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| Author CyberGhostface Licence Out of copyright Source Wikimedia Commons |
Over the last few days, I have been writing about the Uniform Domain Name Dispute Resolution Policy ("UDRP"), The UDRP is an alternative dispute resolution procedure for resolving disputes between brand owners and domain name holders over the right to register a domain name, As I said in The Terms that are incorporated into every Agreement to register a Domain Name on 30 Oct 2022, it works because an agreement to refer such disputes to the UDRP is incorporated into every agreement for the registration of a generic top-level domain name.
On 2 Nov 2022, I discussed how a brand owner can claim the transfer or cancellation of the registration of a domain name that is identical or confusingly similar to its trade mark or trade name in Complaints under the UDRP. In the last paragraph of that article, I promised to discuss how a domain name holder should respond to such a complaint in my next post. As it happens, I discussed that topic in Defending your Domain Name in the UDRP which appeared in NIPC Law on 28 Nov 2015.
Even though that article is nearly 7 years old it is still relevant. It requires updating in only two respects. The first is that WIPO Overview 2.0 which I mentioned in the "Essential Reading" paragraph has now been superseded by WIPO Overview 3.0. The second is that it is very difficult to challenge the decision of a UDRP panellist in the English courts (see Yoyo.email Ltd v Royal Bank of Scotland Group Plc and others [2015] EWHC 3509 (Ch) (2 Dec 2015) and Ross v Playboy Enterprises International, Inc [2016] EWHC 1379 (IPEC) (13 June 2016)).
Anyone wishing to discuss this article may call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact page.
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