UDRP (Uniform Domain Name Dispute Resolution Policy)

It is possible to unintentionally register a domain name for which a third party owns a right. When this happens, the third party has the right to recover the domain name through the Uniformed Domain Name Dispute Resolution Policy (UDRP) or through court litigation.

A trademark holder does not have an automatic right to claim a domain name encompassing the trademark. Ownership of a registered trademark is only one of three criteria used under UDRP to determine appropriate possession of a domain name registration. In addition, the person attempting to recover a domain name must prove that the current registrant has no legal right in the domain name and that their registration of the same was in bad faith.

Only a qualified and experienced trademark attorney can assess your possible legal rights to a domain name. If you wrongly begin an administrative proceeding or a court action against a registrant of a domain name, you greatly reduce the likelihood of reaching an agreement for purchase of that registration right.

Domain Hijacking

A wrongful action against a domain name registrant may be viewed as domain name hijacking. Domain name hijacking is a bad faith attempt to force a domain name registrant to give up a domain name registration. Do not give up your rights to a domain name which you registered legitimately just because some big dog comes along and kicks sand in your face, claiming a registered trademark. Consult an experienced trademark attorney to discover your rights.