How to understand UDRP domain name?

Posted on:2023-08-23 10:28:58 Views: 129

1. What is UDRP?

I believe that many domain name registrants should have understood the "Uniform Domain Name Dispute Resolution Policy ( UDRP )", UDRP is actually a set of guidelines used by ICANN to resolve domain name registration disputes; ICANN approved a set on October 30, 2009 The Uniform Domain Name Dispute Resolution Policy Rules (UDRP Rules), followed by the UDRP Supplemental Rules, became effective December 14, 2009.

2. Scope of application of UDRP

The UDRP is the policy governing disputes between registrants and third parties arising out of the registration and use of domain names. Disputes under these policies may be referred to one of the approved dispute resolution service providers for the given policy.

The UDRP was created to protect recognized brands and trademarks from abusive registrations by third-party registrants who register confusingly similar domain names in bad faith for profit. It is important to remember that the UDRP applies to all gTLDs and ccTLDs that have voluntarily adopted the UDRP policy.

The WIPO Arbitration and Mediation Center (WIPO Center) served as technical advisor to the ICANN Drafting Committee during the development of the UDRP policy and rules. WIPO Supplementary Rules were adopted to complement the UDRP policies and rules. Additional dispute resolution policies may apply to the specific circumstances of individual TLDs.

List of Approved Dispute Resolution Service Providers

All UDRP documents should be submitted to an ICANN-approved dispute resolution provider, including:

● Asian Domain Name Dispute Resolution Center

● National Arbitration Forum

● Czech Arbitration Court

● WIPO Arbitration and Mediation Center

3. UDRP disputes

Under UDRP policies and rules, a dispute is considered valid and eligible for mandatory administrative proceedings if the complaint establishes:

● Trademarks damaged by identical or confusingly similar domain names;

● The current registrant has no relevant interest in the domain name;

● The current registrant is using the domain name in “malicious” way.

Here are the three main scenarios for malicious domain name registrations:

(1) The main purpose of registering a domain name is to sell, lease or transfer the domain name registration to the complainant (trademark owner or competitor) for huge sums of money

(2) The domain name is registered to harm a competitor's business

(3) The domain name is used to deliberately confuse and attract consumers to your website or other websites for commercial gain