Internet domain disputes

Dispute Resolution

Domain name disputes are one of our specialities. We have successfully participated in the recovery of domains belonging to world-renowned brands in proceedings before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications (.pl domains), as well as before the Arbitration Court in Prague (ADR) (.eu domains) and before WIPO in Geneva (.com domains).

Internet domain disputes

Top-level domains (.com, .eu, .pl) are becoming an important element of corporate identity and marketing, hence their value is increasing. The Internet is not only a tool for unlimited access to potential customers, but also an additional area for abuse and infringement of a company’s brand. Wiński Law Firm has experience in negotiating the terms of sale of Internet domain names, pursuing claims for cessation of infringements and transferring rights to Internet domain names to authorised entities. We have successfully represented clients in proceedings before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications, as well as in .eu domain cases before the Arbitration Court in Prague (ADR) and .com domain cases before WIPO in Geneva. We are proud to have had the opportunity to successfully represent our clients in internet domain disputes in Poland and Europe for brands such as Audi, Opoczno, Lidl, Lufthansa, Vredestein, Trans.eu, and others. OUR APPROACH. Thanks to many years of experience in internet domain disputes, we use modern and effective means of litigation risk analysis and optimal methods of internet domain recovery. We analyse all available sources of information using public registers, whois information, and data from internet archives. OUR STRATEGY. In each case, it primarily involves securing available evidence of infringement and preventing the infringer from transferring the domain to a third party. In other words, we prevent the infringer’s actions in advance, which may hinder the achievement of the client’s goal and the recovery of the domain name to which they are entitled. Based on an analysis of the factual and legal aspects of the case, we recommend the optimal path for the client to pursue their rights to the disputed domain name. In particular, we recommend whether the case is suitable for arbitration before an arbitration court for .pl, eu, and com domain names, or whether it would be more advantageous to refer the case to traditional proceedings before a common court. SERVICE STANDARDS. Good communication, understanding of needs and realistic feedback form the basis of our cooperation with clients. We provide clients with an accurate and realistic assessment of their case. We take all necessary actions without delay. Our experience in such cases requires us to take aggressive action if the state of the case or the attitude of the infringer so requires. Thanks to our efficient back office, the client receives regular reports on the status of the case, the action plan, events in the proceedings and forecasts for the further course of the case. Wherever the status of the case depends on a court decision or the actions of the opposing party, we take reasonable measures and exert reasonable pressure to expedite the process.

Scope of service

  • Legal analysis of domain name recovery (including review of prior use, WHOIS data, assessment of trademarks and other exclusive rights, legal strategy, SWOT report)
  • Pre-trial proceedings (including domain transfer blocking, securing evidence, cease and desist letters, amicable negotiations, preparation and execution of settlements)
  • Domain name recovery in arbitration proceedings (including drafting arbitration requests and clauses, preparing statements of claim, communicating with arbitration centres, filing procedural motions, recovering domain names)
  • Recovery of domain names before common courts (including preparation of statements of claim, communication with courts, filing procedural motions, appeals and enforcement of court rulings)
  • Monitoring and acquiring domains through auction platforms
  • Legal advice on domain names, trademarks, copyrights, company names, as well as infringement of reputation, renown or personal rights

Experience

We have successfully represented clients in proceedings before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications, as well as in .eu domain cases before the Arbitration Court in Prague (ADR) and .com domain cases before WIPO in Geneva.
We are proud to have successfully represented our clients in domain name disputes in Poland and Europe for brands such as Audi, Opoczno, Lidl, Lufthansa, Vredestein, Trans.eu, and others.

Practice manager

Marek Wiński

Attorney at Law | EUIPO Representative

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Customers opinion

Winski Law Firm provides high-quality, jargon-free trademark counsel and is one of the more dynamic firms on the Polish scene with cost-effective, business-savvy approach.

World Trademark Review WTR 1000
2022

Effective lawyer Marek Wiński has great communication skills and is always honest in his assessments.

World Trademark Review WTR 1000
2021

The Wiński Law Firm stands out for its innovative approach, responsiveness, and individual client care.

Adam Parfiniewicz, President of the Board
ULTIMO SA

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Wiński Kancelaria

Kancelaria Radcy Prawnego
Marek Wiński
ul. Partyzantów 101/4
51-679 Wrocław
  • NIP 898-186-91-20
  • REGON 932222383

Our offices

Wrocław
ul. Leszczyńskiego 4/80
50-078 Wrocław
Warszawa
ul. Mokotowska 1
00-640 Warszawa