The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains (.com, .net, .org, etc.), some country code top-level domains, and to all new generic top-level domains (.xyz, .online, .top, etc.).
Historical background When ICANN was first set up, a core task assigned to it was "The Trademark Dilemma", the use of trade marks as domain names without the trademark owner's consent. By the late 1990s, such use was identified as problematic and likely to lead to consumers being misled. In the United Kingdom, the Court of Appeal described such domain names as "an instrument of fraud". One of the first steps was that Member States commissioned the United Nations World Intellectual Property Organization (WIPO) to produce a report on the tension between trademarks and domain names. Published on 30 April 1999, the WIPO Report recommended the establishment of a "mandatory administrative procedure concerning abusive registrations", which would allow for a "neutral venue in the context of disputes that are often international in nature." The procedure was not intended to deal with cases with competing rights, nor would it exclude the jurisdiction of the courts. It would, however, be mandatory in the sense that "each domain name application would, in the domain name agreement, be required to submit to the procedure if a claim was initiated against it by a third party. The WIPO Report also set out the current three-stage test of the UDRP. At its meetings on August 25 and 26, 1999 in Santiago, Chile, the ICANN Board of Directors adopted the UDRP Policy, based on the recommendations contained in the Report of the WIPO Internet Domain Name Process, as well as comments submitted by registrars and other interested parties. On October 24, 1999, the ICANN Board adopted a set of Rules for Uniform Domain Name Dispute Resolution Policy (the UDRP Rules) setting out the procedures and other requirements for each stage of the dispute resolution administrative procedure. The procedure is administered by dispute resolution service providers accredited by ICANN. Following adoption by ICANN, the UDRP was launched on 1 December 1999, and the first case determined under it by WIPO was World Wrestling Federation Entertainment, Inc v. Michael Bosman, involving the domain name worldwrestlingfederation.com. Since then WIPO provides a globally-used Jurisprudential Overview to summarize case law on a range of common and important substantive and procedural issues under the UDRP.
Adoption The policy has been adopted by all ICANN-accredited registrars. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws). The policy is then applicable due to the contract between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). When a registrant chooses a domain name, the registrant must "represent and warrant", among other things, that registering the domain name "will not infringe upon or otherwise violate the rights of any third party", and agree to participate in an arbitration-like proceeding should any third party assert such a claim. The policy itself sets forth the terms and conditions in connection with a dispute between the registrant and any party (other than the registrar) over the registration and use of the Internet domain name registered by the registrant. In case of a dispute, the complainant shall select one of the administrative-dispute-resolution service providers from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding. Proceedings under this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy, as well as the selected administrative-dispute-resolution service provider's supplemental rules. Providers of the UDRP are:
The Arab Center for Dispute Resolution (ACDR) The Asian Domain Name Dispute Resolution Centre (ADNDRC) Canadian International Internet Dispute Resolution Centre (CIIDRC) Czech Arbitration Court, Arbitration Center for Internet Disputes National Arbitration Forum (NAF) World Intellectual Property Organization (WIPO)
Process A complainant in a UDRP proceeding must establish three elements to succeed:
The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; The registrant does not have any rights or legitimate interests in the domain name; and The domain name has been registered and the domain name is being used in "bad faith". In a UDRP proceeding, a panel will consider several non-exclusive factors to assess bad faith, such as:
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