What Is A UDRP?

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Since 1998 the Internet Corporation for Assigned Names and Numbers, or ICANN, has operated the allocation of all domain names. ICANN is a not-for-profit public-benefit corporation that develops policy on the Internet’s unique identifiers. The Uniform Domain Name Dispute Resolution Policy was adopted by ICANN in 2000. Since the UDRP’s adoption all global top-level registers are required to adopt the ICANN Uniform Domain Name Dispute Resolution Policy as part of every domain name contract. 

The list of top-level domains is an extensive list of the end part of domain names that are the most commonly used. They include .com, .org, .net, and so on. A complete list of the top-level domains can be found here. Simply stated, if a domain name ending is on this list, the holder of the domain name must follow the rules and procedures laid out by the Uniform Domain-Name Resolution Policy.

The UDRP is a process for the resolution of disputes regarding the registration of internet domain names. Individuals and companies that hold a federally registered trademark or have common law trademark rights can file a UDRP complaint against an infringing domain name holder to have the domain name cancelled, suspended, or transferred to them. From Julia Roberts’ acquisition of <juliaroberts.com> to Google’s acquisition of <googlemontenegro.com> to Sephora’s acquisition of <sefora.com> the UDRP process has been used to stop domain names from infringing on the intellectual property rights of companies, non-profits, and individuals for nearly two decades. 

In order to win a UDRP complaint, the filing party must prove three elements:

1. That the challenged domain name is identical or confusingly similar to a trademark or service mark in which the filing party has rights; and 
2. That the domain name holder has no rights or legitimate interest to the domain name; and
3. That the domain name has been registered and is being used in bad faith.

Filing parties with a federally registered trademark tend to have the best chance of success in the UDRP process. However, there are also many notable cases of individuals and entities winning UDRP complaints by asserting common law trademark rights to a disputed domain name.

The UDRP process is the fastest and most cost-efficient system through which an individual can take back a domain name that is rightfully theirs. UDRP complaints are filed with the World Intellectual Property Organization’s Arbitration and Mediation Center. Once a complaint has been processed and the respondent has been given a chance to respond to the complaint, WIPO will appoint a panelist or a board of three panelists to hear the case. A single panelist hearing has a $1,500 filing fee if the complaint includes 1 to 5 domain names, and a $2,000 filing fee if the complaint includes 6 to 10 domain names. If a claimant wishes to be heard by a board of three panelists instead of one, the filing fee increases to $4,000 for 1 to 5 domain names and $5,000 for 6-10 domain names. If all parties adhere to the time limits set for UDRP disputes, a dispute can be resolved as quickly as 45 days of the initial filing of a complaint. By comparison, a lawsuit will usually cost thousands of dollars, and can drag on for months at a time if not years.

My firm specializes in UDRP filing because, above all else, it is the simplest and most cost effective way to get my client to the same favorable end result that an expensive time consuming lawsuit would. If you want to take back your domain name without going to court contact The Law Office of Jeffrey Herman and schedule a free case consultation today. My team of experienced attorneys and paralegals will walk you through each step of the UDRP process and stay with you til’ the finish line.