespace (.com.au, .net.au, .org.au, direct .au). Filed with an auDA-approved provider. Disjunctive test: bad-faith registration OR use
- Both share a three-element test, a remedy limited to transfer or cancellation, decisions made on the papers (no hearing), and a typical timeline of 2–4 months from filing to decision
- Standing under UDRP and auDRP both require the complainant to show trade mark rights (registered or, in many cases, unregistered/common-law rights established by use)
And when it is not
Administrative complaints work best where the registration is plainly opportunistic: a misspelling of your mark, a domain offered for sale at an inflated price, a parked page running pay-per-click ads against your brand, or a site impersonating yours. Where the respondent has a credible commercial use predating your rights, a UDRP or auDRP panel is unlikely to order transfer, and court proceedings or commercial negotiation may be the better path.
We assess the merits before filing. A failed complaint is not just a cost. Under both regimes a panel can make a finding of Reverse Domain Name Hijacking against a complainant that knew, or should have known, the complaint could not succeed.
A clear path from first contact to decision
Most matters resolve within four months of instruction. Many resolve sooner, because a well-drafted cease-and-desist often produces a voluntary transfer before a formal complaint is filed.
- 01 Assessment: WHOIS lookup, evidence capture of the offending use, review of your trade mark rights, written merits opinion and indicative cost
- 02 Pre-complaint contact: where appropriate, a cease-and-desist or transfer demand to the registrant. A meaningful proportion resolve at this step
- 03 Complaint filing: drafted complaint with annexures, lodged with the appropriate UDRP or auDRP provider; filing fee paid to the provider
- 04 Response & decision: respondent has 20 days (UDRP) or 20 days (auDRP) to respond; panel typically appointed and decision issued within 4–6 weeks of response close
- 05 Implementation: on a transfer order, we liaise with the registrar to effect transfer to your nominated registrant account
Someone has registered your brand as a domain?
Move quickly, evidence preservation matters