Uniform domain-name dispute-resolution policy (UDRP) proceedings are legal actions brought for the resolution of disputes regarding the registration of Internet domain names. UDRP is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) and a common method used in the resolution of disputes over domain names.
Domain Name Disputes
When a domain name registrant chooses a domain name, the registrant may be required to “represent and warrant” that the registration of that particular domain will not infringe upon or violate the rights of any third party. Moreover, upon registration of a domain, the registrant may also warrant that it is willing to participate in proceedings similar to arbitration should there be any disputes regarding that particular domain.
UDRP proceedings are generally brought in relation to trademark disputes. When determining whether a cause of action exists, the panel will analyze whether the registered domain name is identical or deemed to be confusingly similar to a trademark, whether the registrant has any legitimate rights or interests in that domain name, and whether the domain name has been registered and used in bad faith.
To assess whether the domain name has been registered in bad faith, the appointed panel will use several factors as tests, including but not limited to, what the registrant is using the domain for, past acts by the registrant, whether the domain is being used to disrupt the business of a competitor, and whether the domain is being used to palm off of an established mark.
We help clients file UDRP proceedings (or respond to them) and pursue those that register domain names in bad faith. Whether we utilize UDRP proceedings, or more traditional means such as litigation, to protect a brand or trademarks, we can assist in protecting intellectual property (IP), including trademarks, and representing clients in domain name disputes.