 What is the UDRP? |
| ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) defines how disputes over domain-name registrations are resolved in the global top-level domains (.biz, .com, .info, .name, .net, and .org as well as .aero, .coop, and .museum). The UDRP includes a mandatory, non-binding, low-cost administrative procedure to resolve a certain set of claims — namely, claims of abusive, bad faith registration. |
|
| When was the UDRP established? |
| The UDRP was adopted by ICANN on 26 August 1999. Implementation began when the final policy documents were approved on 24 October 1999. |
|
| What top-level domains are covered by the UDRP? |
| The UDRP applies to the global top-level domains: .aero, .biz, .com, .coop, .info, .museum, .name, .net, and .org. The UDRP does not apply to country-code top-level domains, except in a few cases where the local administrator has decided to adopt it. |
|
| What are the provisions of the policy? |
| Under the UDRP, domain-name disputes must generally be resolved in the same way as any other conventional dispute: by mutual agreement, court action, or voluntary arbitration. Without a court order or consent of the registrant, a registrar will not cancel, suspend, or transfer a domain name.
The UDRP also established an administrative procedure for speedy, low-cost resolution of a specific category of disputes: those arising from abusive, bad faith registrations of domain names. In such cases, – commonly called "cybersquatting" – a holder of trademark rights initiates the administrative procedure by filing a complaint with an approved dispute-resolution service provider. In order to have the domain name transferred or cancelled, the trademark holder must establish (1) that he has a legally recognized trademark in a name that is identical or confusingly similar to the domain name; (2) that the current registrant of the domain name has no legitimate rights in the name; and (3) that there has been some evidence of bad faith or abuse. (Please note that this is just a summary of the applicable provisions; please refer to the full text of the policy for details.) |
|
| How do I file a complaint? |
| To initiate a UDRP proceeding, a trademark owner should select an approved dispute-resolution provider from the list, and then follow the instructions on the provider's website to submit a complaint. |
|
| Does the UDRP apply to personal names? |
| No, except to the extent such names are protected by trademark law. |
|
| What procedural rules govern the conduct of administrative proceedings under the UDRP? |
| The "Rules for Uniform Domain Name Dispute Resolution Policy" are available at http://www.icann.org/udrp/udrp-rules-29sept99.htm. Also, each provider has its own supplemental rules, which are available on their respective websites. |
|
| How long does it take to decide a case? |
| Administrative proceedings under the UDRP generally progress faster than a regular court lawsuit. A decision is typically rendered in about two months. |
|
| Where can I find more information about the UDRP? |
| ICANN's website contains a compilation of links and information relating to the UDRP at http://www.icann.org/udrp/. |
|
