UDRP

UDRP / Featured Blogs

Opting for UDRP Over URS

The Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Rapid Suspension System (URS) in 2013 together with three other rights protection mechanisms for trademarks. It "is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse"... It was designed to afford rights holders claiming abusive registration of domain names with new gTLD extensions an even faster route to remedy than the Uniform Domain Name Dispute Resolution Policy (UDRP). more

What Domain Names Get Transferred: Why and Why Not?

Think of trademarks situated on a continuum with famous and well-known at one end and less well-known or unrecognized by average consumers at the other. On one end there is certainty of infringement... at the other end, certainty of having the complaint denied either for lack of proof or overreaching... At some point along the continuum, it becomes uncertain whether respondents registered accused domain names in bad faith, and the question has to be answered by examining the facts. more

Making a Strategic Decision: URS or UDRP?

A discussion is presently underway about the Uniform Rapid Suspension System (URS) (and in Phase 2 next year of the Uniform Domain Name Resolution Policy (UDRP)), whether it is performing as intended. The URS is less than five years old, and there are not an overwhelming number of decisions. Since 2013, rights holders have filed less than one thousand complaints (with three providers, the Forum being the most active), which translates into less than 170 decisions annually... more

The Spontaneous Development of the Domain Name Market

If we traveled back in time, we would discover that unauthorized squatting on someone else's property is an ancient tort, but in cyberspace, it dates from the mid-1990s. Its emergence brought together governments and intellectual property stakeholders to demand a rights protection mechanism devised to deal with this new form of squatting. In 1999 the World Intellectual Property Organization (WIPO) completed its work on a proposal for an online rights protection mechanism which ICANN crafted into the Uniform Domain Name Dispute Resolution Policy (UDRP). more

What Is the Uniform Rapid Suspension System (URS) and What Is It Good For?

The Internet Corporation for Assigned Names and Numbers (ICANN) launched the Uniform Rapid Suspension System (URS) (2013) in anticipation of the marketing of new gTLDs that became available from November 2013. It is one of four new rights protection mechanisms (RPMs) designed to combat cybersquatting. It is not intended for legacy gTLDs, and for new TLDs, it is planned only for that class of dispute colloquially referred to as a "slam dunk." more

Why Getting Awards Wrong Undermines the Integrity of the UDRP

The integrity of any legal system depends on the quality of mind of those appointed to administer it. There are expectations that the one judging the facts and applying the law knows what the facts are and what law to apply. Panels appointed to adjudicate disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) are not held to any lower standard than the judges of courts of competent jurisdiction. more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

What's So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

In Memoriam: UDRPsearch.com

I have hesitated in writing this memorial for udrpsearch.com because I did not want to announce a demise that may not be true or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it could happen again. I was waiting for history to repeat itself. But, the website remains dark, without explanation, and I fear it will not return. We lost it on or about January 6, 2018. more