How to File a UDRP Complaint2nd January, 2020
If your business has a cybersquatter sitting on your domain name or if another company is trying to steal business by appropriating your reputation with a similar website, you may have an action under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). However, do you know how to properly file a claim under the UDRP in order to resolve your case? At ESQwire, our team of legal professionals are experts at filing complaints under the UDRP and getting favorable results for our clients. To learn more about how our firm can help you with a domain name dispute, call or contact our office today for a free consultation of your case.
What is the UDRP?
The UDRP is a policy utilized by ICANN to handle trademark-based disputes over domain names. Under this policy, all domain name disputes must be resolved by agreement, arbitration, or court action before ICANN will cancel, suspend, or transfer a domain name from one entity to the other. This policy applies to all top level domain names, including .com, .org, .net, and others. The purpose of this policy is to streamline trademarked domain name disputes instead of litigating through the normal court channels.
How to File a Complaint
The holder of a trademarked domain name can file a complaint with the UDRP if the following elements exist: first, that an identical or confusingly similar domain name has been registered over which the complainant has trademark rights. Second is that the entity registering the other domain name has no rights to the trademarked domain name; and third is that the complainant believes that the other domain name has been registered in bad faith.
A business or person registering a complaint under the UDRP must fill out a lengthy form on the ICANN website that details the complaint along with paying the required filing fees. Oftentimes, these complaints go to arbitration under one of many dispute resolution providers. If the arbitration is successful, the domain name is transferred to the holder of the trademark. This method is typically faster and cheaper than the traditional litigation methods, especially considering that oftentimes the person or entity infringing on a trademarked domain name may be located far outside of traditional jurisdictions.
When determining whether a valid infringement has occurred, typically the arbitrators will consider the following elements. Did the registrant of the infringed domain name do so specifically to rent or sell the name back to the trademark holder? Has the registrant engaged in a similar pattern of conduct with other trademark holders? Did the registrant register the domain name specifically to disrupt the business of another company, or was the registered domain name used specifically to confuse consumers for commercial gain? An attorney can make the best possible arguments for your trademarked domain in a UDRP case.
Talk to Our Office Today
If you would like to learn more about filing a complaint under the UDRP, talk to the experienced attorneys at ESQwire today to schedule a free consultation of your trademark domain name dispute.