Citation[]
ICANN, Uniform Domain Name Dispute Resolution Policy (UDRP) (Aug. 26, 1999) (full-text).
Overview[]
The UDRP is a policy developed by ICANN to address the conflict between trademarks and domain names. The policy was adopted on August 26, 1999 and the implementing documents were approved on October 24, 1999.
It uses a neutral third party to resolves a dispute over the proper registrant of a given domain name. The use of the UDRP has expanded as a result of the requirements contained in various free trade agreements that the UDRP must be used as a model for individual countries' domain name dispute resolution policies.
As stated by one court:
| “ | The UDRP is an administrative alternative dispute resolution policy which creates a procedure specifically designed to provide a fast and cheap means for resolving domain name disputes. On average, it takes no more than two months to resolve a domain name dispute under the UDRP.[1] | ” |
All registrars must follow the the UDRP. Under the policy, most types of trademark-based domain name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider.
Future of UDRP[]
ICANN recently launched the Policy Development Process Working Group to determine the future of the UDRP.
References[]
Source[]
- "Uniform Domain-Name Dispute-Resolution Policy" (full-text).