UDRP (Uniform Domain Name Dispute Resolution Policy)

UDRP was developed as an extension of Trademark Law to deal specifically with disputes over Internet domain names. Because registration of domain names is a global activity, US Trademark Law by itself was not an acceptable solution. UDRP not only recognizes the rights of owners of registered trademarks, but also recognizes the rights of unregistered trademarks and famous names. All accredited Domain Name Registrars are required to adopt UDRP. Anyone registering a domain name must also agree to be held to UDRP.

UDRP has two procedures: local and international. Each procedure is a bit different.

Local UDRP Domain Name Procedures

Local UDRP procedures deal with disputes where both parties are disputing the registration of a domain name ending in a country code extension. Countries have been assigned a two digit extension such as .US for the United States, .CA for Canada and .UK for the United Kingdom. Each country has developed its own procedures based on its laws for local UDRP disputes involving country codes.

International UDRP Domain Name Procedures

International UDRP procedures involve top level domain name extensions such as .COM, .NET, .ORG, .NAME, .BIZ and .INFO. ICANN developed and maintains the international procedures for UDRP. Over 10,000 domain name disputes have been handled since UDRP was implemented in 1999.

UDRP Procedures

The person or entity making the complaint about a domain name registration (complainant) initiates the UDRP proceeding by filing an electronic complaint and paying the initial fee. The respondent (person or entity against whom the domain name registration complaint has been filed) may request additional UDRP panelists to hear (read and decide) the parties filings. In this case, the total cost of the UDRP action is divided between the complainant and the respondent. Statistically to date, when additional panelists are requested by the respondent, more decisions have been favorable for respondents. Is this direct correlation or just a fluke?

Fees for a UDRP dispute hearing by one person currently start at $1,500.00. This is just the fee paid for the hearing, administrative fees and writing of an opinion. It does not include the cost of an experienced attorney preparing your submission and documentation. If more panelists are requested or more than one domain name is in dispute, there are additional fees.

One or more panelists deciding a UDRP dispute is called a tribunal.

The tribunal hearing a UDRP domain name dispute is very limited in the actions they can order. Unlike a court of law, the UDRP tribunal cannot grant money judgments for trademark infringement, business losses, etc. And, as mentioned before, UDRP tribunal orders are not legally binding upon the parties. An unsuccessful party to a UDRP proceeding may file suit in court. However, if court litigation is not instituted within 10 days of the UDRP decision, the registrar of the domain name is bound to take the action ordered by the UDRP tribunal.

UDRP Actions

The first action a tribunal can order is a simple transfer. Here, the tribunal orders for the domain name to be transferred to the successful party once they have proved their substantial entitlement to the domain name.

A UDRP tribunal may also order a cancellation. Here, the domain name registration is cancelled. This is usually done when the complainant doesn't really want to use the domain name but in the interest of protecting their intellectual property they want to prevent another party from diluting or defaming their trademark.

UDRP Evidence

Courts of law have strict rules of evidence. UDRP tribunals do not. Types of acceptable evidence for submission to a UDRP tribunal include:

• Correspondence between the parties concerning the domain name in question
• Legal notices such as cease and desist letters
• Evidence supporting an attempt to extort money for the domain name
• Any evidencing showing the holder of the domain name is the rightful trademark or famous name of one of the parties

If you would like to consult an attorney regarding a possible UDRP action, contact Domain Name Lawyers today.