Domain Name Legal Dispute

In order to ensure best practices for our clients hutcherson law closely follows the landmark domain name dispute decisions.

Domain name legal dispute. 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. Disputes prior to december of 1999 were handled under the domain name dispute policy created by nsi. Domain names have become precious commodities as the internet has no boundaries and no closing hours and unlike trade marks each domain name is unique. This means there can often be some pressure to be the first to register a domain name and this can lead to disputes on the right to register.

Domain names and trademarks are protected intellectual property and can therefore be enforced through legal action. All registrars must 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. You can only use this arbitration process if the domain name holder is cybersquatting.

Domain name dispute policies. This uniform domain name dispute resolution policy the policy has been adopted by the internet corporation for assigned names and numbers icann is incorporated by reference into your registration agreement and sets forth the terms and conditions in connection with a dispute between you. How the domain name dispute system works in order to process the types of domain disputes discussed above the uniform domain name dispute resolution policy udrp was born. 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.

The wipo arbitration and mediation center provides time and cost efficient mechanisms to resolve internet domain name disputes without the need for court litigation. A domain trademark dispute is a legal issue that arises between two businesses that are trying to use the same domain name. As approved by icann on october 24 1999. Uniform domain name dispute resolution policy.

This service includes the wipo initiated uniform domain name dispute resolution policy udrp under which the wipo center has processed over 49 500 cases.