Domain Name Dispute Resolution Trademarks
Domain name assignment is accomplished through a private international organization called the internet corporation for assigned names and numbers icann.
Domain name dispute resolution trademarks. The second level domain name is the unique identifier for the user in particular. All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp. The internet s introduction boom and speed of development has resulted in many conflicts and abuses including the registration of domain names featuring the unauthorised use of a trademark owned by a third party. The cira domain name dispute resolution policy describes the nature of the dispute resolution process the requirements for those who wish to initiate a proceeding and the types of bad faith registrations covered.
Domain names and trademarks are protected intellectual property and can therefore be enforced through legal action. If you are a trademark owner involved in a domain name dispute you will need to retain an attorney with deep experience in trademark and internet law. Since commencing its udrp service wipo has processed some 27 000 udrp and udrp related cases. For the cctld ae and the dispute policy adopted by the registration authority is the uae domain name dispute resolution policy also called the aedrp which only has slight differences with the udrp policy.
If the trademarks are owned by different entities can a udrp panel order the domain name transferred to one entity without co. A second level domain name may be protected under trademark law but first level domain names are not in terms of technical infrastructure the domain name system is administered by the internet corporation for assigned names and numbers icann. Domain name conflicts resolution 654 2009 resolution 20 2014 resolution 110 2016 domain name conflicts. Ownership regarding security interests.
A domain trademark dispute is a legal issue that arises between two businesses that are trying to use the same domain name. The world intellectual property organisation wipo arbitration and mediation center s domain name dispute resolution services for generic top level domains gtld and some country code top level domains cctld resolves disputes concerning domain names through the uniform domain name dispute resolution policy udrp policy issued in 1999. 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.