Services

UDRP & Domains

Recovering domain names registered in bad faith, defending legitimate owners, and buying the name your brand needs, with the deal put in writing.

A trademark and a domain name protect different things, and most brands need both. Francisco Ferreiro is Board Certified in Intellectual Property Law by The Florida Bar and also invests in domain names, so he understands how domain owners price and negotiate as well as how trademark law treats the name.

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What we handle

Each of these is a legal engagement with Francisco Ferreiro, covered by a written engagement agreement.

Buying a domain

Domain acquisition

Someone already owns the domain you want. We find out who, contact them without disclosing who the buyer is, and negotiate. Because we follow the domain aftermarket, we can tell you whether an asking price is in line with comparable sales before you make an offer. We prepare the purchase agreement and close through a third-party escrow service, so the seller is paid only after the domain is in your account.

Bad-faith registrations

UDRP complaints and cybersquatting claims

When a domain copies your mark and the owner registered it to profit from your brand, paying may not be the right answer. We assess whether the facts support a UDRP complaint, which is decided on written submissions and is usually faster and less expensive than a lawsuit, or a federal claim under the Anticybersquatting Consumer Protection Act, which allows statutory damages. If the evidence is weak, we will tell you so and recommend negotiating instead.

Domain owners

Defending domain owners

Investors and businesses that hold generic or descriptive names are sometimes targeted by complaints that should not have been filed. We respond to UDRP complaints and cease-and-desist letters. When the record supports it, we ask the panel for a finding of reverse domain name hijacking against the complainant.

Domain investors

Portfolio risk reviews

Before you list names for sale, we screen your portfolio for names that track someone else’s trademark. Offering those names for sale can be used as evidence of bad faith in a UDRP case or a cybersquatting suit. You get a report that sorts each name into hold, list, or drop, with the reason for each.

Transactions

Domain transaction documents

Purchase agreements, lease and lease-to-own agreements, and assignments that move a domain together with the related trademark and goodwill in an asset sale or rebrand.

UDRP or federal court?

A UDRP complaint is decided on written submissions, usually within a few months, and it can only transfer or cancel a domain name; it cannot award money. A claim under the Anticybersquatting Consumer Protection Act is filed in federal court and can recover statutory damages of up to $100,000 per domain name, but it costs more and takes longer. We will tell you which route fits your facts.

UDRP complaints before WIPO, the Forum, and other approved providers
Responses for domain owners, including requests for a finding of reverse domain name hijacking
ACPA lawsuits, including in rem actions against the domain name itself when the owner cannot be found or sued in the U.S.
Lawsuits that stop a UDRP transfer order, filed within the 10 business days the policy allows
Cease-and-desist letters and negotiated transfers

How a domain acquisition works

Step 1

Check the name

We confirm who controls the domain, how long they have held it, how it is being used, and whether your trademark rights give you leverage.

Step 2

Choose the approach

Buy, negotiate, or bring a claim. We recommend one and explain the likely cost and timing of each.

Step 3

Negotiate

We contact the owner as your representative, without naming you unless you authorize it, and work toward a price you have approved.

Step 4

Close

A written purchase agreement, third-party escrow, and transfer of the domain to a registrar account you control.

A domain is not a trademark

Registering a domain does not give you trademark rights, and registering a trademark does not give you the domain. If you are buying a domain to build a brand on, have the name searched before you launch. Trademark search and registration →

Common questions

No. Trademark rights come from using a name to identify your goods or services, and federal registration adds important protections. A domain registration is a contract with a registrar that lets you use a web address. You can own a domain and still infringe someone else’s trademark by using it.

That depends mostly on when and why they registered it. If the registration predates your brand, or the domain is a common word or phrase, a UDRP complaint will probably fail, and the panel can find that you filed it in bad faith (a finding called reverse domain name hijacking). If the domain was registered after your brand was known and is being used to trade on it, a complaint may recover it without paying the owner’s price. We review the registration history and the owner’s use before recommending either route.

Not unless you authorize us to tell them. Asking prices tend to rise when a seller learns the buyer is an established or funded company, so we usually approach the owner as your representative without naming you.

Francisco Ferreiro owns a portfolio of domain names and sells some of them personally. Those sales are separate from his law practice, and buying a domain is a purchase of property, not a legal service. If you are a client of the firm and want one of those names, the sale is documented in a separate written agreement, and you will be advised in writing to have an independent lawyer review it.

It is a flat fee, quoted in writing before any work starts. The quote depends on how many names and trademark classes are involved. USPTO filing fees and the cost of acquiring a domain are separate.

Have a name in mind?

Tell us the domain or brand name and how you plan to use it. Francisco will review your inquiry and follow up.