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UDRP Legal Cost to File a UDRP and Other Questions

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Our business is named XYZ, LLC and we do business as XYZ (really stands for something else). This is an active, legitimate, licensed business we’ve had for over five years. We have a domain registered as XYZ.com and we also reserved several other similar sounding names that we don’t use.

Foolishly, we did not register XYZLLC.com but someone else did recently and they use our home address on their site. I imagine this was obtained from public information. I understand when you call, they even answer using my real name. They are using this site to scam others out of a lot of money.

Wisely, someone used this info to do a skip trace and found me. They pointed me to the bogus website and I was horrified. Since then, I have received other phone calls from other victims and reported this to a number of authorities including the domain host. Naturally, all I have heard are crickets.

I recently contacted an IP attorney about filing an UDRP to gain ownership of the domain. Unfortunately, I didn’t file a trademark but the lawyer says I still have a reasonably strong case. (Not a slam dunk I guess, because I didn’t file the trademark??).

I’m obviously new to all of this and also very naïve so I have a few questions:
1) The Lawyer wants $5000 to file the UDRP. Not sure at this point if it includes the $1500 panelist fee to WIPO. Is this reasonable?
2) Is there anything specific I should ask or request of this lawyer?
3) Is there anything else I can or should do?

Thank you.
 
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Wow that stinks!

@jberryhill is a smart domain attorney and @robmonster is super helpful with a great team at Epik.com

It sure sounds like a slam dunk case of cybersquatting to me! I hope you can get them arrested and get monetary damages awarded to you!
 
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Hi, sorry to hear about your situation.

Your problem is not unique; This happened to a multi-billion international companies.

One of a large dental supply company I consulted with (non domain related work), missed a domain name of of one of their popular products. One of their competitor bought it and redirected to the competitors e-commerce site.

I’d suggest shop around for the lawyers, find out their experience levels for similar cases. Besides UDRP, you could have a lawyer draft and send cease and desist letters to the domain owner, the ISP, and even the registrar.

This is seems more than just squatting on a domain name, it is a full fledge fraud, a punishable crime. You should also active my warn your existing customers, put up warning message on your website and even your voicemail messages.

You may also want to consult an SEO specialist to find out how someone could have found the fraudulent website instead yours (hint: Google ) and act accordingly.

Good luck!
 
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I have had it done to me in past I had a dot com and they had a dot de and were scamming and it maybe happening again. I have another dot com that someone has created a crypto currency with same name. Not sure how legit was never contacted to buy domain and apparently millions in pool so.. They are trading under dot me. Some people will retaliate to wrong people which sux. But who invests big money in anything without trying to buy out the generic name holder. My alarm bells ring a bit and I haven't really looked much into it although thinking of putting up a disclaimer on page to deter problems.
 
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I wouldnt even go the UDRP route here. I think you have a matter of criminal impersonation going on here. You do not have to be a Bill Gates to be criminally impersonated.
https://definitions.uslegal.com/c/criminal-impersonation/

If this were me I would start with securing a criminal attorney and asking for them to write a nice little letter to them, for whatever that fee is. Also, I would strong consider contacting the FBI (I assume you're in the USA - if not you'd have to find a similar law enforcement group).

Then I'd take that letter to the registrar and demand the domain(s) be shut down.

Hopefully you're both in the same country so a legal remedy can be applied and made to stick. Keep us posted!
 
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This sounds a lot more serious that just a case of an infringing domain.

I would venture to say there are several crimes being committed if the situation is as you presented it.

Brad
 
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Thanks to all of you for your advice.

It is absolutely full-fledged fraud, punishable as a crime, @winst , and it astonishes me how easy it is to get away with. The “problem” I have, is that I haven’t lost a dime. Can‘t say the same for the poor guy who called me after being taken for $17k in wire transfers. I’m in the US, as is the registrar. I have no idea who or where the scumbag is that’s doing this.

I’ve reported to the registrar, my local PD, FBI (thru IC3), and the SEC. There are plenty more places I could report to but it appears to be a fruitless waste of time since no one seems to care. I’m told this likely won’t happen until they receive complaints totaling at least into the hundreds of thousands of dollars and this apparently, hasn’t happened.

My issue is that the website, which has an extremely professional look, has my home address on it and I don’t need an angry victims showing up at my door. This guy is trolling message boards related to our industry and directing his victims to his bogus site for credibility. No SEO required. He has what’s probably a Google voice number in a city near our home and I’m told he answers the phone as me.

I have several options, ranging from doing nothing to filing a UDRP. It’s doubtful this guy would contest it since he’d have to reveal himself. For all I know, he’s a 15-year-old kid doing this from the basement of his parent’s home in the Ukraine.

Thanks again to all of you for the advice. I’ll report back.
 
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Thanks to all of you for your advice.

I’ve reported to the registrar...

Sometimes people will only take things seriously (registrars, hosting companies) if the phone call or a registered letter is coming from a lawyer, if you haven't done it already.
 
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Yes, 5k inclusive of the DRP’s fee is reasonable.
 
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