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Domain Name Disputes

Domain Name Disputes. By: Brandon Pruitt. UDRP. A group called Uniform Domain-Name Dispute-Resolution Policy or UDRP

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Domain Name Disputes

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  1. Domain Name Disputes By: Brandon Pruitt

  2. UDRP • A group called Uniform Domain-Name Dispute-Resolution Policy or UDRP • They are process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP policy currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains.

  3. What is a Domain Name Dispute? • When a registrant chooses a domain name, he or she must “represent and warrant,” among other things, that registering the name “will not infringe upon or otherwise violate the rights of any third party,” and agree to participate in an arbitration-like proceeding should any third party assert a claim.

  4. How the UDRP handles Domain Name Disputes • In a UDRP proceeding, the panel will consider factors such as, whether the defendant registrant’s domain name is identical or confusingly similar to a trademark in which the complainant has rights; whether the defendant has no rights or legitimate interests in a name; and whether the defendant registered and is using the name in bad faith. Trademark owners sometimes found it difficult to prove registration and use of a disputed domain name in bad faith, and therefore in other dispute resolution policies this last requirement has been relaxed to "or" (e.g. in the dispute resolution policies applicable to .us or .eu domain names).

  5. The Goal of the UDRP • The goal of the UDRP was to create a streamlined process for resolving such disputes, which would be quicker and cheaper than a standard legal challenge. However, a party dissatisfied by a UDRP decision may challenge the decision in court

  6. Well-Known UDRP Cases • Madonna Ciccone a.k.a Madonna v. Dan Parisi and “Madonna.com” • Robert De Niro v. http//:tribeca.net

  7. Sources • http://en.wikipedia.org/wiki/Uniform_Domain-Name_Dispute-Resolution_Policy

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