Domain Name Ownership Dispute

The wipo arbitration and mediation center provides time and cost efficient mechanisms to resolve internet domain name disputes without the need for court litigation.

Domain name ownership dispute. 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. 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. The sixth circuit however ruled that there was a possibility of infringement. 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 dispute resolution service drs policy requires complainants to prove that they have rights in respect of a name or mark which is identical or similar to the domain name. Domain name dispute resolution. It would seem in these cases where both parties have trademark rights that the first to register the domain name would be able to keep it. How to dispute domain name ownership.

This is an arbitration case rather than a full blown trial. You have a right to the domain name. To be successful you ll usually need to prove two things. But most will want the same sort of evidence to stop the other person from using their domain name.

If you re pursing legal action against another party for use of a domain name but you re only interested in gaining ownership of the domain you can opt for a proceeding under the uniform domain name dispute resolution policy udrp. 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. Domain name dispute policies. Disputes prior to december of 1999 were handled under the domain name dispute policy created by nsi.

Each domain name provider has a different udrp process for resolving domain name disputes. All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp. Covid 19 update on wipo s udrp and cctld case operations. It has established a uniform domain name dispute resolution policy which you can use to challenge someone s ownership of a domain.