Domain Recovery

Domain name: Studio Turini’s Domain Recovery expertise

The domain name is the telematic address through which it is possible to reach the site of a business (e.g. www.turinigroup.it). 

The owner of a name, a trademark or a company has the right to register it as a domain name, in order to identify his business and present it on the web. 

Unfortunately, there are often cases of abuse by third parties who register the name as a domain name even though they have no right to it. Perhaps profiting from the fact that a domain name has not yet been registered for that extension (e.g. .it), from the expiry of a domain already registered by the legitimate owner, or from the notoriety of a sign that has not been registered as a domain name yet. 

Studio Turini has operated as an authorized body in disputes for the reassignment of .it domains. Nowadays, also thanks to this experience, we provide assistance for the recovery of any domain to companies and providers of primary importance in the national and international context. 

We are therefore very familiar with the problems associated with corporate domain ownership. Thanks to our Domain Recovery method, with 99% of cases solved, we help individuals and companies recover their domain quickly and cost-effectively. 

Studio Turini’s Domain Recovery

To recover a domain that has been usurped by a third party quickly and cost-effectively, our method applies a series of special reassignment procedures that require no lawsuit.

We recover domains with different extensions, including:

  • .it
  • .eu
  • .com
  • .net
  • .org
  • .tel
  • .mobi
  • .info
  • .biz
  • .tv

We can also administratively recover many national domains from any State (.cn, .es, .mx, etc.).

Our long experience and the quantity of cases we have handled, make our professionals the point of reference for anyone who wants to defend a trademark on the Internet and to react to the actions of cybersquatters.

The aim is to preserve and defend the exclusive use of the trademark even online.

WE HAVE BEEN SPECIALISTS IN DOMAIN RECOVERY FOR MORE THAN 30 YEARS

The domain name recovery method

Every recovery case is different and must be studied in advance.

We always start working on a domain recovery by examining the concrete situation.

The study phase also includes web searches aimed at gathering information about the holder of the domain name, on any other domains of which he may be the holder, on past uses of the domain and so on.

The study also includes an examination of the trademarks or other distinctive signs that can be used to take action against a domain name abuser, as well as an examination of possible solutions based on the abuser’s nationality and the TLD of the domain to be recovered.

In the light of this analysis, we advise the Client with the most appropriate course of action. Depending on the case, this could be:

  • The sending of a Demand letter;
  • A recovery by purchase;
  • A reassignment procedure;
  • A legal action.

Recovery by purchase

Recovery by purchase consists of an attempt, by a dedicated account manager, to purchase a domain from the current owner and at the lowest possible price, granting the absolute anonymity of the buyer. 

Recovery by purchase involves a preliminary evaluation by an expert, who analyses the state of the domain to be recovered, considers the potential non-recovery critical points, and provides an estimate of costs to be proposed in order to start the purchase negotiation. The service involves contacting the holder, negotiating the terms for the purchase and the eventual transfer of the domain to the interested party. 

In the event the Client is not interested in the purchase attempt, it is possible to send Demand letters to the domain name holder and/or provider in order to obtain an amicable transfer. 

Demand letters can immediately produce the desired result, or they may open a negotiation phase between the domain name holder and the Client. Those negotiations are aimed at obtaining the assignment of the domain against payment of a sum. 

If it is not possible to acquire the domain name ‘amicably’, the Client can decide to proceed with the legal recovery action. 

When the requirements of the relevant legislation are satisfied and the local legislation permits it, we proceed with the administrative procedure for reassignment of the domain name (UDRP). 

We directly handle all procedures for generic TLDs (such as .com, .net), new extensions and many geographical domains, as well as those for the “.it” and “.eu” TLDs. 

We cooperate with our consolidated correspondents for the management of foreign recoveries, when a specific local procedure and/or resolution through arbitration or mediation is required.Administrative recovery procedures are highly effective and allow the recovery of a domain illicitly registered by a third party very quickly.

Can I recover my domain name without a judicial proceeding?

Recovery by administrative procedure, i.e. without a judicial proceeding is absolutely possible.

However, in order to win an administrative reassignment procedure, certain requirements must be fulfilled. In particular:

  • The person who wants to recover the domain must be the holder of a prior trademark with reference to the date of registration of the domain in question;
  • The domain name for which recovery is sought must have been registered in bad faith by the counterparty;
  • The person who registered the domain must not have a right or legitimate interest in that name. 

Once the above requirements are satisfied, we can proceed to prepare a specific recourse addressed to the body competent to manage domain name reassignments, a body that varies according to the TLD of the domain name and that will decide whether to reassign the domain name to the owner of the trademark. 

The procedure consists in the exchange of briefs between the parties, it is quite complex and must be assisted by an experienced Lawyer. 

An error in setting up the recourse may lead to the loss of the procedure, even if you are right. Compliance with administrative rules is crucial in these procedures.

Studio Turini has developed a long experience in domain name recovery, achieving a 99% success rate. 

What if I cannot recover the domain name through the administrative proceeding?

In cases in which there are no requirements to start an administrative procedure, it is possible to choose different strategies or address the Court

Filing a lawsuit, for example, can be useful because, in addition to domain recovery, it is also possible to obtain damage compensation

We also remember that nowadays, domain name lawsuits are much more expedited thanks to the entry into force of the Industrial Property Code, which expressly considers company domain names as distinctive signs. 

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