UDRP must be followed by all accredited domain name registrars and agreed to by anyone registering a domain name. ICANN makes it clear that the agreement is between the person registering the domain name and the domain name registrar.

Those registering domain names are required to submit to a mandatory administrative proceeding in the event that a third party asserts that:

• the domain name is identical or confusingly similar to a trademark or service mark in which the third party has rights; and
• the person registering the domain name has no rights or legitimate interests in respect of the domain name; and
• the domain name has been registered and is being used in bad faith.

Of course this does not prevent the third party from bypassing this administrative procedure and going directly to court. The registrant of the domain name must disprove the above allegations by proving at least one of the following:

• Prior to the third party complaint, the domain name registrant can show use 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


• The domain name registrant’s business has been commonly known by the domain name, even if they have not acquired trademark or service mark rights; or
  
  
• The domain name registrant is making a legitimate noncommercial 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.