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UDRP stands for Uniform Domain-Name Dispute Resolution Policy. It is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes related to the registration of Internet domain names.

The main reason for the existence of UDRP is to provide a quick, inexpensive, and easy way of adjudicating domain name disputes between trademark holders and bad faith registrants of domains on the Internet. While litigation of a domain name dispute in court can be protracted and very expensive, dispute resolutions under the UDRP would normally take 45-60 days and cost as little as $750. In addition, by providing a uniform set of guidelines, the UDRP also mitigates various jurisdictional and jurisprudential issues that may occur within the international prosecution of a complaint. Being primarily focused on speed and ease of use, the UDRP procedures are streamlined and straightforward. The process of filing a complaint and response was designed to be followed without legal assistance. Legal counsel may be helpful concerning the substantive intellectual property rights at stake, though.

Dispute process basics

While the UDRP guidelines can apply to a wide range of disagreements, the most common cause for disputes is trademark infringement. The infringement through domain registration usually occurs due to cybersquatting.

In 2018, ICANN adopted a temporary specification for gTLD (generic top-level domains) registration data to clarify the rules for disputing a domain name. It applies to UDRP proceedings filed after 31 July 2015. Disputes filed before that date are subject to the old set of rules.

Under the updated rules, there is a specific procedure for disputing a domain name based on trademark ownership. Before a domain cancellation happens, the dispute must be resolved in one of three ways:

• an agreement between the two parties;
• a court order to cancel the domain name; or
• completion of the arbitration process.

To determine whether a cause of action exists, the UDRP administrative review panel will analyze various factors, such as:

• if the registered domain name is identical or confusingly similar to an existing trademark,
• if the registrant has any legitimate rights or interests in the domain name, and
• if the domain name as registered and used in bad faith.

The assessment of bad faith is based on different criteria, including but not limited to:

• What the registrant is using the domain name for,
• Previous acts by the registrants,
• Whether the domain is being used to disrupt the business of a competitor, and
• Whether the domain is being used to palm off of an established mark

Timeline for dispute resolution

You can expect a resolution to your domain dispute within 60 days of filing the complaint. This is a general timeline that can be extended at the discretion of the UDRP panel. You will need to select a dispute-resolution service provider to resolve your dispute and then submit your complaint accordingly. You will also need to send a copy of your complaint to the domain name’s current owner. You can search the “Who is” database to find the domain name owner or at least the domain’s registrar.

Once you have filed the complaint with your provider, they will review it to make sure it complies with the UDRP guidelines. If the provider confirms such compliance, the complaint will move forward. Otherwise, you will be given five days to make the necessary corrections, or the complaint will be withdrawn. Three days after filing the complaint, the provider should provide a copy to the domain registrar and the person named in the complaint.

Within twenty calendar days of the formal commencement of the administrative proceeding, the respondent must respond specifically to the allegations in the complaint and offer any basis for retaining the domain name.

The respondent will be deemed to have defaulted if no response is filed within this 20-day window.

After a response has been received, the provider must name a panel within five days. Then, two weeks after being appointed, the panel must reach a decision and notify the parties within three days.

Ten business days later, unless the adversely affected domain name holder has filed suit in a court of mutual jurisdiction, the registrar will implement the decision of the UDRP panel, canceling or transferring the domain name according to the remedy sought in the complaint.