UDRP: Complete Guide to Domain Disputes
Complete guide to UDRP domain dispute resolution process. Learn about requirements, procedures, evidence, and strategies for successful complaints.
UDRP: Complete Guide to Domain Disputes
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is the primary mechanism for resolving domain disputes without going to court. This comprehensive guide explains everything you need to know about the UDRP process.
What is UDRP?
UDRP is a process established by ICANN to resolve disputes between trademark holders and domain registrants. It’s faster and less expensive than court proceedings, typically taking 2-4 months to complete.
Three Elements Required
To succeed in a UDRP complaint, you must prove all three elements:
- Identical or confusingly similar: The domain is identical or confusingly similar to your trademark
- No legitimate interests: The respondent has no rights or legitimate interests in the domain
- Bad faith: The domain was registered and is being used in bad faith
The UDRP Process
1. Filing the Complaint
- Submit complaint to an approved UDRP provider (WIPO, NAF, etc.)
- Pay filing fees (typically $1,500-$5,000 depending on number of domains)
- Provide detailed evidence supporting all three elements
2. Response Period
- Respondent has 20 days to file a response
- If no response is filed, complaint proceeds by default
- Response must address all three elements
3. Panel Decision
- Single panelist appointed (or three if requested)
- Panel reviews complaint and response
- Decision issued within 14 days of panel appointment
Evidence Required
For Trademark Rights
- Trademark registration certificates
- Evidence of trademark use in commerce
- Documentation of trademark applications
For Bad Faith
- Evidence of cybersquatting patterns
- Commercial use conflicting with trademark
- Attempts to sell domain for excessive consideration
- Disruption of trademark owner’s business
Possible Outcomes
- Transfer: Domain transferred to complainant
- Cancellation: Domain cancelled (rarely used)
- Denial: Complaint denied, respondent keeps domain
Success Factors
Outcomes depend on facts, evidence, and how clearly the case is presented. Well‑prepared complaints that address all three elements with strong evidence are more likely to succeed.
Cost Considerations
- Filing fees: $1,500-$5,000
- Legal fees: Varies by complexity
- No recovery of costs from losing party
Alternative: URS
For clear-cut cases, consider URS (Uniform Rapid Suspension) as a faster, cheaper alternative that suspends rather than transfers domains.
Last updated: September 6, 2024