Trademark Law

Uniform Domain-Name
Dispute-Resolution Policy 

General Information

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for managing and coordinating the Domain Name System (DNS) to ensure that every address is unique and that all users of the Internet can find all valid addresses. It does this by overseeing the distribution of unique IP addresses and domain names. It also ensures that each domain name maps to the correct IP address.

Here are some ICANN links which will help you better understand the UDRP process and legal standards:

• ICANN - Internet Corporation for Assigned Names and Numbers
• ICANN's Resource Page For Domain Name Dispute Resolution Policies
• Uniform Domain Name Dispute Resolution Policy (UDRP)
• Rules for Uniform Domain Name Dispute Resolution Policy
• Approved Providers for Uniform Domain-Name Dispute-Resolution Policy
• The National Arbitration Forum
• World Intellectual Property Organization

ICANN is also responsible for accrediting the domain name registrars. "Accredit" means to identify and set minimum standards for the performance of registration functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement that sets forth the rules and procedures applicable to the provision of Registrar Services.

All registrars in the .biz, .com, .info, .name, .net, and .org top-level domains follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting, typosquatting, pornosquatting, domain theft) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.

To invoke the policy, a trademark owner should hire a lawyer who specializes in cybersquatting disputes.  A domain name lawyer is in the best position to protect your rights.  A cybersquatting attorney can  file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or, in cases of abusive registration, submit a complaint to an approved dispute-resolution service provider.