Domain Name Disputes arise where:
- Enterprises with similar names, perhaps from different jurisdictions or with similar products compete for control over certain domain names.
- SEO competition increases and domains which are likely to perform well in a Google search become much sought after.
- Bricks and mortar retail business suffer from changing consumer preferences and migrate online.
- Political activists take up domain names related to their cause.
- Cyber squatters seek to make money, by purchasing domain names with potential, in the hope a wealthy business wishes to move into a new geographic area or make use of a key phrase.
- Businesses with similar names try their luck with the dispute resolution process, in the hope they can have a registered domain name transferred to them.
Using the .com.au country code domain as an example, the elements to be satisfied are:
- The domain in question is identical or confusingly similar to a name, trade mark or service mark in which the claimant has rights.
- The respondent has no rights or legitimate interests in respect of the domain name.
- The domain name has been registered or is being used in bad faith.