Domain Name Trademark Infringement: What Business Owners Need to Know
Written by JLG - September 23, 2025
As more companies operate online, disputes involving domain names and trademark rights have become increasingly common. If someone registers or uses a domain that is identical or confusingly similar to your brand name, it may qualify as trademark infringement. In some cases, it may also involve cybersquatting, which adds another layer of legal protection for trademark owners.
At Jafari Law Group, we work with business owners to protect their brands in both physical and digital spaces. If your trademark is being misused in a domain name, or if you are accused of infringement, it is important to understand how trademark law applies.
What Is Domain Name Trademark Infringement?
Domain name trademark infringement happens when someone registers or uses a domain name that creates a likelihood of confusion with an existing trademark. The key question is whether the domain name misleads consumers into thinking the website is connected to or endorsed by the trademark owner.
Example: If you own the trademark “SunGlow Skincare” and someone registers sunglowskincarestore.com to sell competing products, that use may create confusion and infringe on your trademark rights.
Infringement does not require bad intent. Even if someone believes they are acting legally, using a confusingly similar domain can still lead to legal consequences.
Common Signs of Infringement
A domain name may infringe on your trademark if:
- It includes your full mark or a confusing variation
- It directs users to a site offering similar products or services
- It is used to divert traffic from your business to a competitor
- It attempts to benefit from your brand’s reputation or visibility
Confusion is the central issue. The domain does not need to be identical to your mark, similarity in sight, sound, or meaning may be enough.
Cybersquatting and the ACPA
Some domain disputes go beyond infringement and qualify as cybersquatting. This involves registering, selling, or using a domain name in bad faith with the intent to profit from someone else’s trademark.
The Anticybersquatting Consumer Protection Act (ACPA) allows trademark owners to take legal action against cybersquatters and potentially recover:
- The transfer or cancellation of the domain
- Statutory damages
- Attorney’s fees (in some cases)
Bad faith may be shown if the registrant:
- Has no legitimate interest in the domain
- Tries to sell the domain to the trademark owner
- Uses the domain to mislead or harm consumers
- Has registered multiple similar domains targeting other marks
How to Respond to Infringing Domain Names
If you believe a domain name infringes your trademark, you have several options:
1. Send a Cease and Desist Letter
Often the first step, this letter informs the domain owner of the conflict and demands that they stop using the name or transfer the domain.
2. File a Complaint Under the UDRP
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a global administrative process used for certain top-level domains (like .com, .org). If successful, it can result in the transfer or cancellation of the domain without going to court.
To prevail, you must show:
- The domain name is confusingly similar to your trademark
- The registrant has no rights or legitimate interests in it
- The domain was registered and is being used in bad faith
3. Pursue Legal Action Under the ACPA
For .com domains or those registered in the U.S., you may file a federal lawsuit under the ACPA. This can lead to monetary damages and a court order to transfer the domain.
Preventing Problems Before They Start
Brand owners can take proactive steps to avoid domain disputes:
- Register your trademarks with the USPTO
- Register domain names that match or closely relate to your brand
- Monitor new domain registrations that include your trademark
- Act quickly if you discover potentially infringing activity
When to Speak With an Attorney
Domain name disputes can escalate quickly and often involve complex legal and technical issues. If you are unsure whether a domain name violates your rights, or if you have received a threat or complaint, an attorney can help you assess your options.
At Jafari Law Group, we offer strategic legal advice for resolving domain name and trademark conflicts. We represent both trademark owners and domain registrants and can help you determine the best course of action based on your goals. We offer a free consultation to discuss your situation and help you understand your legal rights. Contact Jafari Law Group to speak with an attorney today.