how to prevent competitors from using similar domains

Businesses often face a situation when a website with a similar domain name appears on the Internet. Competitors may intentionally use someone else's domain to steal customers, or accidentally register a similar name. These actions cause the person who originally used the domain to lose audience, reputation, or business. Both entrepreneurs cannot fully operate in the online space.

My name is Yuri Gorbachev. I head the Lireit patent office. In this article I will tell you how to protect your domain and eliminate competitors who are parasitizing on your recognition.

Why does a business need a domain?

Most companies that do business in Russia have websites. Each resource has a domain – a name by which users go to the site on the network.

The domain is important for business. Often the target audience, focusing on it, searches for a company through search engines.

Why is using similar domains by competitors bad for business?

You can buy any free second-level domain in the desired zone. They check whether the site name is taken using special services in the Unified Domain Name Registry.

The site name can be free in one zone and occupied in another. As a result, exact copies of sites or similar ones appear when several elements are simply changed in the name and registered in the same or a different zone.

Example 1: Intentionally using a similar domain

The company “Batareika” sells electronics and has a website with a domain batareika.ru. A competitor, wanting to attract customers, registers a domain batareika.com in another zone.

Consequences:

• Users may be directed to a competitor's website that offers similar products at lower prices.

• “Battery” is losing potential customers who could make a purchase.

• If a customer experiences poor service on a new site, it could negatively impact the image of the original company.

Users do not always notice that they are going to a site in the .com zone, and not .ru. The main thing is that the “name” is correct. Confusion ensues. If the types of activities of two companies are the same, clients of one run to the other. And if the original resource is already promoted and popular, then some of the transitions will definitely go undeservedly to the “newbie”.

Everything comes to light later, when the original owner of the domain name begins to have problems with site traffic and reputation.

Example 2: Random registration of a similar domain

The Ecologistics company sells environmentally friendly products and uses the domain greeneco.ru. Another entrepreneur, not knowing about the existence of the first company, registers a domain green-eco.com.

Consequences:

• Users may not notice the difference in spelling and accidentally go to the wrong store.

• In the long run, both companies may lose customers due to user confusion and dissatisfaction.

If companies use similar domains, new customers may simply end up in the wrong place by mistake. Often companies try to find the reason for the decrease in traffic, applications or orders through the site, go through many options, and then find out that the problem is that their resource has a double.

Example 3. Intentional damage to reputation

The company “Class” has a website klasstyle.ru. A competitor creates a website class-styl.ru and begins to publish false information about the Klass company.

Consequences:

• Customers visiting a competitor's website may see negative or misleading materials and assume that this refers to a real company.

• Reputational losses can lead to decreased trust in a company, even if it is not related to publications on another site.

Websites are cloned by scammers and those who want to make money by selling counterfeit goods. Fraudsters may ask for a “ransom” for the domain, a situation that is difficult to cope with. Companies have no choice but to pay and take a similar domain.

Many experts recommend initially purchasing all similar domains in existing zones to reduce the risks of theft and misleading consumers. However, these actions are too expensive, and all possible names cannot be provided. There are simpler solutions.

How to protect your domain from copying and theft?

Registration in the domain name registry does not provide the right to prevent others from using the same or similar domains. You can only count on the fact that a completely matching name in the same domain zone will never be included in the registry.

To establish prohibitions, you will need documents from government departments. If the original owner of the domain name has official documents confirming that the name belongs only to him, he can:

• defend your interests and “remove” your competitor;

• receive a monetary payment to compensate for the violated right;

• continue the exclusive use of the domain for commercial purposes.

Legal protection of the domain will be ensured by registering a trademark with Rospatent. To do this, you need to check whether a similar name is already in the register in the required classes of the ICGS. If not, submit an application to the department, pay state fees, respond to requests from experts and receive a positive decision.

When registering a trademark, the applicant indicates the specific types of activities in which the designation will be protected. Therefore, it will not be possible to prevent a cosmetics store from using your domain name if you registered it for legal services. This fact must be taken into account when preparing an application to Rospatent.

When choosing a domain, we recommend checking it against Rospatent databases to exclude violations. For example, if a similar or similar name is already registered in the type of activity you need, you should not buy and use such a domain.

Otherwise, the copyright holder will find out about this and file a claim. He has every chance to take away your website address and receive compensation from you for violating his rights.

You can register a domain in the form of a first- and second-level domain name. In this case, only the second-level domain will be protected, “.ru” and similar elements will be recognized by Rospatent as unprotected, for example, as in the cases from our practice presented in the illustration.

The second option is registration as part of a logo; we also have such cases in practice. But we recommend doing this less often, since a trademark is protected only in the form in which it is registered. In case of disputes, difficulties may arise, but if the company plans to use the logo exactly as it is on the website and at other touch points with customers, registration makes sense.

The third option is to register only the word, which will become a second-level domain and use it in combination with different domain zones. For example, as in the case from our practice.

In what form to register a domain, you need to decide individually. It all depends on the goals and possible future uses.

Trademark registration must be renewed every 10 years. Do not miss the renewal deadline, otherwise you may lose your rights to the designation, and then to the domain.

As long as your trademark is protected, you can not only safely use it without worrying that a claim will come tomorrow, but you yourself will have the right to take similar actions.

Previously, registration was available only to individual entrepreneurs and legal entities, and the owner of the domain could be an individual. It turned out that in order to register a domain with Rospatent, it was necessary to first open an individual entrepreneur or legal entity. In 2023, the process was simplified. Even individuals can now become owners of a trademark, so registering a domain for its full protection is easy.

Domain registration protects not only from the appearance of exact copies in other domain zones, but also from similar names in this and other zones. Additionally, after registration, it becomes possible to prohibit the use of the registered mark everywhere: in advertising, on goods, on social networks, etc.

It is important to be active in protecting your rights. Even if you have a registration certificate, you will have to identify and deal with violations yourself. Violations may occur, but you will already have a tool to help you deal with them.

How to stop domain rights violations?

Let's say you have successfully registered your domain, and suddenly an intruder appears.

1. Record a violation – a site with a similar or similar name. You can take screenshots and save the link. It is safer to conduct a notary inspection of the site.

2. Contact the violator with a complaint – this is a mandatory step. Often the sites contain information about the owner, then the claim is sent to the specified contacts, but if the information is hidden, you need to act differently.

3. Send a complaint to your hosting or domain registrar with a request to block the clone. Be sure to attach the basis – a certificate for the trademark. You can also send a request and receive information about the site owner from the registrar.

If the issue cannot be finally resolved, you need to go to court. When considering the case, the following facts will be taken into account:

• how similar the parties' domains and activities are;

• which domain was registered before;

• whether there is direct competition between the parties.

Positive answers to all questions are not required. It is enough that the domains are similar and the types of activities coincide. But it’s better if your domain was registered earlier, and you and your opponent are competitors, then the court is highly likely to side with you.

There is a lot of judicial practice on such cases.

Here are the latest stories:

As practice shows, many entrepreneurs do not demand compensation, but simply seek through the court a ban on the use of their domain by another person. This will already bring them benefits and save them from many problems.

Recommendations

1. Choose domain names that are short, memorable, and unique.

2. Check the domain not only against the domain name registry, but also against the Rospatent database in the required classes of the ICGS.

3. Don't use domains that are similar to existing ones in your niche.

4. Register your domain as a trademark if it is important to you to protect it from copying.

5. Be active in protecting the rights to a domain name in order to stop unfair actions of competitors in a timely manner.