Un domain It may seem like a small thing, a mere web address. But, in practice, they directly affect a company's online identity.
When a company builds its digital identity, A domain name is no longer just a technical element. It's part of your brand, your reputation, and often the first point of contact with customers, suppliers, or users. Therefore, when a third party registers a domain that is identical or very similar to another brand, the problem goes far beyond a mere formality. It can affect web traffic, sales, consumer trust, and even the security of the business itself.
This phenomenon, known as cybersquattingIt's not new. However, it remains fully relevant. In fact, the World Intellectual Property Organization (WIPO) administered in 2025 6.282 cases related to domain names, the highest figure since it began providing this service 25 years ago.
What is cybersquatting and why does it affect brands?
La cybersquatting In general terms, it involves registering a domain name that reproduces, imitates, or improperly approximates another person's trademark. In many cases, the objective is speculative: to later sell the domain to the legitimate trademark owner. In others, the risk is even greater: redirecting traffic, capturing data, impersonating the company, or taking advantage of its reputation.
The very nature of the domain registration system allows that, unlike what happens with trademarks, it can be done registration without a prior exam Check for potential conflicts with prior rights. If the domain is available, you can register it.
This explains why small variations can have significant consequences. Adding a letter, changing an extension, introducing a hyphen, or using a similar spelling can be enough to create a domain that is technically different but commercially very close to the original.
For a company, the damage can occur on several levels: loss of visits, confusion among customers, reputational damage, exposure to fraud, or interference in marketing campaigns.
Domain names and brands: distinct assets, connected risks
It is important to distinguish between two ideas. One domain name It is not, in itself, a brand. Its main function is to identify a Internet address. The brand, instead, identifies the business origin of products or services and grants its holder an exclusive right within certain limits.
However, in practice, both assets are closely connected. A strong brand typically needs a consistent digital presence. And a poorly protected digital presence can become a weakness for the brand strategy.
Therefore, the domain management It shouldn't be approached as a purely IT or administrative matter. It's part of protecting the company's intangible assets. Just as you check the availability of a brand before launching it, it's also important to analyze which domains should be registered, which extensions are relevant, and which variations could pose a risk.
The UDRP: an extrajudicial way to recover domains
To address these types of conflicts, the following was created: Uniform Domain Name Dispute Resolution PolicyKnown as UDRPThis is an out-of-court procedure that allows trademark holders to claim the transfer or cancellation of domains registered in bad faith.
The procedure is usually faster and more efficient than going directly to court. Furthermore, it allows disputes to be resolved regardless of the parties' location.
WIPO's new accelerated service: a response to the time factor
In this context, the introduction of a expedited service within the UDRPThe possibility of obtaining a decision in a maximum term of 30 daysIn certain cases, it responds to a very specific need: to reduce the time during which a potentially infringing domain remains active.
This is not about replacing the standard procedure, which will remain sufficient in many cases, but about offering a alternative For those cases where speed is especially important. For example, when the domain is causing actual harm or when there is a clear risk to a company's online identity. In these scenarios, every day counts.
When might it make sense to use the fast track?
The accelerated route requires certain conditions such as absence of procedural incidents, quick response from the parties and effective collaboration from the registrarTherefore, we are not dealing with an automatic mechanism, but with an option designed for situations in which certain conditions are met.
Furthermore, this route involves a additional costThis makes it necessary to assess, on a case-by-case basis, whether the urgency justifies resorting to the accelerated service or whether the ordinary procedure is sufficient.
Protecting your brand online requires anticipation and speed.
The evolution of the UDRP and the incorporation of an accelerated pathway reflect a adapting the system to the current realityThe digital environment is faster, more exposed, and more complex than it was 25 years ago. Conflict resolution mechanisms must respond to that same logic.
La cybersquatting It persists because registering a domain remains simple and inexpensive, while the value of a brand and its online presence continues to grow. In this balance, instruments like the UDRP remain essential for rights holders.
En ELZABURU We help innovative companies protect, manage and enhance the value of their intangible assets, supporting them in protecting their brands and domain names through strategic advice that ranges from registration and portfolio management to monitoring and defending their rights in any jurisdiction.
Luis Beneyto, Partner in the area of Partner Brands by ELZABURU
Frequently asked questions about cybersquatting and domain names
What is cybersquatting?
Cybersquatting is the registration of a domain name that reproduces or imitates someone else's brand, usually for speculative purposes, to divert traffic or to take advantage of the reputation of that brand.
Is a domain name the same as a brand?
No. A domain identifies an internet address, while a brand identifies the business origin of products or services. Even so, both assets are connected and should be managed in a coordinated manner.
What is the UDRP?
The UDRP is an out-of-court procedure that allows you to claim the transfer or cancellation of certain domain names registered in bad faith when they affect prior trademark rights.
When is it appropriate to use the accelerated route?
It can be useful when the infringing domain poses an urgent risk to the company: impersonation, active campaigns, traffic diversion, data collection, or impact on strategic markets.
