What Is a Domain Dispute and The UDRP?

DEREK FAHEY, ESQ.

Because conducting business online is commonplace, businesses place substantial value on domain names that match their company names, products, and trademarks. Disputes can arise when another party registers or uses a domain name that conflicts with those rights.

What Is a Domain-Name Dispute?

A domain dispute commonly involves allegations that a registrant selected a domain name that is identical or confusingly similar to another party’s trademark. These disputes frequently involve cybersquatting, diversion of customers, attempted resale of the domain, or use intended to trade on another brand’s goodwill.

What Is The UDRP?

The Uniform Domain Name Dispute Resolution Policy provides an administrative process for resolving certain disputes involving domain names. A trademark owner generally must establish that the disputed domain is identical or confusingly similar to its mark, that the registrant lacks rights or legitimate interests in the domain, and that the domain was registered and used in bad faith.

Available Relief

A successful UDRP proceeding may result in transfer or cancellation of the disputed domain name. The process is designed to provide a focused alternative to traditional litigation for qualifying domain disputes.