The Uniform Domain Name Dispute Resolution Policy (the UDRP Policy) is a legal framework for the resolution of domain name disputes between a domain name owner and he who is using the same or identical domain name in an abusive manner and in bad faith.
Following are some important terms in this issue:
- Registrar: is ICANN-accredited registrars that are authorized to register names in the gTLDs and the ccTLDs or the domain registration provider from whom the domains are purchased and who have adopted the Policy conceded to abide by and implement the policy for those domains.
- Registrant: is a person who owns the name or who has got registered in his name his desired domain.
- Third party: is a party other than the registrar and who is using the domain or identical domain in a bad faith and in abusive manner
- Generic top level domains or gTLDs (e.g., .biz, .com, .info, .mobi, .name, .net, .org)
- Country code top level domains or ccTLDs that have adopted the UDRP Policy on a voluntary basis.
- ICANN: Internet Corporation for Assigned Names and Numbers
- UDRP Policy: Uniform Domain-Name Dispute-Resolution Policy adopted on August 25 and 26, 1999 by the ICANN Board of Directors
- UDRP Rules: Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules” or the UDRP Rules) adopted on October 24, 1999 by the ICANN Board setting out the procedures and other requirements for each stage of the dispute resolution administrative procedure.
- Condition: Any person or entity wishing to register a domain name in the gTLDs and ccTLDs in question is required to consent to the terms and conditions of the UDRP Policy.
- Procedure: The procedure is administered by dispute resolution service providers accredited by ICANN. The WIPO Arbitration and Mediation Center (WIPO Center) is such a dispute resolution service provider.
- Supplemental Rules: The WIPO Center has also developed WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which supplement the UDRP Policy and Rules.
Any person or company in the world can file a domain name complaint concerning a gTLD using the UDRP Administrative Procedure. The UDRP Administrative Procedure is only available for disputes concerning an alleged abusive registration of a domain name; that is, which meet the following criteria:
- 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
- the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
- the domain name has been registered and is being used in bad faith
A complaint must be submitted in electronic form in accordance with paragraph 3(b) of the UDRP Rules and 12(a) of the WIPO Supplemental Rules. The Complaint can only be submitted on a prescribed format designed and suggested by WIPO and a Complaint has following features:
- A Complaint may include more than one domain names;
- The complaint may not be notarized;
- It is mandatory that a copy of the Complaint is sent to the Registrar and the other party;
- The Complainant has to submit a prescribed Fee to WIPO alongwith the Complaint for the WIPO Center and the Panelist;
- The Complaint is filed and submitted to WIPO only through online;
- The language of the Complaint can be English or the language of the Registration;
- Under UDRP Rules no In Person Hearing can be made with regard to a Complaint unless the Panelists decide so.
Intellectual Property Logium assists its clients to file UDRP Complaints with WIPO for the protection of their Domain Name.
