Someone else got your domain name? Here's what you can do

• auDA domain names

If another party registers a domain name similar or identical to your business name, brand or trademark this can be stressful – but there are formal processes to help resolve disputes when you believe you have a stronger claim. In Australia this is provided for by auDA, the governing body for the .au domain space. They offer a system called the .au Dispute Resolution Policy (auDRP).

While the auDRP is an option, you don't have to use it. Instead, you may instead pursue other avenues for resolving their dispute, such as litigation. The auDRP is intended to offer a faster and more cost-effective alternative to court proceedings for resolving disputes.

The auDRP provides a mechanism for resolving disputes involving domain names registered unfairly or in bad faith. The process is particularly useful if you hold a registered trademark, as this provides a strong basis for asserting your claim to the domain.

You may be able to bring a claim under this policy if:

• The domain name is identical or confusingly similar to a name, trademark or service mark in which you have rights
• The current domain holder has no rights or legitimate interests in respect of the domain name
• The domain name was registered or subsequently used in bad faith.

Examples of when a domain name can be determined as being used in bad faith as per the auDRP policy include, when it is registered to primarily profit from someone else's trademark, block their business, or confuse customers.

The auDRP is not designed to intervene in legitimate ownership disputes but rather a procedure intended to resolve clear cases of misuse. This means that merely wanting a domain is not sufficient to bring rise to a claim under the auDRP. If the domain holder is not acting in bad faith and is using the domain for genuine reasons, such as for their own business, then your chances of raising a successful dispute under the auDRP are unlikely.

Under the auDRP, the process starts by confirming the domain’s creation date via the Domain Creation Request Form on the auDA website. You then file a formal complaint with an auDA-approved dispute resolution provider, and pay a fee. The provider notifies the domain holder, who has 20 days to respond. If no response is filed, the panel decides the case based on your complaint alone.

If the domain holder doesn’t respond, the panel considers both sides before deciding whether the domain should be transferred, cancelled, or remain with the current holder.

Whether you have a valid claim depends on how the domain was registered. If it appears the domain was taken unfairly or in bad faith, you can likely use the auDRP process to challenge it. However, if the registration does not meet the conditions for an auDRP claim you might explore other options. Possible alternatives include negotiating directly with the current holder, or registering a different domain, which you can start by comparing different domain retailers on our comparison table.