1
Sep
2010
Uniform Domain Name Dispute Resolution Policy
After several minutes of searching for domains with domain name search engines, you find an ideal domain for your website. So, you sign up for it, under the assumption that it is available.
Then after a few months you receive a letter from a lawyer saying that your new domain name has violated another business’ trademark. You are now stuck with a potential law suit that may result in you losing the domain name, your reputation and maybe even worse. However, with domain name arbitration, there’s a possibility you can get out of such a situation and avoid any possible repercussions .
What is domain name arbitration? It is a process in which the complainant and the original holder of the domain name try to work out a reasonable agreement as to who actually has the rights to the domain. The arbitration in itself is done through the Uniform Domain Name Dispute Resolution Policy, (also known as UDRP). This is a special arbitration method set forth by the ICANN (Internet Corporation for Assigned Names and Numbers) organization. The UDRP is used for most domain name disputes. It has the benefit of being less expensive than traditional litigation.
In order to initiate a domain name arbitration proceeding, a webmaster must go through a provider that has been approved by ICANN to handle such disputes. Once the arbitration begins, the provider will first determine if the complainant has merit in their claim. They will do this by seeing whether the domain name in question is similar to a trademark or domain set forth by the claimant.
They will then determine what rights the claimant has to the title along with whether or not the domain was chosen accidentally or with the intention of taking advantage of the claimant’s brand popularity. If the provider finds that the domain was chosen in bad faith, the domain name will be transferred to the claimant. Otherwise, the original owner will be able to keep the disputed domain.
If either party is not happy with a domain arbitration proceeding, they can challenge the findings in a regular courtroom. An example of this happened with Robert De Niro, when he tried to claim the rights to any domain name containing the phrase ‘Tribeca.’ He is still in court trying to retain the rights to Tribeca.net, which has been claimed by another person.
In conclusion, domain name arbitration is a convenient alternative to avoiding taking a domain dispute into a courtroom. There is the option to go to court if either side feels an arbitration isn’t fair. Yet, for most domain name holders, the decisions made by the UDRP panel are adequate, since getting their consul is a lot cheaper than going to a judge.
