Uniform Rapid Suspension

URS(S) is the abbreviation for Uniform Rapid Suspension (System). It was designed exclusively to provide trademark owners with a quick and a low-cost process to take down websites infringing on their intellectual property rights. The URSS was proposed by the trademark groups within ICANN in an endeavor to cut back the large number of trademark infringements, including cybersquatting.

ICANN is currently in the process of searching for URS arbitrators in the price range of $300-$500/arbitration. They have reported that they are having trouble securing providers at that low of a price point. ICANN plans to have the system finalized by ICANN 45 in Toronto, Canada.

It was revealed in the budget for the 2013 fiscal year that ICANN plans to allocate $175,000 in order to host two summit sessions in order to bridge the gap between what the URSS protection is supposed to provide and the $300-500 per filing fee it has promised to the intellectual property community. They plan to redesign URS to arrive at a lower cost model.

Functioning of the URSS

URS is intended to provide a fast procedure to deal with clear cases of infringement. When a trademark holder files a complaint, the registrar immediately freezes the domain. The registrar then notifies to the company against which the complaint has been filed. The company then has 14 days to submit a response. If there is no reply from the company in 14 days, or if the response provided by the company is not reasonable, the domain name is suspended by the registry immediately. The domain name will not be deleted or transferred to the trademark owner, rather, the domain name will point to a mandatory URS placeholder page for the remaining registration period, unless the decision is reversed. The loser of the proceedings must pay for them.

Difference between URS and UDRP

The URSS was set up to provide trademark owners a fast and effective way to protect their trademarks, as an alternative to the Uniform Dispute Resolution Policy (UDRP). The main difference between the URSS and UDRP is that the URSS is stricter, and not anyone can file for URS. Unlike with UDRP, with URSS the domain name is never transferred; it stays with the owner though the owner is not able to have online active service for the rest of its registration. Also, unlike with UDRP, the URSS has an appeals process. The URS was intended as a more cost-effective alternative, as well.

Feedback

NTIA

In October, 2012, NTIA Assistant Secretary, Larry Strickling wrote to ICANN regarding its recent successes but also to implore it to continue to work on the Trademark Clearinghouse and the URS. Larry Strickling noted that ICANN had issued an update on the clearinghouse and a request for information searching for a URS services provider. NTIA encouraged ICANN to continue to allow stakeholders to evaluate and provide input on the the information presented by the applicants. It stressed that the URS was originally envisioned as an effective and low-cost alternative to the UDRP, and encouraged ICANN to ensure that cost concerns were kept in mind throughout their evaluation process. NTIA also encouraged ICANN to not stop working on the Intellectual Property mechanisms as is, but continue to explore other ways of ensuring that trademarks and brands remain safe within the landscape of current and new TLDs.

Uniform Domain Name Dispute Resolution Policy