What Are the Legal Steps to Take When Someone Infringes on Your Domain Name?
June 13, 2025
Domain names are valuable assets for both businesses and individuals, playing a key role in brand identity and online presence. When someone else registers or uses a domain name that’s identical or confusingly similar to yours, it can lead to confusion, lost traffic, and potential harm to your reputation.
This kind of misuse may amount to domain name infringement, which is a serious issue with legal consequences. As a Kansas City intellectual property law attorney, I’ve seen firsthand how important it is for clients to understand their legal options in these situations.
If you're based in Missouri, it's essential to be aware of how both state and federal laws, including the Anticybersquatting Consumer Protection Act (ACPA), come into play.
Here, I’ll walk you through the legal steps you can take to address domain name infringement and how to protect your rights through administrative actions or the court system.
Identifying Domain Name Infringement
Before taking action, it’s important to determine whether infringement has actually occurred. Domain name infringement typically involves the unauthorized use of a domain name that is identical or confusingly similar to a trademark, business name, or existing domain, especially if it’s being used in bad faith.
Signs of infringement may include:
A domain name that mimics your brand and diverts web traffic.
The use of your business name or trademark in a way that confuses consumers.
An attempt by the registrant to sell the domain to you at an inflated price.
The domain is being used to host malicious content or a competing business.
You’ll also want to verify that your rights to the name are legally established — this could be through trademark registration, longstanding business use, or ownership of a similar domain. Collecting evidence, such as screenshots, registration records, and proof of your brand’s recognition, is essential for building a strong case.
Legal Remedies Available Under Missouri and Federal Law
Once infringement is confirmed, you have several legal avenues to consider. In Missouri, you may pursue claims under state unfair competition laws or common law trademark rights. However, most domain name disputes fall under federal jurisdiction, especially those involving cybersquatting or bad-faith registration.
The Anticybersquatting Consumer Protection Act (ACPA) provides a powerful remedy. It allows trademark owners to file a lawsuit against someone who registers a domain name in bad faith with the intent to profit from an established brand. Remedies under the ACPA may include:
Injunctive relief (forcing the transfer or cancellation of the domain)
Monetary damages
Statutory damages of up to $100,000 per domain name in some cases
Alternatively, the Uniform Domain-Name Dispute-Resolution Policy (UDRP) offers a quicker, cost-effective administrative process for recovering domain names through arbitration rather than court.
Steps to Take When Your Domain Name Rights Are Violated
If you suspect your domain name has been infringed, acting promptly is key. Here are the steps you should take:
Document the infringement: Collect all relevant evidence, including WHOIS domain registration records, screenshots, and any misleading or infringing content.
Send a cease and desist letter: Often the first formal step, this letter notifies the infringer of your rights and demands that they stop using the domain. It can lead to a resolution without litigation.
Explore administrative remedies: If the infringer refuses to comply, consider filing a UDRP complaint for domain recovery through ICANN-accredited providers.
Pursue legal action: When necessary, filing a lawsuit with an intellectual property law attorney under the ACPA in federal court may be the most effective way to assert your rights and seek damages.
Consult legal counsel: Domain name law is complicated and fact-specific. Working with an attorney experienced in intellectual property and internet law assures your case is handled strategically and in compliance with applicable laws.
An intellectual property law attorney like myself, Attorney Julie Scott, can guide clients through each of these steps with a tailored approach that reflects their specific business goals and legal position.
Reviewing the Uniform Domain-Name Dispute-Resolution Policy (UDRP)
The UDRP is an administrative process established by the Internet Corporation for Assigned Names and Numbers (ICANN) to handle domain disputes outside of traditional court systems. It’s often the preferred route for trademark holders seeking to resolve domain name issues efficiently and cost-effectively.
To succeed in a UDRP complaint, you must prove three elements:
The domain name is identical or confusingly similar to your trademark or service mark.
The registrant has no legitimate rights or interests in the domain name.
The domain was registered and is being used in bad faith.
UDRP proceedings are typically resolved within a few months and don't require in-person hearings. If successful, the domain may be transferred to you or canceled. While UDRP decisions are binding on registrars, they don't prevent either party from seeking additional remedies through the courts.
Trademarks in Domain Disputes
Owning a trademark, whether registered or common law, significantly strengthens your position in a domain name dispute. A registered trademark provides clear, nationwide evidence of your exclusive rights, making it easier to assert claims under the ACPA or UDRP.
In Missouri, even unregistered trademarks used consistently in commerce may be protected under common law. However, without registration, enforcement can be more challenging, and the burden of proof is greater.
If your domain name is central to your brand, it’s wise to pursue trademark registration with the United States Patent and Trademark Office (USPTO). Doing so not only helps in defending against infringement but also acts as a deterrent to potential cybersquatters.
Preventing Future Infringement
While it’s important to know how to respond to domain name infringement, taking proactive steps to prevent it can save time, money, and frustration. Here are some preventative measures to consider:
Register variations of your domain: Secure common misspellings, alternate domain extensions (.net, .org, etc.), and abbreviations to limit opportunities for bad actors.
Monitor new registrations: Use domain monitoring services to receive alerts when similar domain names are registered.
Maintain strong trademark protection: Regularly review and update your trademark portfolio to reflect your brand’s digital assets.
Act quickly on potential infringements: Early intervention often leads to faster, more favorable outcomes.
Establish clear internal policies: If you operate a larger business, make sure your marketing and IT teams are aligned on domain name strategy and brand protection.
An intellectual property law attorney helps clients not only enforce their rights but also develop comprehensive strategies to safeguard their digital assets for the long term.
When to Seek Legal Counsel
While some domain name disputes can be resolved informally or through administrative channels, many situations involve complicated legal issues that require professional guidance.
If you're uncertain about the strength of your claim, the appropriate forum for resolution, or how to draft an effective cease and desist letter, it’s wise to consult an experienced lawyer.
An intellectual property attorney can help you:
Evaluate whether infringement or cybersquatting has occurred.
Determine whether to pursue action under the ACPA, UDRP, or Missouri law.
Draft persuasive legal communications and formal complaints.
Navigate procedural requirements and legal deadlines.
Avoid missteps that could weaken your claim or delay resolution.
An intellectual property law attorney can assist clients with domain disputes, offering strategic advice tailored to their business objectives and legal rights.
Contact an Intellectual Property Law Attorney Today
If you're looking to take legal steps after someone has infringed on your domain name, be sure to reach out to me at the Law Office of Julie Scott LLC. I serve clients in Kansas City, Columbia, Springfield, and Rolla, Missouri. Contact my firm today to schedule a consultation.