If your business has a cybersquatter sitting
on your domain name or if another company is trying to steal business by
appropriating your reputation with a similar website, you may have an action
under the Uniform Domain-Name Dispute-Resolution
Policy (UDRP). However, do you
know how to properly file a claim under the UDRP in order to resolve your case?
At ESQwire, our
team of legal professionals is experts at filing complaints under the UDRP and
getting favorable results for our clients. To learn more about how our firm can
help you with a domain name dispute, call or contact our office today for a
free consultation of your case.
What is the UDRP?
The UDRP is a policy utilized by ICANN to handle
trademark-based disputes over domain names. Under this policy, all domain name
disputes must be resolved by agreement, arbitration, or court action before
ICANN will cancel, suspend, or transfer a domain name from one entity to the
other. This policy applies to all top level domain names, including .com, .org,
.net, and others. The purpose of this policy is to streamline trademarked
domain name disputes instead of litigating through the normal court channels.
How to File a Complaint
The holder of a trademarked domain name can file
a complaint with the UDRP if the following elements exist: first, that an
identical or confusingly similar domain name has been registered over which the
complainant has trademark rights. Second is that the entity registering the
other domain name has no rights to the trademarked domain name; and third is
that the complainant believes that the other domain name has been registered in
bad faith. Read More…
