What are my rights when someone else owns my Domain?

by Chirpy Domains 2 min read

If you discover that someone else has registered a domain name that matches your business name, brand, or trademark, it can feel frustrating — especially if you believe you have a stronger right to use it. This is particularly true if you once owned the domain in question but forgot to renew it. In Australia the governing body for the .au domain space, auDA, provides a process called the .au Dispute Resolution Policy (auDRP) to help resolve these kinds of conflicts.

The auDRP is designed to address cases where a domain name has been registered unfairly or in bad faith. For example, you may be able to use the auDRP if:

  • The domain name is identical or confusingly similar to your registered trademark, company name, or brand.
  • The current holder has no legitimate reason for owning or using that domain.
  • The domain was registered or is being used in bad faith — for example, to block your business, mislead your customers, or demand payment for the name.

It’s important to understand that simply wanting a domain, or feeling you “deserve it more,” is not enough. The auDRP is not a venue for negotiating with legitimate domain owners. It is for resolving clear cases of misuse. If the person who registered the domain has a genuine reason — such as using the name for their own business — then you may not succeed. Multiple businesses can have similar names, and therefore equally valid claims to a particular domain name.

The process itself is independent and handled by accredited providers, not auDA directly. You’ll need to lodge a complaint, provide evidence, and usually pay a fee. An expert panel will then review both sides’ arguments and decide whether the domain should be transferred to you, cancelled, or remain with the current holder.

For many businesses, the auDRP offers a quicker and less expensive alternative to going to court. It is particularly valuable if you hold a registered trademark, as that gives you strong grounds for claiming a domain.

In short, your rights depend on whether the registration was legitimate. If you believe someone has taken a .au domain name in bad faith, the auDRP may be the right path to reclaim it. If not, you may need to consider alternatives — like registering a different domain or negotiating directly with the owner.