Table of Contents
1. Case Study
On 14 January 2025, our domain name easymarketing.uk was forcibly seized by easyGroup, despite ongoing confusion surrounding the status of the court case. Both parties had exchanged multiple letters requesting clarification regarding the case’s status. The last communication from easyGroup’s lawyer, dated 17 January 2025, notified us that the domain name was transferred to easyGroup on 2 December 2024. They also sent us a copy of a letter they submitted to the court, requesting the court to reject our motion to set aside the default order.
After these communications, we didn’t get any response from either easyGroup, Potter Clarkson, or MarkMonitor for an entire week. I feel exhausted from the waiting and this battle, especially as we are working on their clients’ websites and the New Year celebration is approaching.
As a result, we are forced to migrate all its website content to a new domain name to continue its business operations. This case highlights the critical importance of selecting the right domain name and understanding its legal implications—especially when operating across borders.
This article is a case study, emphasizing the need for secure online assets and a strategic approach to domain name selection.
2. Why It Matters if Your Domain Name Is Taken
A domain name is a key part of your online assets, and the communications tied to that domain can significantly impact your reputation and ability to conduct business.
2.1. Email Address Consequences
Once the domain is taken by another party, emails sent to addresses under that domain will no longer reach you and may bounce back with an error like “Address not found.”Be received by the new domain owner if they set up email hosting. This could pose serious privacy risks, as emails intended for you may end up in the hands of the new domain owner.
2.2. Website Consequences
If the domain name becomes inaccessible, the content itself (files, images, posts) may still exist on the hosting server unless deleted, but it won’t be accessible without a functioning domain. Apart from that, all URLs tied to the domain will stop working. Visitors will encounter 404 errors unless you’ve set up proper redirections before losing the domain. Both internal and external links to your website will also be broken.
2.3. Domain Authority (SEO) Impact
If your domain is taken and the website becomes inaccessible, Your website will disappear from search engine results within a few weeks, as crawlers will no longer be able to access your content. Besides, any existing domain authority (backlinks, rankings) will remain tied to the old domain, benefiting the new owner if they choose to use it.
In the long run, domain authority will decrease over time if the new owner does not maintain quality content or backlinks.
3. What to Consider When Choosing a Domain Name
3.1 Trademark Search Before You Secure a Domain Name
When selecting a domain name, one of the most critical steps is to check whether the name may be connected to an existing trademark. You can do this by searching the trademark database to see if any trademarks overlap with your chosen domain name. This is crucial to avoid potential legal complications down the line.
Steps to Check for Existing Trademarks:
- United States Patent and Trademark Office (USPTO): Use the Trademark Electronic Search System (TESS) to search for registered trademarks in the United States.
- World Intellectual Property Organization (WIPO): The Global Brand Database allows you to search for trademarks registered in multiple countries.
- European Union Intellectual Property Office (EUIPO): For trademarks registered in the EU, use the eSearch plus tool.
- National Databases: If you’re targeting specific countries, you may go to the national trademark databases, for example, this is for the UK, https://www.gov.uk/search-for-trademark
3.2 Be Careful with Country-level Domain Name
For example, when I registered easymarketing.uk, I was unaware of easymarketing.co.uk, as I was still living in China, working on securing a visa, and targeting the UK market for my business. It wasn’t until I moved to Leeds in 2022 that we discovered the similar website easymarketing.co.uk. This website had been registered as a trademark in June 2021, whereas we had purchased our domain in April 2021—well before the trademark was registered. I didn’t take it seriously at the time, as there are many businesses with similar names, such as Nexus in the UK, and the trademark wasn’t searchable when we initially registered the domain. This made it seem like there was no conflict at the time.
Despite the fact that easy is a generic term widely used in the industry, and there is a noticeable visual and branding difference between easyGroup’s logo and ours, they aggressively pursued the case. While the names may share similarities, the logos, color schemes, and branding images were quite different, easyGroup used their trademark rights to challenge our use of the domain name, forcing us into a legal battle that ultimately drained a significant amount of time, energy, and resources that could have been better spent on growing my business.
This experience reinforced my belief that it’s incredibly important not to choose a domain name that may potentially conflict with a country-level trademark or legal system, especially when operating in a foreign country. If you are not 100% sure that your chosen domain name is free from local disputes or potential trademark conflicts, it’s best to reconsider your choice.
In our case, we discovered that easymarketing.uk was not affected by the same issues that impacted the .uk domain, as it didn’t fall under easyGroup’s jurisdiction. Ensure that your domain name does not cause potential conflicts within the country or region-level trademark where you are operating unless you are certain that it’s safe from any legal challenges or trademark claims.
4. Understanding Domain Extensions and Dispute Support
Domain names come with various extensions known as Top-Level Domains (TLDs), which can indicate the purpose, origin, or geographical focus of a website. These TLDs are classified into Generic Top-Level Domains (gTLDs) and Country-Code Top-Level Domains (ccTLDs), and each category has its own management system. Disputes related to domain names are handled differently depending on the type of extension.
4. 1. Generic Top-Level Domains (gTLDs)
- Meaning: gTLDs like .com, .net, and .org are some of the most widely used domain extensions. Originally, .com was meant for commercial enterprises, but today, it’s used across various sectors and is commonly adopted by individuals and businesses worldwide.
- Oversight: gTLDs like .com are managed by Verisign, and these domains fall under the broader governance of ICANN (Internet Corporation for Assigned Names and Numbers), which coordinates the global domain name system.
- Dispute Support: For disputes related to gTLDs, the Uniform Domain Name Dispute Resolution Policy (UDRP) from ICANN is the primary framework. This helps resolve conflicts, especially for domain names that infringe on trademarks or are being used in bad faith.
4.2. Country-Code Top-Level Domains (ccTLDs)
- Meaning: ccTLDs are extensions specific to countries or regions and are generally used by individuals or businesses targeting local markets. For example, .uk represents the United Kingdom, while.cn represents China.
- First-Tier and Second-Tier Domains: Some countries offer multiple tiers of domain names. For instance, the .uk extension is a first-tier domain, while .co.uk and .org.uk are second-tier domains for commercial and organizational purposes, respectively.
- Dispute Support: For .uk domains, Nominet handles disputes, offering mediation and arbitration for issues related to ownership and misuse of .uk domains.
When selecting a domain name, it’s essential to understand that ccTLDs are governed by the legal systems of specific countries, which can create issues if the legal framework is influenced by partially revealed information for the opposing party or unjustified procedures. While it’s generally open to anyone to run a business and register domain names under country-level TLDs, as a foreigner, you may not fully grasp the local legal procedures. Even if you defend your business in good faith, asserting no trademark infringement or trade misconduct, you may still face difficulties—just as we did—if the opposing party uses biased or incomplete information to seize your domain.
5. Understand You Are the Owner, But Technically the Registrant
When you register a domain, you become the registrant, which means you have the right to use the domain for the duration of your registration period. However, it’s important to understand that the domain operates within a structured system hierarchy:
5.1 Domain Name System Hierarchy
- ICANN: Oversees the entire global domain name system and ensures policies and security are in place.
- Registry: A registry is responsible for managing specific domain extensions, such as .com (managed by Verisign).
- Registrar: Registrars are accredited by ICANN to offer domain registration services. Examples include GoDaddy, Namecheap, and Google Domains.
- Reseller: Resellers, like Hostinger, sell domain registration services on behalf of registrars.
- Registrant (You): As the registrant, you hold rights to the domain for the registration period, but ownership is temporary and subject to renewal.
6. Conclusion
The selection of a domain name should be done carefully, with consideration for potential legal challenges, particularly when operating across borders. Being aware of the legal frameworks governing both gTLDs and ccTLDs, as well as understanding the dispute resolution systems in place, is critical for protecting your online assets. Ensure that the domain you choose does not conflict with existing trademarks or infringe on local laws to avoid costly and time-consuming disputes.
Notice
We will migrate this new website as we cannot wait until the hearing, which disrupts our business operations.
But we will still prepare for the hearing on 27th March 2025 as we must defend our rights. If we win, we plan to rebirth easymarketing.uk as a legal forum or a website supporting self-defense.