It's easy and inexpensive to register company names and domain names that are available. This represents both an opportunity and risk.
Domain name registrars and resellers do not check third party rights and do not require domain name registrants to prove that they have the rights in any domain names they wish to acquire.
Similarly, Companies House does not require registrants to show rights in the names that they wish to register. The registrar can reject name applications which are the same as, or too similar to, an existing company name. However, only minor differences are necessary to avoid this form of rejection.
This can lead to opportunistic company name registrations and bad faith domain name registrations, where unconnected entities register companies and domains using third party names, brands and trade marks. While clients typically register company names and domain names themselves, we are able to assist with the enforcement of such rights where infringement is identified (whether acting for claimant or defendant) and can provide solutions for overcoming conflicting registrations.
Talk to our team by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form.