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UNIFORM DISPUTE RESOLUTION POLICY

The  Uniform Domain-Name Dispute-Resolution Policy (UDRP) process is a cost-effective method of disputing a cybersquatting domain name.

UDRP COMPLAINT FILING

What Is The Uniform Dispute Resolution Policy (UDRP)?


The Uniform Domain-Name Dispute-Resolution Policy (UDRP   ) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains. Domain name disputes can be resolved in federal or state court by filing a domain name litigation lawsuit, and/or filing a trademark opposition or trademark petition to cancel the domain name in the USTPO if the domain is being registered as a trademark. Another option is to use the international arbitration system established by the Internet Corporation of Assigned Names and Numbers (ICANN) to request the transfer of the domain name to you. The ICANN international policy for resolving domain name disputes is known as the Uniform Domain Name Dispute Resolution Policy (UDRP). All domain name registrars must follow the ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP). Our domain name litigation attorneys have experience prosecuting and defending UDRP disputes in court and arbitration.


How Do You Use the Uniform Dispute Resolution Policy (UDRP)? 


All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy. Under the UDRP, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Expedited administrative proceedings may address disputes arising from abusive registrations of domain names (for example, cybersquatting) that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.


To invoke the UDRP policy, a trademark owner should either: 

 

  • File a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name); or 

 

  • In cases of abusive registration, submit a complaint to an approved dispute-resolution service provider (see below for a list and links). Trademark Registration.

 

While the UDRP does not directly prohibit anticipatory cybersquatting, it is the most expedient means of removing offending domain names from anticipatory and actual cybersquatters. Unlike the ACPA, the UDRP does not require that the protected domain name or trademark be distinctive or famous at the time of registration. Our Dallas domain dispute attorneys can assist you in filing and expediting a Uniform Domain-Name Dispute-Resolution Policy complaint. 


Dallas Uniform Dispute Resolution Policy Attorneys 


Our Dallas Uniform Dispute Resolution Policy attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful UDRP litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straightforward, unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court. 



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Additional Uniform Dispute Resolution Process Focus 

Where Can I Find the Uniform Domain Name Dispute Resolution Policy? 


The Uniform Domain Name Dispute Resolution Policy (UDRP) can be found at the  ICANN website.  


Can A Domain Name Be A Trademark?


Use of a domain name only as part of a web address does not qualify as source-indicating trademark use, and the registration of a domain name with a domain name registrar does not give you any trademark rights; however, a domain name may qualify as a trademark if there is another prominent use of that domain name apart from the web address that may qualify as trademark use.  Simply, domain name registrations alone will never qualify as trademark use in interstate commerce.

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