4 things to minimize the chances of a UDRP — Do these

Do these things and you’re less likely to receive a UDRP on your domain.

I’ve been buying and selling domains since the late 1990s and, so far, haven’t been hit with a single UDRP filing. I’ve received a few emailed complaints, but nothing has ever progressed to the UDRP stage.

While some of it is luck (you never know when a misguided firm will file a UDRP), I also do things to prevent UDRP filings. I just went back and listened to DNW Podcast #170 with attorney John Berryhill, in which we discuss some of the things you can do to reduce the chances of a UDRP. This post takes information from that conversation and some things I’ve observed into account. (In other words, if anything is wrong, don’t blame Berryhill.)

Here are four things you can do to minimize the chance of receiving a UDRP.

1. Don’t register obvious trademarks

Is this an obvious one? Maybe, but some people don’t get the message.

The U.S. Patent and Trademark Office is not the sole arbiter of trademarks. Firms also have trademarks in other jurisdictions. And common law trademarks that firms have “earned” over time without formal filings are harder to track. If the first five pages of Google results for a keyword are all regarding one firm, take it as a warning sign.

Yes, all good dictionary words are trademarked somewhere by some firm. That doesn’t mean you have to avoid them. You can put Apple in your domain for a site regarding red apples but not a site regarding phones, computers, or music.

At the end of the day, ask yourself, “Why did I register this domain?” Your answer shouldn’t be “Since firm XYZ uses the brand.”

2. Park smart

I hear many people say you shouldn’t park domains since of the legal risk. Always is a strong word, and there are cases in which parking your domains makes sense and could actually help you.

For example, the domain you own with Apple in it (but that has nothing to do with anything Apple has a trademark for) could benefit from a parked page showing ads for ordering apples. This could show rights or legitimate interests in the domain for advertising purposes and show that you aren’t targeting the big firm (Assuming you aren’t actually targeting it!).

That stated, you need to keep in mind that your domain will show different ads to different people in different countries. Letting the algorithm pick the ads (and change them at will) is a risk. I’m aware of one parking platform that lets you set a category keyword in your dashboard: Uniregistry. Take a minute to park any great domain there and assign a category if you think it might be targeted by a trademark owner. (I hope other parking firms will add this feature when Uniregistry is ultimately closed down.)

What regarding For Sale pages? Use a provider like Dan or SquadHelp that lets you add custom sales text on your lander. If your domain is ideal for a particular topic, but a firm might also claim a trademark for it, put a message on your sales page that explains why you think the domain is valuable (e.g., since of the generic or descriptive use, not the trademark).

3. Be careful when someone inquires regarding your domain

I’ve read enough UDRPs to know that a purchase inquiry can be a trap. It could be a lawyer or firm representative on a fishing expedition. With this in mind, when responding to inquiries, you ought to:

– Explain why the domain has value, e.g., the generic or descriptive value of the domain.

– If you know the firm inquiring has a trademark that postdates your registration, mention how long you’ve owned it

– When responding, start with “In reply to your inquiry regarding buying my domain.” This is something Berryhill mentioned that makes it harder for UDRP complainants to selectively leave out the fact that they inquired regarding buying the domain instead of you making the overture.

– Take notes if you have a phone conversation regarding a domain. Keep the notes or send an email to yourself. Better yet, email the conversation recap to the other party.

– Be polite even if the other person is a jerk. Set your emotions aside.

4. Keep your domain prices in check

Why do some domainers who don’t trade in trademark domains get hit with more UDRPs than others? The higher you price your domains, the more likely you’re going to face a UDRP. A firm that’s frustrated that a domain is outside of its budget is more likely to file a UDRP than someone is to file a UDRP against a domain priced for $2,000 since they’ll have to pay more than that for the UDRP.

Of course, it would be ridiculous to sell a great domain for a couple of thousand dollars. The point here is that the more valuable your assets (or your perceived value of them), the more likely you are to be on the receiving end of UDRPs. So take some extra time on #2 and #3 to protect your most valuable domain assets.

These four tips ought to help you minimize the chance of having to defend in a UDRP.