Claim Domain Name


Your guide to the world of domain name disputes and effective help against speculants and bad faith registrants


What is domain name and how is it protected?


Surely, everyone knows, at least to a certain extent, what the domain name is and what is its purpose. From the technical perspective, domain name is a unique address that identifies in user-friendly terms particular content hosted on the Internet and that provides users with certain “directions” on how to find such content.

What if someone else registered the domain I wanted?


It happens all the time. The underlying principle of the domain names registrations is based on first-come-first-served basis. However, in most of the registration agreements (we dare to say in all of them) it is required that the registered domain name does not infringe upon any third party’s rights (meaning trademarks, business names, or eventually even other domain names). For such cases, the registration agreements often provides for a procedure for resolving possible disputes referred to as alternative dispute resolution mechanism (ADR).

Who are we and what can we do to help?


We are NOVALIA law firm, a team of IP & IT lawyers with broad experience with domain name disputes and particular understanding of Internet related aspects of law. Our background is in legal advisory to start-ups and technological companies on matters relating to business, corporate and intellectual property.

Need help?


Has anyone registered domain name comprising your trademark or trade name? Do you want to claim that domain?

Please make sure that you provide us with your contact details, specify domain name(s) at hand and briefly describe what rights you have against the domain registrant(s).

What is domain name and how is it protected?


Surely, everyone knows, at least to a certain extent, what the domain name is and what is its purpose. From the technical perspective, domain name is a unique address that identifies in user-friendly terms particular content hosted on the Internet and provides users with certain “directions” on how to find such content.

However, legally speaking, domain names are sort of odd animals. As opposed to trademarks, patents, designs and other intellectual property rights, there is not any special legal category that would deal solely with domain names. As a consequence to that, one has to resort to the existing legal categories in order to find one that fits most to legal issues that are often associated with domain names.

In the absence of specific regulation for domain names, they are often dealt with like obligations that arise from the contract between domain names registrars and individual registrants (registration agreement). Under such registration agreement, each registrant has the right to particular domain name while the registrar is obliged to provide the registrant with access to such a domain name.

It follows that when dealing with domain names, general contract law and specific conditions set forth in the registration agreement would govern any underlying transactions. Drawing on that, any transfer or cancellation of the domain name would rather be a transfer of the obligation that arise from the registration agreement, or a complete cancellation of such registration agreement respectively.

How domain names work


Adam intends to register the domain name in order to advance his business plans further and wants to establish a website under such domain name. Adam concludes a registration agreement with one of the many domain registrars (see the list of the Czech registrars at this link) and has now an exclusive right to use registered domain name. Adam is only limited by the conditions set forth in the registration agreement and by the limitations that follow from the laws of the jurisdiction of the particular domain name registry.

Domain registry (not to be confused with domain registrar) is an entity which is responsible for particular generic domain names (ICANN), country-code domain names (e.g. EURid for .eu TLD, CZ-NIC for .cz TLD, or SK-NIC for .sk TLD) or so called new generic domain names such as for example .name, .online, .beer, etc. (there is a substantial number of registries for these new gTLD).


This means that if there is any issue concerning domain name which Adam has previously registered, such issue shall be resolved according to the terms of the registration agreement and according to the applicable law of the particular jurisdiction depending on geographical location of the domain name registry (e.g. ICANN > US law, EURid > EU law, CZ-NIC > Czech law, SK-NIC > Slovak law).

What if someone else registered the domain I wanted?


It happens all the time. The underlying principle of the domain names registrations is based on first-come-first-served basis. However, in most of the registration agreements (we dare to say in all of them) it is required that the registered domain name does not infringe upon any third party’s rights (meaning trademarks, business names, or eventually even other domain names). For such cases, the registration agreements often provide for a procedure for resolving possible disputes referred to as alternative dispute resolution mechanism (ADR).

ADR has proven to be efficient mechanism for right-holders in claiming domain names previously registered by someone else in bad faith and/or without sufficient legitimate interest. Depending on the applicable ADR rules, it is either required that the registrant both fails to prove his or her legitimate interest and good faith (UDRP, Slovak ADR Rules), or just one of these conditions (EU ADR Rules, Czech ADR Rules).

Circumstances of the domain name disputes may vary significantly. In general, the stronger is particular legitimate interest of the registrant, the weaker is the position of the right-owner, and vice versa. In other terms, the fact that the right-owner has a trademark that is identical to the domain name previously registered by a third party, does not necessarily mean that the right-owner will automatically be successful in domain dispute. Needless to say that each case shall be assessed individually with respect to all its particularities and relevant factors.

Nevertheless, most of the domain name disputes tend to be very much straight-forward. Typical scenario is that the domain name identical or similar to a particular sign is registered by a person who simply expects to subsequently sell this domain name to the right-owner, who has the interest that the domain name identical to his or her protected sign be not held by anyone else.

Typical domain dispute


Bella registers the domain name that is identical to the protected well known sign of Chris. Driven by speculative reasons and expectations of high profit, Bella established the website on the newly registered domain and placed paid advertisements on such website. Bella now directly profits from the web traffic that the domain name generates due to its identity to the protected sign. The Internet users could falsely expect that the content on the website hosted on that particular domain name has something to do with Chris.


Chris wants to get the domain which Bella had previously registered because the way Bella is using it causes harm to Chris. Subsequently Chris has contacted our team at claimdomain.name in order to take care of the situation. As a consequence an ADR action has been filed to the responsible ADR Panel and few months later Chris was given the respective domain name.

Who are we and what can we do to help?


We are NOVALIA law firm, a team of IP & IT lawyers with broad experience with domain name disputes and particular understanding of Internet related aspects of law. Our background is in legal advisory to start-ups and technological companies on matters relating to business, corporate issues and intellectual property.

Drawing on our experience with domain name disputes, we are prepared to represent your interests in ADR proceedings before WIPO, Czech Arbitration Court (CAC) and European Information Society Institute (EISI). In particular, we can help you with your claims for generic domain names (e.g. .com, .net, .biz, etc.) and certain country-code domain names (.eu, .cz, .sk).

In case you are interested in our service, you are invited to contact us using this form, and submit your case to us.

Our team


Jakub Císař

Jakub Císař has more than eight years of experience in commercial law. After practising in major international law firms, Jakub decided to join with other leading professionals to create NOVALIA law firm as one of its founding partners.

EMAIL: jakub.cisar@novalia.cz
PHONE: +420 603 551 197


Lukáš Pelcman

Lukáš Pelcman has well over four years of experience with intellectual property and IT law matters from a leading boutique IP law firm. After having graduated, Lukáš has decided to join NOVALIA law firm.


EMAIL: lukas.pelcman@novalia.cz
PHONE: +420 608 700 136

How does it work?


It all starts right here. Once you submit your case to us, we will assess the situation including expected chances of success. Our initial case analysis will follow (which is free of charge). Based on the outcomes of the analysis, you can subsequently decide whether you will pursue your claim further.

The cost of our service amounts to a flat fee of EUR 1,200.- (price does not include the official fees payable to ADR Panels).

Our fee includes communication with the registrant, following negotiations, drafting ADR action, representation in ADR proceedings and reports on the outcomes. In the event that the domain name is successfully transferred to the client without undergoing ADR proceedings, we charge our remuneration fairly and transparently based on our hourly rate EUR 200.

Our fees are payable in advance once we take over your representation as a client.


Diana submits her case to us and wants to claim domain name identical or highly similar to her trademark. Our fee for handling such a case amounts to EUR 1,200.- in total (excl. official fees payable to respective ADR Panels).

In case the domain name is successfully transfered to without undergoing ADR proceedings, total fees will be calculated per our hourly rate EUR 200. That means, for example, that if we spent 3 hours in total by negotiating with the registrant and arranging for the transfer of the domain, our total remuneration would amount to EUR 600.