Asserting your rights against cybersquatting of an .ETH domain name

Has your brand name already been registered as an .ETH domain name? Then you’re a victim of cybersquatting among Web3 domain names.

The first difficulty will be to contact the person who cybersquatted the .ETH domain name.

The owner of the NFT domain name is identified by a wallet made up of a series of numbers and letters that are difficult to remember (e.g.: 0x30FDDE740e9212cF958de…). As a result, this pseudonymity makes it difficult to identify the holder.

Unlike Internet domain names, Web3 domain names have no “whois” information. As a general rule, information such as a contact email, a first or last name or even a postal address associated with a wallet is not released by its owner.

Contact the holder of a cybersquatting .ETH domain name

Solidnames offers a “Legal Notice NFT” technical solution for asserting rights against the holder of a cybersquatted .ETH domain name.

It is technically possible to send an NFT to someone without the recipient’s consent. For this, Solidnames uses the “smart contract” of ENS (.ETH operator).

The NFT includes a customizable image and a link to the demand letter (PDF format). This demand letter is designed to defend and prevent unauthorized use of a trademark you own.

It can be drafted by your company’s legal department, your Industrial Property Attorney (IPA) or your IP lawyer.

The demand letter to the holder of the cybersquatted .ETH domain name can be sent via the wallet of your choice. Solidnames recommends that you send it via your law firm’s account, to give your demand letter greater weight.

If you don’t have an .ETH domain name, Solidnames can register an NFT domain name for you. Finally, you can also use Solidnames’ legal-notice.eth account to send this demand letter.

Give formal notice to the holder of an NFT domain name

This Legal Notice NFT (non-transferable by default) is then added to the holder’s NFT collection.

In particular, its aim is todraw the attention of the owner of the disputed Web 3 domain name and to initiate discussions for an amicable transfer of the squatted NFT domain name.

The demand document associated with LegalNFT can be set to private. In other words, it is only visible to the recipient, who must sign an access request with his wallet.

It can also be configured as public. This makes it visible to everyone. The lifetime of the NFT can also be set. It can be present in the cybersquatter’s collection for just a few days, or for much longer, such as a month or a year.

“Name and shame

Without a response from the cybersquatter, the strategy towards him can be more aggressive. If the “Legal Notice NFT” is public, it declares publicly that the person is acting wrongfully.

The cybersquatter is singled out for his bad behavior towards trademark law.

This “naming and shaming” may encourage the cybersquatter to respond to the rightsholder’s request.

If no response is forthcoming, brand representatives can send several NFTs until they receive a reply.

In the meantime, his NFT portfolio is discredited, full of NFTs denoting his bad behavior. His reputation is damaged. It is in his interest to respond favorably to the brand in order to negotiate a sale at a reasonable price.