If you missed the opportunity to secure your trade mark, brand or corporate name as a domain name you may still be able to recover it through strategic negotiation or via the various dispute resolution procedures.
The Recovery process basics
A thorough investigation is conducted to determine the prospects of a successful result.
The assessment results are discussed with you to establish a recovery strategy setting out the “worst case” and “best case” scenarios.
We will consult with you during each step of the negotiation process to ensure that each offer or counter-offer is within your financial means.
After a successful negotiation or dispute resolution complaint we will handle the domain name transfer through our or a third parties escrow services.
Every domain name case is unique and requires a thorough investigation into the various factors that may play a role in the recovery process, such as:
- The type of TLD (Is a dispute resolution procedure available (UDRP) or not?).
- The use of the domain name. Has it been used in bad faith?
- The registrant's track record, taking into account previous acts of cybersquatting.
- Comparing the strength of your trade mark rights to that of the registrant, taking into account prior registered or unregistered rights of both parties.
- The urgency to recover the domain name.
- Your budget allocated to the recovery process.
Lexsynergy has formulated a flexible 5 step recovery process that can be adapted to ensure the domain name is acquired in the most cost effective and efficient manner.
more process details
Domain Name Assessment
- A thorough investigation is conducted to determine the prospects of a successful result.
- The strength of your and the registrant's rights are analysed.
- Pro-active steps are also considered to limit exposure of future risk or infringement. For example securing all available domains in relevant gTLDs and ccTLDs. It makes no sense to buy a .mobi domain name for thousands of Dollars if the identical .net or .info domain name is available.
Recovery Strategy
- The assessment results are discussed with you to establish a recovery strategy setting out the “worst case” and “best case” scenarios. In some cases urgency may dictate that the recovery process start with a cease and desist communication.
Recovery Process
- Negotiations usually start the recovery process (via email and/or phone). We will consult with you during each step of the negotiation process to ensure that each offer or counter-offer is within your financial means.
- You will have access to our online control panel from where you can track the recovery process, communicate directly with our domain name team and view the evidence captured during the recovery process.
Dispute Resolution
- If the negotiation process does not yield a favourable result or is not appropriate, we will send cease and desist communications and if necessary submit a domain name complaint to the relevant dispute resolution forum (ICANN UDRP, Nominet DRS, ZA ADR, Eurid DRS).
Domain Transfer / Escrow
- After a successful negotiation or dispute resolution complaint we will handle the domain name transfer through our or a third parties escrow services.
- The domain name will be transferred to your Lexsynergy domain name management control panel or to your chosen registrar.
any questions?
