Domain Name Disputes

Domain Name Disputes

Uniform Domain Name Dispute Resolution Policy (UDRP)

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names.

The UDRP permits trademark holders to seek the transfer or cancellation of domain names that they believe infringe on their trademark rights, without resorting to litigation.

The purpose of the UDRP is to create an expedited administrative process for resolving domain name disputes. This process is meant to be quicker and less expensive than a standard legal challenge.

 

A successful UDRP complaint must establish three elements:

1. The domain name is identical or confusingly similar to a trademark or service mark in which
the complainant has rights;

2. The registrant does not have any rights or legitimate interests in the domain name; and

3. The registrant registered the domain name and is using it in “bad faith”.

If a party loses a UDRP proceeding, in many jurisdictions it may still bring a lawsuit against the
domain name registrant under local law. If a domain name registrant loses a UDRP proceeding, it
must file a lawsuit against the trademark holder within ten days to prevent ICANN from transferring
the domain name.

 

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