Following initial exploration of a potential IPO on the London Stock Exchange in 2021, steakhouse chain Hawksmoor has hired investment bank Stephens to identify a buyer, in a deal valuing the business at around £100 million.

At any time when a business is considering purchase, it is crucial to ensure that its IP portfolio (including domain names) is in good shape. In this study, we consider the landscape of potential third-party domain infringements targeting Hawksmoor, and consider the implications for the brand owner.

Sample infringements

Figure 1 shows four identified examples of websites hosted on third-party domain names referencing the Hawksmoor name, each of which illustrates different considerations regarding recommended requirements for the brand owner’s official domain portfolio:

1. webhawksmoor.com – This domain, featuring just the brand name together with a generic keyword (‘web’) on a key domain name extension (TLD) i.e. .com, resolves to what appears to be an imitation/ lookalike site (noting that the screenshot has been translated from the original Spanish). This type of infringement highlights the need for an ongoing proactive brand protection programme of monitoring and enforcement.
   
   
2. thehawksmoor.co.uk – This site has been parked with pay-per-click (PPC) ads, providing a means of monetising the site for its owner and also presenting the potential to misdirect visitors to competitor sites. This example also highlights the importance of considering generic keywords such as ‘the’ in any domain registration policy, particularly if this is how the brand is typically referenced (noting that Hawksmoor’s main official site is thehawksmoor.com).
   
   
3. hawksmoore.co.uk – This example highlights how typos, or brand variants, can be targeted by third parties if not included in a brand owner’s own defensive portfolio. This illustrates the importance of consolidating a robust set of domains under official ownership.
   
   
4. hawksmoor.net – This domain is significant because the name consists of just the brand name, on a popular key TLD. The presence of this third-party registration provides a lesson in the significance of securing primary brand-name-only domains across major extensions. In this case, the domain was actually originally registered in January 2003 (potentially prior to Hawksmoor’s registered rights), and may require some sort of purchase or acquisition process if the brand owner wished to bring it into their portfolio.

Figure 1: Examples of websites hosted on third-party domain names referencing the Hawksmoor name

Key take-homes

Domain portfolio consolidation is a primary business consideration for brand owners. A robust portfolio should encompass both any core domains used for the day-to-day operations of the business, together with a tactical set of defensive and strategic domains. 

When constructing a defensive portfolio, the registration policy must include consideration of brand name variants, significant keywords, and relevant domain extensions (TLDs).

TLD coverage should include consideration of the primary countries of business operation (i.e. country-specific ccTLDs) and relevant new-gTLDs. New-gTLDs can include geographic examples (e.g. .london, .nyc) and industry-specific extensions (e.g. for Hawkmoor, potentially .restaurant, .kitchen, .food, .store, etc.).