|Photo Robert Kloosterhuis|
Creative Commons Attribution 2.0 Generic Licence
15 July 2017
Nearly every domain name registry has a policy for resolving disputes between trade mark owners and domain name holders through alternative dispute resolution. The best known is ICANN's UDRP (Uniform Domain Name Dispute Resolution Policy) which I discussed in Domain Name Disputes.
Most of those policies have the following hallmarks:-
- These procedures can be used only for cybersquatting cases.
- Abuse of process can often result in censure and even sanctions.
- Proceedings are conducted over the internet on written evidence and argument only.
- The costs are very modest compared to the costs of litigation but they are borne mainly by the complainant and are irrecoverable.
- Decisions are made within a few weeks of the lodging of a complaint.
- Most cases result in a finding in favour of the complainant and an order for the transfer or cancellation of the disputed domain name.
- Registrars are contractually bound to implement such orders unless a court intervenes.
- There are very few circumstances in which a court will intervene in these procedures.
The following table summarizes the various policies that are in force around the world.
Top Level Domain
.aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel and travel and all new .gTLD
Countries with dispute resolution policies similar to the UDRP
.ac, ,ae, .ag, .ao, .as. .au, ,bn, bo, br, .bs, .bz, .cc, .cd, .ch, .co, .cr, .cy, ,dj, .do, .ec, .es, .fj, .fm, .fr, .gd, .gq, ,gt, .hk, .hn, .ie, .io, .ir, .ki, .la, .lc, .li, .ma, .md, .me, ..ml. .mp, .,mw, .nl, .nr, .nu, .pa, .pe, ,ph, ,pk, .pl, .pm, .pn, .pr, .pw, .qa, .re, .ro, .sc, .se. .sh, .si. .so, .tf, .tj,.tk, ,t,. .tt, .tv, .tz, .ug, .us, .ve, .vg, .wf, .ws, .yt
United Kingdom ccTLD
Isle of Man ccTLF
Jane Lambert +44 (0)20 7404 5252