UDRP Stands for the Uniform Domain Resolution Policy. This is a process established by the Internet Corporation for Assigned Names and Numbers ICANN in short. The reason is resolution of disputes regarding the registration of internet domain names. This currently applies to all generic top level domains such as .aero, .asia, .nyc, etc., some country code top-level domains, and some legacy top level domains like .com, .net, .org, etc. in specific circumstances.
Want to know why it is made mandatory? The UDRP includes non-binding, administrative procedure to resolve a certain set of claims such as claims of abusive, bad faith registration. This means a violation of someone else's trademark. In situations other than these, the UDRP provides that disputes must be resolved by traditional mean. It is a part of the Registration Agreement that Internet users sign to register domain names in the global top-level domains. The UDRP was adopted by ICANN.
Uniform Domain Name Dispute Resolution Policy
As Approved by ICANN on October 24, 1999
2. Your Representations
- The statements that you made in your Registration Agreement are complete and accurate;
- To your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
- You are not registering the domain name for an unlawful purpose;
- You will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
- Subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
- Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action;
- Our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding
4. a) Applicable Disputes
You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that:
- Your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- You have no rights or legitimate interests in respect of the domain name;
- Domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
4. b) Evidence of Registration and Use in Bad Faith
For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
- Circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;
- You have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct;
- You have registered the domain name primarily for the purpose of disrupting the business of a competitor; oriv.by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
4. c) How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
- Before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
- You (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
- You are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4. d) Selection of Provider
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
4. e) Initiation of Proceeding and Process and Appointment of Administrative Panel
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
4. f) Consolidation
4. g) Fees
4. h) Our Involvement in Administrative Proceedings
4. i) Remedies:
4. j) Notification and Publication
4. k) Availability of Court Proceedings
- Evidence satisfactory to us of a resolution between the parties;
- Evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or
- A copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation
6. Our Involvement in Disputes
7. Maintaining the Status Quo
8. Transfers During a Dispute
You may not transfer your domain name registration to another holder
- during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or
- during pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this sub paragraph.