DOMAIN NAME RECOVERY & AQUISITION
Online trade mark infringements in the form of cybersquatting and typosquatting are on the increase, placing pressure on Intellectual Property owners to take proactive steps to remove the infringements and recover the associated domain names.
Domain recovery requires a coordinated and streamlined strategy to ensure online infringements are resolved in an effective and cost efficient manner.
Our service allows clients to adequately deal with the increase of domain name disputes. Each client has access to our online control panel through which they can follow the recovery progress, view evidence and communicate directly with the Lexsynergy team. Our recovery services are structured on a fixed fee model in order to reduce the costs of domain recovery actions, take-down notices and domain acquisitions.
DOMAIN NAME RECOVERY PROCESS
We have formulated two stage recovery process that can be adapted for each domain name recovery.
Stage 1: Recovery negotiations and communications
Domain Name Assessment
A thorough investigation is undertaken to determine the prospects of a successful recovery, this may include a domain name audit. The strength of our client’s rights are assessed against the registrant’s rights. Pro-active steps are also considered to limit exposure to future risk or infringement, which could include registering domain names in other gTLDS or ccTLDs.
Recovery Strategy
The Domain Name Assessment results are discussed with the client to establish a recovery strategy setting out the “worst case“ and “best case“ scenarios.
Recovery Process
The Recovery Process can take the form of a negotiation to purchase the domain name or start with a cease and desist communication with a view to recover the domain name through a dispute resolution procedure. In certain instances we will negotiate without revealing the client’s identity in order to acquire the domain name at the lowest possible price.
We capture evidence at key points during the recovery process that can be used as evidence of bad faith at a later stage.
We consult with the client during each step of Stage 1 to ensure that each offer or counter-offer is within the client’s budget.
Fixed Fee: $254 or £150 (excluding VAT, the purchase and transfer of the domain name).
Stage 2: Dispute Resolution
If the negotiation process does not yield a favourable result or is inappropriate, we will send cease and desist communication (if not sent during Stage 1) and, if instructed, draft, prepare and submit a domain name complaint to the relevant dispute resolution forum (ICANN UDRP, Nominet DRS, ZA ADR, Eurid DRS).
Fixed Fee: $980 or £550 (excluding VAT and the filing fee of the dispute resolution provider, which is approximately $1300 depending on the provider).
