Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more convincing. With little more effort than a few prompts of an AI program, scammers are able to quickly set up seemingly legitimate websites with text, images, and even video that can look and sound like the real thing. Online consumers, even those savvy enough to recognize your typical email phishing scam, may be fooled by professional-looking websites imitating existing businesses and organizations for less than savory reasons.

For brand owners, the consequences of these imitators can be myriad, including a loss of brand control, irate consumers looking for someone to blame, and ultimately a hit to your bottom line. Indeed, according to the FBI’s 2023 Internet Crime Report, Americans reported over $7.5 billion in losses stemming from intellectual property-related cybercrimes in 2023, up from 2022. Adding to this problem is the fact enforcing your rights against scammer sites can be costly and time-consuming. Scammers themselves are often anonymous and unsurprisingly unlikely to make themselves readily identifiable or easy to track down. Domain registrars and web hosts may require brand owners to navigate byzantine reporting channels in order to flag problematic conduct. And the resources required attempting to litigate every offending domain in court can make it an untenable option for many.