Understanding the UDRP and URS
Process Saves Domains
October 24, 2015 – Staff
What is the UDRP and URS and how do they affect my domains? ICANN, the Internet Corporation for Assigned Names and Numbers (ICANN) or governing body for the domain industry, established the UDRP and URS processes to help Trademark Owners seek relief against Cybersquatters, people who they feel are infringing on their trademarks by registering domain names that are the same or similar to there trademark.
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. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. – ICANN
Uniform Domain-Name Dispute Resolution Policy (UDRP) process allows Trademark owners to present a case before a panel or board that would permit the trademark owner or Complainant to take control of the domain if they win the case against the Respondent or domain registrant.
The Uniform Rapid Suspension System is a rights protection mechanism that complements the existing Uniform Domain-Name Dispute Resolution Policy. The Uniform Rapid Suspension System applies to new gTLDs.
The Uniform Rapid Suspension System offers a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of infringement. Trademark owners may initiate a URS proceeding by electronically filing a complaint with a URS provider. This process is what we call the Nuclear Option, or quick way to suspend the domain for the rest of the registration period. Some URS cases have been filed to suspend the domain with only days before the registration would expire.
The Uniform Rapid Suspension System is a new weapon in the War Against Cybersquatters. Trademark owners will pull this trigger if they are looking for a quick-fix against who they fee are infringing on their trademark. Getting it suspended takes it away from the registrant. Mission accomplished, if they succeed.
One of such providers is the National Arbitration Forum (Forum), was approved on February 20, 2013, and its URS operation is now live. On April 19, 2013, the Asian Domain Name Dispute Resolution Centre (ADNDRC) became the second URS provider approved by ICANN, the Internet Corporation for Assigned Names and Numbers (ICANN).
Understanding these processes saves domain owners the lost of there domain. Trademark owners do not always win these cases, they have to prove that there is a case and present evidence to support the case in order to prevail. Respondents have to defend what they consider is a good case and the panel makes the final decision. There are no automatic winners or losers in these cases. The best of cases can be won or lost as evidence shows here.
It is always a good idea to seek competent legal counsel if one is faced with a UDRP or URS filing. For help finding a competent attorney simply do an online search and you will find attorneys who practice this type of law. Or check the winners of these cases by searching here.
Many of these issues can be prevented by exercising care when registering domains. Domain Owners should always research a domain before registering it. It is almost never an advantage to register a “live” trademark. For more information on the UDRP process click here. For more information on the URS process click here.
Filed Under: UDRP Process, URS Process, Domain Names, UDRP Attorney, Domain Owners
Follow Us on Twitter!
