Domain Name Dispute And Cybersquatting
Since 1999 brand owners have used the wipo developed udrp uniform domain name dispute resolution policy to address so called cybersquatting i e the bad faith registration and use of a domain name targeting a trademark.
Domain name dispute and cybersquatting. The uniform dispute resolution procedure udrp is a nonbinding arbitration procedure that is usually resolved within 60 days much faster than any court. Cybersquatting and domain name dispute under trademark law. This international policy results in an arbitration of the dispute not litigation. Uniform domain name dispute resolution policy udrp to deal with cybersquatting ican n introduced the u d r p in 1999 as an efficient cost effective process for dom ain name disputes that could be applied globally 1 the u d r p applies to all gtld registrars m aking up 65 of domain nam es 2 and several.
In 1999 icann adopted and began implementing the uniform domain name dispute resolution policy a policy for resolution of domain name disputes. The udrp includes use or demonstrable preparations to use a domain name as evidence of a legitimate claim to the name. Mala fide intent to make profit from the goodwill of a trademark belonging to someone else. Here s what to do if someone is cybersquatting on the domain name that matches your trademarked business name.
Cybersquatting disputes are typically resolved in one of two ways. The international agency that oversees domain names icann has established a dispute resolution procedure for trademark owners who believe that their domain name has been hijacked. The article tries to briefly outline the present structure of the domain name system the problem relating to cybersquatting in the cyberspace and the domain name dispute resolution policy and mechanism reflecting of icann and the indian scenario. Among other important design elements the udrp operates globally and online which means that cases are far more.
Everything you need to know trademark law resources types of trademarks how to register a trademark. Either through an arbitration proceeding under the uniform domain name dispute resolution policy udrp or through. It can be defined as registering trafficking in or using a domain name with bad faith i e. Domain name registrants who originally intend to use the domain name for legitimate purposes but later choose to sell the name may also find themselves walking the fine line between legitimate use and cybersquatting.
Domain squatting is the act of registering trafficking in or using a domain name in bad faith.