UDRP

ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) defines how disputes over domain-name registrations are resolved in the global top-level domains (.biz, .com, .info, .name, .net, and .org as well as .aero, .coop, and .museum). The UDRP includes a mandatory, non-binding, low-cost administrative procedure to resolve a certain set of claims — namely, claims of abusive, bad faith registration. This means a bad faith violation of someone else's trademark. In situations other than these, the UDRP provides that disputes must be resolved by traditional means such as voluntary negotiation and lawsuits. The UDRP is part of the Registration Agreement that Internet users sign to register domain names in the global top-level domains. A copy of the policy is available at UDRP Policy.

Rita Rodin has worked extensively on matters relating to the Internet Corporation for Assigned Names and Numbers (“ICANN”) since its formation in 1998. These matters include representing clients as well as working on policy initiatives. For example, she represented two of the seven first new top level domain registry operators — Afilias, Ltd., operator of the .info registry, and Global Name Registry, operator of the .name registry. With respect to Afilias, she also assisted in the preparation of its successful bid to operate the .info registry. On the policy side, Ms. Rodin assisted in the drafting of ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is used today by thousands of companies to challenge domain name registrations. She also served as a member of the ICANN committee that drafted documentation to implement the UDRP. In 2002, Ms. Rodin was appointed by ICANN to chair an international task force that established the Policy Development Process that is now used by ICANN to develop and implement future ICANN policies.

Helpful information to file or respond to a UDRP

To file a UDRP you need to go to one of the providers, for example WIPO (The World Intellectual Property Organisation) or the National Arbitration Forum (FORUM). Any person or company in the world can file a domain name complaint concerning a .com, .net, .org, .biz, .info and .name domain name using the UDRP Administrative Procedure. Usually one would use a lawyer to file the complaint, or at least someone well versed in trade mark law.

The UDRP is aimed to settle disputes concerning an alleged abusive registration of a domain name; that is, which meet the following criteria:

(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights; and

(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and

(iii) the domain name has been registered and is being used in bad faith

It is important to respond to a complaint if you have a legitimate interest in the domain name.

Paragraph 4(c) of the UDRP Policy states that any of the following circumstances, in particular but without limitation, if found by the Administrative Panel to be proved based on its evaluation of all evidence presented, shall demonstrate the domain name registrant’s rights or legitimate interests to the domain name for the purposes of Paragraph 4(a)(ii) of the Policy:

(i) before any notice to the domain name registrant of the dispute, the registrant’s use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) the domain name registrant (as an individual, business, or other organization) has been commonly known by the domain name, even if the registrant has acquired no trademark or service mark rights; or

(iii) the domain name registrant is making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

In case of a dispute involving a domain name registered in a country code top-level domain (ccTLD), the UDRP Procedure can also be used, provided that the concerned ccTLD registration authority adopted the UDRP Policy on a voluntary basis. Examples of other TLDs that have a dispute resolution procedure based upon the UDRP are .EU and .FR

An Administrative Panel is engaged to decide each case and is composed of one or three independent and impartial persons appointed by the dispute resolution service provider that is selected to administer the dispute in accordance with the UDRP Policy and Rules. The Administrative Panel is independent of the dispute resolution service provider, ICANN, the concerned registrar(s) and the parties.

They have a large number of panelists drawn from across the world who decide the cases.

This "Helpful information to file or respond to a UDRP" entered by David Taylor