How To Protect Your Domain Name
A domain name is the part of a URL (the address through which a website is accessed, e.g. myerson.co.uk) which is unique to a particular website. Each domain name must be unique so that no two are identical.
Holding a registered trademark will also provide extra protection for a domain name.
Resolving Domain Name Disputes
When the domain name server system was established, it was not predicted that domain names would have any value. However, as the internet became more commercial and widely used, companies began to realise the value of domain names and began suing each other for the right to use a particular domain name.
Conflict arises when:
- Someone deliberately registers a domain name which another party needs or would like and then seeks either to sell it to that party or use it in order to damage the other party (this is known as cybersquatting); or
- Different parties have competing legitimate interests in the same domain name; or
- Large companies have used their legal and financial resources to prevent legitimate domain name holders from registering valuable domain names.
Overview of the Domain Resolution Service (DRS) Process
Stage 1: The Complaint and Response
- Filing a Complaint: The complainant submits details of the issue via Nominet’s online tool, outlining their rights and claiming abusive registration.
- Key Requirements:
- Proof of rights to a name or mark identical/similar to the domain.
- Evidence of the domain’s abusive registration or use.
- Response Deadline: The respondent has 15 working days to agree or challenge the claim.
- Registrant Details: Use a ‘data release request’ if GDPR restrictions apply.
Stage 2: Mediation
- Nominet provides a free, confidential mediation service for both parties to negotiate a settlement.
- Mediators facilitate discussions but do not decide the outcome.
- Mediation typically lasts 10 days.
Stage 3: Expert Decision
- If no response is submitted or mediation fails, the complainant may appoint an independent adjudicator for a binding decision.
- Fees: £200 plus VAT for a summary decision, or £750 plus VAT for a full decision.
- Timeline: The expert decides within 15 working days.
Stage 4: Appeal
- The losing party can appeal to a three-expert panel within 10 working days.
- Fee: £3,000 plus VAT.
Stage 5: Closure
- If no appeal is made, Nominet implements the expert’s decision (transfer, suspension, or cancellation of the domain).
- Mediators assist in compliance for mediated agreements.
Our expert IP lawyers can guide you through every stage of the process, ensuring your interests are protected. Contact us for tailored support.
Domain Name FAQs
What is The Relationship Between Trademarks and Domain Names?
As a domain name is often used to identify the source of information on a website, in effect, a domain name can be used as a trade name or trademark. Therefore, domain names can be capable of being registered as trademarks.
Domain names may also infringe prior trademarks or common-law rights of others. This can be a particular problem for global domain names as they may potentially infringe trademarks which have local scope in a particular country.
How can I avoid my domain name infringing a trademark?
To avoid domain name disputes, always check for registered trademarks that could restrict your use of a domain name.
Trademarks don’t need to cover the exact goods or services you offer; protection can extend to similar or even unrelated goods if the trademark has a UK reputation.
Domain name dispute procedures often hinge on bad faith registration, a higher threshold than standard trademark similarity tests.
Trademark infringement, on the other hand, typically depends on whether consumers are likely to confuse two similar marks. Identical trademarks for the same goods or services usually presume confusion, but similar marks require deeper investigation.
Some trademark owners are more protective, pursuing cases to expand their brand monopolies, even when no real conflict exists.
Understanding the opposing company’s approach and level of brand protection is key to navigating potential issues.
What should you do if someone is using your trademark as a domain name?
WDomain name disputes can be complex, so seek legal advice early to prevent costly conflicts. Often, resolving issues or adjusting branding plans is more practical than pursuing disputes.
In cases of trademark infringement, gather and preserve evidence, such as customer confusion, online discussions, or analytics that demonstrate the business impact. This data can support claims for compensation.
Avoid contacting the other party without legal advice, as failing to follow the legal process and/or making unsupported allegations may weaken your position.
Instead, we’ll help assess their intent, whether it’s to profit from your domain, attract your customers, or if they’re unintentionally infringing, to determine the best resolution strategy.
How are domain names valued?
A domain name may be valued by reference to:
- The cost of obtaining a domain name from a registrar;
- The amount of income or other economic benefit the holder of the domain name receives from the use of the domain name; and/or
- The amount of income or other economic benefit a third party could derive from a domain name.
Most domain names are not unique and therefore tend to be valued using the first of the three methods above. However, any domain name linked to a trademark will be valuable to the holder of the trademark as will any generic domain names which allows someone to exploit the name commercially – in such a case, the last of three methods above will be used to value the domain name.
There are a number of specialist companies who can provide valuations for domain names. As the demand and use of the internet increases, the value of domain names will continue to rise and there will no doubt be a greater amount of domain names being bought and sold.
Our Domain Name Disputes Service
A domain name is the part of a URL (the address through which a website is accessed e.g. myerson.co.uk) which is unique to a particular website. Each domain name must be unique so that no two are identical.
Resolving Domain Name Disputes
When the domain name server system was established, it was not predicted that domain names would have any value. However, as the internet became more commercial and widely used, companies began to realise the value of domain names and began suing each other for the right to use a particular domain name.
Conflict arises when:
- Someone deliberately registers a domain name which another party needs or would like and then seeks either to sell it to that party or use it in order to damage the other party (this is known as cybersquatting); or
- Different parties have competing legitimate interests in the same domain name; or
- Large companies have used their legal and financial resources to prevent legitimate domain name holders from registering valuable domain names.
The Relationship Between Trademarks and Domain Names
As a domain name is often used to identify the source of information on a website, in effect, a domain name can be used as a trade name or trademark. Therefore, domain names can be capable of being registered as trademarks.
Domain names may also infringe prior trademarks or common-law rights of others. This can be a particular problem for global domain names as they may potentially infringe trademarks which have local scope in a particular country.
Valuing a Domain Name
A domain name may be valued by reference to:
- The cost of obtaining a domain name from a registrar;
- The amount of income or other economic benefit the holder of the domain name receives from the use of the domain name; and/or
- The amount of income or other economic benefit a third party could derive from a domain name.
Most domain names are not unique and therefore tend to be valued using the first of the three methods above. However, any domain name linked to a trademark will be valuable to the holder of the trademark as will any generic domain names which allows someone to exploit the name commercially – in such a case, the last of three methods above will be used to value the domain name.
There are a number of specialist companies who can provide valuations for domain names. As the internet becomes more important, the value of domain names will only carry on increasing and there will be a rise in domain names being bought and sold.
Why Choose Our Intellectual Property Solicitors?
- Our intellectual property experts advise clients on a broad range of intellectual property matters, from initial registration and exploitation to protection and enforcement.
- Our specialist IP litigation team is also highly experienced in handling business disputes involving intellectual property.
- Myerson is a member of the Intellectual Property Lawyers Association (IPLA), an association of law firms with an established intellectual property office. Our membership provides our clients and us with access to a wealth of knowledge and expertise in intellectual property.
- Through our many years of service, we have close working relationships with trade mark and patent attorneys and regularly liaise with them on a wide range of intellectual property issues, such as registering trademarks, patents and design rights, and when disputes arise concerning intellectual property rights. These working relationships are a key element of the service we offer to our clients.
- Myerson is also the Manchester and Cheshire law firm member for the MSI Global Alliance, a top 20 ranked international association of independent professional firms. As the IP matters we deal with often involve an international element, we can call upon the expertise and knowledge of our fellow MSI members to ensure that our client's global interests are protected.
Testimonials
Julie L
Richard and Olivia were great to work with from start to finish. They took time to understand our industry, and how we worked as a company. This, mixed with their professional knowledge, allowed the process to be seamless, and produce specific documents for our business. I would highly recommend the team, and I am pleased that I have built this relationship so that if any services are required going forward, I will be able to contact them knowing I will receive a high level of service.
Nick
We had an outstanding experience with Myerson Solicitors. From start to finish, the team was professional, efficient, and approachable. Our solicitor, Olivia Whittaker, was particularly remarkable - her attention to detail, clear communication, and expert guidance made the entire process smooth and worry-free. We couldn’t be happier with the outcome and highly recommend Olivia and the firm to any business seeking expert commercial legal advice.
Richard
We needed to rewrite our online terms and conditions to ensure compliance with all legal aspects. Olivia and Richard were outstanding in their advice and assistance. They guided us through every step of the process, providing valuable insight and expertise. Their professionalism and clear communication made a complex task manageable, and we couldn't be happier with the service they provided.
Andrew
I engaged Richard Meehan, Myerson Solicitors, for the drafting of a complex multi-product exclusive supply agreement. He was thorough, explained in plain English and kept me updated consistently throughout. In addition, his after service communications were excellent, ensuring that we felt supported in our negotiations. Great service, before, during and after, which is the benchmark that I have come to expect from all my dealings with Myerson Solicitors. A great team.
Adrian
Richard and the team at Myerson were excellent. They guided me through a relatively complex legal situation and weren't afraid to admit when they needed to bring in other divisors to offer the best guidance which I appreciated. It was all done efficiently and for a fair price. A great experience.
Mo
I recently worked with Richard to draft an international supply agreement, and I couldn't be happier with the service I received. He was highly knowledgeable, easy to work with, and always responded promptly to any questions I had. I felt well-supported from start to finish and would highly recommend Richard to anyone looking for a reliable and experienced solicitor for commercial contracts.
Ben
Exceptional service, Richard and his colleagues were professional and personable not like other law firms we have worked with in the past. It was clear from the outset that Myerson were very down to earth and willing to put in the work to help us achieve our goals. They were a delight to work with on our contract negotiations. I would highly recommend them.
Aceplan Player Development Ltd
I worked with Richard Meehan and Olivia Whittaker, who helped me to build a comprehensive set of legal documents for my software business. This included terms and conditions for the different user types, privacy and cookie policies, and general website terms. Their legal knowledge and what was required for my business was very impressive. It left me feeling reassured and confident in the work they prepared. All the deadlines were met and I'm really satisfied with the end product.
Torram Ltd
I couldn't recommend Myerson Solicitors highly enough. Richard and Olivia were fantastic to work with, they were extremely professional and knowledgeable and knew how to get the best out of my contract. They were very responsive and ready to answer all of my questions whenever I asked them. They are a safe pair of hands for anyone starting out in business and don't have any personal recommendations for solicitors. They're very capable and very pleasant to work with and compared to other companies, fairly priced.
Peter
Myerson deserves more than 5 stars. I am exceptionally pleased with the work done by Richard M at Myerson who worked on the Terms for my startup. Incredible depth of knowledge and amazing turnaround time. Highly recommended!
Matt
As a start-up company, we needed specific advice, work and contracts drafting on key contracts. (Customer and Supplier) along with specific website and cookie policies. Myerson's completed this work on time and to a high standard. Importantly, they advised on which areas to focus on to spend time and money - very important for a start up. Every member of the team was very capable and if they did hand over, the person handover to was always fully briefed and up to speed with our account and work. Highly recommended.
Jason
We needed a flexible VAR agreement for our AI based software offering that could be easily adapted to a wide variety of partnerships, engagement models and go-to-market strategies. The Commercial team did a great job making sense of our sometimes confused and over-complicated requirements, and simplified it down to exactly what we needed. Soon after we successfully used the agreement with a large multi-national corporation. All in all a great result and a great experience.
Joe
Very pleased with the service received in updating T&Cs and other legal documents. Excellent communication and useful discussions, getting to understand our business and its requirements.
Emad Salib
The team were highly responsive, clear in their advice, and demonstrated a strong commercial understanding of our business and the sector we operate in. They provided practical, well-structured guidance and were proactive in highlighting potential risks while offering sensible solutions. It was a pleasure working with them, and we would not hesitate to recommend Myerson.
Steve Ridd
Rich Meehan at Myerson provided clear, pragmatic and highly effective support on a range of complex commercial matters. His advice was responsive, commercially focused and instrumental in helping us manage risk while progressing key initiatives. Richard worked collaboratively with the executive team, translating legal complexity into practical guidance, and I would have no hesitation in recommending him and Myerson for trusted commercial legal support.
Meet Our Intellectual Property Solicitors
Home-grown or recruited from national, regional or City firms. Our intellectual property lawyers are experts in their fields and respected by their peers.
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
Latest Myerson Intellectual Property News
From TikTok to AI Digital Twins: Khaby Lame and the Future of Image Rights in the UK
In an increasingly digital and interconnected world, the commercial value and significance of personal images have grown substantially. Questions regarding who controls the use of a person’s image now arise routinely, particularly in the context of social media, digital content creation, and AI-generated likenesses. This term refers to a...
Read Blog
Research & Development Agreements: Key Legal and Commercial Issues
Research and Development (R&D) Agreements play a key role in enabling organisations to pool expertise and resources to develop new products or processes. Agreements of this nature are commonly used between commercial entities and academic institutions, and play a key role in establishing the funding models under which research takes place. With...
Read Blog
Bagging Rights Gone Wrong: The Notting Hill Tote Bag Trademark Dispute and IP Ownership Lessons
Courtenay-Smith and her company sued two brothers and their businesses, accusing them of trademark infringement, passing off, and copyright infringement related to the tote bag design she had launched in 2009. Our IP lawyers explore the case and the important IP ownership lessons it offers for brand-led businesses.
Read Blog![easyGroup Ltd v Easyfundraising Ltd [2025]: Trade Mark Infringement and Genuine Use Explained](/assets/Uploads/Case-Analysis_-easyGroup-Ltd-v-Easyfundraising-Ltd-2025__FillWzgwMCw0NTBd.jpg)
easyGroup Ltd v Easyfundraising Ltd [2025]: Trade Mark Infringement and Genuine Use Explained
In this case analysis, our Intellectual Property lawyers explain the Court of Appeal’s decision in easyGroup Ltd v Easyfundraising Ltd [2025] , which partially upheld easyGroup’s appeal against a High Court ruling that had dismissed several trade mark infringement claims and revoked certain trade marks in whole or in part.
Read Blog
AI Patent Law Shift on the Horizon? Latest Update on the Emotional Perception AI Case
Last month saw the Supreme Court hear the appeal of Emotional Perception AI Limited (‘EPAI’) concerning its attempt to patent its neural network-based system for recommending music files. In this blog, our Technology Lawyers explore the case.
Read Blog
David de Gea Successfully Defends DDG Trademark at General Court of the EU
In May 2025, the General Court of the European Union ( GCEU ) delivered its judgment following an appeal made by Schmidt Spiele GmbH ( Schmidt Spiele ). The appeal challenged a decision of the Second Board of Appeal of the European Union Intellectual Property Office ( EUIPO ), which rejected Schmidt Spiele’s opposition to the trademark filed by...
Read Blog