# How to Recover a Stolen or Infringing Domain Name > How to recover a domain name: tell infringement from a hijack, gather evidence, file a UDRP or URS, sue under the ACPA, or use the registrar/TDRP transfer process. Guide | Author: Lidiia Levitska | Source: Intellectual Property Law (outsideipcounsel.com) Canonical: https://outsideipcounsel.com/guides/how-to-recover-a-domain-name/
Quick answer: First figure out which problem you actually have. If someone else registered a domain that copies your brand, that is a trademark/cybersquatting issue. You gather evidence, try contact, then file a UDRP complaint (with WIPO or Forum) or, if you want damages, sue under the federal ACPA. If a domain you owned was stolen or transferred away without your permission, that is a hijack. You contact your registrar's abuse team immediately and, if needed, press your registrar to invoke ICANN's Transfer Dispute Resolution Policy (TDRP), which only registrars can file. These are different tracks; using the wrong one wastes time and money. This guide is general education, not legal advice. Have an attorney licensed in your jurisdiction review your specific facts.
Losing a domain, or finding your brand on one you never registered, feels like an emergency, and sometimes it is. But the single most important step costs nothing: correctly diagnosing the problem. The recovery paths for "someone copied my name" and "someone stole the name I owned" share almost nothing in common. This guide walks through both, in the order an experienced practitioner would. ## Step one: which problem do you actually have? Almost every domain dispute falls into one of two categories. **Infringement / cybersquatting.** Someone else *registered* a domain that is identical or confusingly similar to your trademark: for example, a misspelling of your brand, your brand plus a generic word, or your exact name in a different extension. You never owned this domain. Your goal is to take it *from* its current holder. (For background on what counts, see [what is cybersquatting](/guides/what-is-cybersquatting/).) **Hijacking / theft.** You *owned* the domain and lost control of it: through a stolen registrar password, a phishing attack, social engineering of support staff, or a fraudulent transfer to another registrar. Here the dispute is not about trademark rights at all; it is about an unauthorized change to an account or registration that was rightfully yours. The tell is simple: **did you ever own and control this exact domain?** If no, you are in the infringement track (UDRP/ACPA). If yes, you are in the hijack track (registrar/TDRP). Picking the wrong one is the most common and costly mistake. The UDRP, for instance, is built around trademark bad faith and is the *wrong tool* for an account theft. ## Step two: gather evidence now, before anything changes Whichever track you are on, build a record immediately, because infringers and thieves change things fast. - **Screenshot the live site and the WHOIS/RDAP record**, with visible timestamps. Registration data and content can change overnight. - **Save the full registration history** if you can. Services that archive WHOIS and the Internet Archive's Wayback Machine can show how the domain was used and when. - **Document your trademark rights**: your USPTO registration certificate (or proof of first use in commerce for common-law rights), and the dates you began using the mark. - **For a hijack**, collect your old registrar invoices, renewal receipts, DNS records, account emails, and any login or transfer-confirmation messages: anything proving prior ownership and the moment control was lost. - **Preserve communications** with the other party, and note any demands for payment, which can be powerful evidence of bad faith. A clean, dated evidence file is what makes every later step faster and stronger. ## Step three: try contact and negotiation (when appropriate) For an **infringing** domain, a measured outreach or a formal cease-and-desist letter sometimes resolves things without a filing, especially against a registrant who did not realize the name was protected. Be careful, though: a clumsy threat can tip off a sophisticated cybersquatter to lock things down or demand a higher price. Many practitioners send a demand only after the evidence file is complete. (A related approach is covered in our [trademark cease-and-desist guide](/guides/trademark-cease-and-desist-letter/).) For a **hijack**, skip negotiation with the thief entirely and contact your registrar. This is a security incident, addressed below. A word of caution on *buying it back*: paying a squatter can be the fastest route, but it rewards the conduct and may invite repeat targeting. Weigh it against the formal options below. ## Step four: file a UDRP (or URS) for an infringing domain The **Uniform Domain Name Dispute Resolution Policy (UDRP)** is the workhorse remedy for cybersquatting. Every ICANN-accredited registrar requires registrants to submit to it, so you do not need the squatter's agreement to use it. To win, you must prove **all three** elements: 1. The domain is **identical or confusingly similar** to a trademark in which you have rights; 2. The registrant has **no rights or legitimate interests** in the domain; and 3. The domain was **registered and is being used in bad faith**. You file with an approved dispute-resolution provider, most commonly the **[World Intellectual Property Organization (WIPO)](https://www.wipo.int/amc/en/domains/)** or the **Forum** (formerly the National Arbitration Forum); the Czech Arbitration Court is another option. A panelist (or three-member panel) reviews the complaint and response and issues a decision. The process is fast and paper-only (typically about **two months** start to finish), and the respondent generally has **20 days** to answer. The **only outcomes are transfer or cancellation** of the domain; the UDRP awards **no money damages**. Provider fees for a single-panelist case commonly run in the four figures, plus any attorney fees. A lighter-weight cousin, the **Uniform Rapid Suspension (URS)** system, exists for the newer generic top-level domains (like .shop or .xyz). It is cheaper and faster but applies a **higher "clear and convincing" standard**, and a win only **suspends** the domain for the remainder of its registration. It does **not transfer** ownership to you. URS suits the most clear-cut abuses where you mainly want the bad site dark. For a fuller comparison of when each tool fits, see [UDRP vs URS vs ACPA](/guides/udrp-vs-urs-vs-acpa/). ## Step five: when to go to federal court (the ACPA) The **[Anticybersquatting Consumer Protection Act (ACPA)](https://www.law.cornell.edu/uscode/text/15/1125)**, part of U.S. federal trademark law, is the litigation path. You would consider it when the administrative route falls short: for example, when you want **money damages**, when the registrant is a serial or sophisticated bad actor, when there are related claims (broader infringement, fraud), or when a UDRP loss needs to be challenged in court. Under the ACPA, a plaintiff must generally show the defendant registered, trafficked in, or used a domain that is identical or confusingly similar to a distinctive or famous mark, **with a bad-faith intent to profit**. Unlike the UDRP, a court can order **transfer of the domain and award statutory damages of 1,000 to 100,000 US dollars per domain** at its discretion, a meaningful deterrent. The ACPA even allows certain *in rem* actions against the domain itself when the registrant cannot be located or is overseas. The trade-off is that litigation is slower and far more expensive than a UDRP, so it is usually reserved for higher-stakes situations. An attorney licensed in your jurisdiction can tell you whether your facts justify it. ## Step six: recovering a hijacked domain (registrar and TDRP) A hijack is a **security and ownership** problem, not a trademark one, and speed matters enormously. 1. **Contact your registrar's abuse/security team within hours.** Report the unauthorized access or transfer and ask them to lock the account and reverse changes. Registrars can often act quickly if the domain has not yet left. 2. **If it was transferred to a different registrar, contact that "gaining" registrar too**, with your proof of prior ownership. Many will cooperate to undo a clearly fraudulent transfer. 3. **Reset and secure everything**: change passwords, enable two-factor authentication, and regain control of the email account tied to the domain (often the real entry point). 4. **Ask your registrar to bring a Transfer Dispute Resolution Policy (TDRP) complaint** if the registrars cannot sort it out informally. The TDRP is ICANN's formal mechanism for disputes over **inter-registrar transfers**, including allegedly fraudulent ones. Note the limit that trips people up: the policy defines the complainant as either the losing registrar or the gaining registrar, so **a registrant cannot file a TDRP directly**. Your leverage is on your own registrar. A TDRP dispute must also be filed no later than **12 months** after the alleged violation of the Transfer Policy. Timelines run from about a week (if registrars cooperate at once) to a few months through a full TDRP process. 5. **Consider law enforcement and counsel** for outright theft, especially where fraud or large losses are involved; a court order is sometimes the fastest way to compel a transfer back. Note the dividing line again: the **TDRP targets the *transfer***, while the UDRP targets ***trademark* bad faith**. If you owned the domain and it was stolen, your tools are the TDRP and your registrar, not the UDRP. ## The bottom line Recovering a domain is mostly a matter of diagnosis. Ask first whether someone *registered* a name that copies your brand (infringement) or whether a name you *owned* was taken (hijack). For infringement, gather evidence, weigh a demand letter, then file a **UDRP** (or **URS** for a quick suspension), and escalate to an **ACPA** suit when you need damages or face a serial offender. For a hijack, move fast through your **registrar's abuse team**, push it to raise a **TDRP** complaint if it will not resolve the transfer informally, and lock down the email and account that made the theft possible. Start with the lightest step that actually solves your problem, keep a dated evidence file from day one, and read the deeper [Domain & cybersquatting pillar](/guides/domain-names-and-cybersquatting/) and our other [trademark guides](/topics/trademarks/) for context. *This guide is general educational information about U.S. intellectual property and domain dispute processes. It is not legal advice, does not create an attorney-client relationship, and is not a solicitation. Domain and trademark disputes turn on specific facts and deadlines. Consult an attorney licensed in your jurisdiction before acting.* ## Frequently asked questions ### What is the difference between a domain that infringes my trademark and a hijacked domain? An infringing domain is one someone else registered that copies your brand. You never owned it, and you recover it through a UDRP complaint or an ACPA lawsuit. A hijacked domain is one you owned and lost control of through theft, fraud, or an unauthorized transfer. You recover it through your registrar's abuse team, not the UDRP. ICANN's Transfer Dispute Resolution Policy (TDRP) can undo an inter-registrar transfer, but under its own terms only a losing or gaining registrar may file a TDRP complaint, so a registrant has to get a registrar to bring it. ### How long does a UDRP case take and what does it cost? A typical UDRP proceeding concludes in about two months. Provider filing fees commonly run around 1,500 US dollars for a single-member panel, and attorney fees often add a few thousand more. The only remedies are transfer or cancellation of the domain. The UDRP does not award money damages. ### Can I get money damages from a cybersquatter? Not through the UDRP or URS. To seek damages you generally must file suit in federal court under the Anticybersquatting Consumer Protection Act (ACPA), which allows transfer of the domain plus statutory damages of 1,000 to 100,000 US dollars per domain at the court's discretion. An attorney licensed in your jurisdiction can assess whether your facts support an ACPA claim.