The following TMT practice note Produced in partnership with Emily Taylor of Oxford Information Labs provides comprehensive and up to date legal information covering:
This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:
Application of the UDRP
Purpose of the UDRP
UDRP—what the Complainant has to prove (three-stage test)
UDRP first element (Complainant’s rights)
UDRP second element (Respondent’s rights)
Evidence of bad faith
The UDRP process provides a dispute resolution procedure, primarily aimed at resolving claims of abusive or bad faith domain name registration. It applies to all generic Top Level Domain (gTLD) names (examples include .com, .net, .org, and all new gTLDs) operated under contract with Internet Corporation for Assigned Names and Numbers (ICANN). It also applies to country code Top Level Domains (ccTLDs) that have adopted the UDRP on a voluntary basis.
Where the gTLD is operated under contract with ICANN, the UDRP is required to be incorporated into the contract of registration for each gTLD domain name (for a list of such gTLDs, see ICANN’s Registry Listing page).
When considering UDRP, also consider whether the Uniform Rapid Suspension System, designed for use in the most clear cut cases of cybersquatting, may be appropriate, see Practice Note: Uniform Rapid Suspension System (URS).
For domain name disputes concerning .uk domain names, see Practice Note: Nominet dispute resolution service (DRS).
The UDRP was introduced in 1999 to provide a cost-effective, quicker alternative to court action.
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