Domain Education: UDRP
A quick clarification on what UDRP really means. The term is thrown around domain chat boards and blogs often enough that most people have an good implied understanding, but it cannot hurt for every domainer to take a little lesson for their business every once in a while.
While I am not a lawyer, nor have I read through the entire UDRP web site or the specific UDRP policy, nor have I had any of my domains taken through UDRP, I can at least help point people in the right direction. I would ask that others point out useful links as well.
To begin with, start with the Wikipedia explanation of UDRP:
“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.
When a registrant chooses a domain name, he or she must “represent and warrant,” among other things, that registering the 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 a claim.
In a UDRP proceeding, the panel will consider factors such as, whether the defendant registrant’s domain name is identical or confusingly similar to a trademark in which the complainant has rights; whether the defendant has no rights or legitimate interests in a name; and whether the defendant registered or is using the name in bad faith.”
Those three paragraphs can give a lot of clarity to domainers when they think of how they use their domains. To begin with, check your domain against trademarks (you can do so yourself online via TESS or better yet have a lawyer do a full search). Make sure you did not register or are using the name in bad faith (seems obvious, but have a logical think about your domain use). Lastly, Elliot has been encouraging development of domains and I agree with him entirely. Recently, LH.com was taken through UDRP by Lufthansa, which I agree is very suspect.
After the Wikipedia explanation, the next best resource is the ICANN explanation itself.
- ICANN UDRP Policy
- UDRP Statistics (you will notice that roughly 80% of UDRP decisions result in a domain transfer)
- UDRP Rules
If you are involved in a UDRP case, I suggest speaking to an Internet lawyer. There are many good lawyers out there. If you need someone specific, leave a comment and I’ll email you our list of domain legal contacts.
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A quick clarification on what UDRP really means. The term is thrown around domain chat boards and blogs often enough that most people have an good implied understanding, but it cannot hurt for every domainer to take a little lesson for their business every once in a while.