Uniform Domain-Name Dispute-Resolution Policy
The ICANN dispute resolution policy, UDRP (Uniform Domain Name Dispute Resolution Policy), governs the procedures followed by all domain name registrars in the event of a dispute between two parties over a registered domain name. 1
Under this policy, most types of trademark-based domain-name disputes must be resolved by an agreement, a court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. 2 This policy was put into place to save time and money. To summarize, if someone believes that there’s a trademark dispute and they want to recover a domain name they believe they’re entitled to, they need to show the following:
- Identical or confusingly similar to trademark
- Registrant has no rights or legitimate interests in domain name
- Domain name is registered or being used in bad faith
Disputes alleged to arise from abusive registrations of domain names (e.g cybersquatting) can be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. 2
Bad Faith is registration to:
- Sell the domain name
- Prevent the trademark owner to have the domain name
- Disrupt business
To lure customers most actions award domain name to trademark holder