Domain Name Dispute Def
A domain name dispute is a dispute regarding a registered domain name.
Domain name dispute def. In order to process the types of domain disputes discussed above the uniform domain name dispute resolution policy udrp was born. 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. A domain name dispute is a legal complaint made on the grounds that a domain name a proprietary string of language that is registered and recognized by the domain name system has been inappropriately and illegitimately used or assigned. According to the regulations the basis of a domain name dispute can either be an abusive or an offensive registration.
Cybersquatting also known as domain squatting according to the united states federal law known as the anticybersquatting consumer protection act is registering trafficking in or using an internet domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else. The best alternative to pursuing a domain name dispute through the courts is to take advantage of the domain name dispute policies that have been developed by the organizations that assign domain names. A domain name dispute is a conflict that arises when more than one individual or group believes it has the right to register a specific domain name. According to the adr regulations see below the basis of a domain name dispute can either be an abusive or an offensive registration.
The new procedure entitles any party to lodge a complaint against a za domain including co za net za web za and org za if the domain name takes unfair advantage of the rights of that party or is contrary to law or likely to give offence to any class of persons. How the domain name dispute system works. Domain name dispute policies. Most commonly a domain name dispute would occur when a domain name similar to a registered trademark is registered by an individual or organization who is not the trademark owner.
Disputes prior to december of 1999 were handled under the domain name dispute policy created by nsi. A domain name dispute is a dispute regarding a registered domain name which dispute is between a complainant and a person who registered a domain name i e. All domain name registrars must follow the icann s uniform domain name dispute resolution policy udrp indian legislation cybersquatting has been defined as an act of obtaining deceitful registration with an intent to trade the domain name to the legal owner of the name at a premium according to the court in the case of manish vij v. This policy was created by the internet corporation for assigned names and numbers icann to resolve disputes where multiple parties claim the right to a specific domain.
All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp.