Uniform Domain Name Dispute Resolution Policy

Uniform Domain Name Dispute Policy, referred to as ‘the Policy’ from now on, was adopted on 26th August 1999 and was implemented on 24th October 1999. This policy has been adopted by Internet Corporation for Assigned Names and Numbers, referred to as “ICANN” registrars and country-code domains such as e.g., .nu, .tv, and .ws. This policy is between the registrar and the customer.

  Business   Nov 30, 2020   0  Add to Reading List
Uniform Domain Name Dispute Resolution Policy

Uniform Domain Name Dispute Resolution Policy

Uniform Domain Name Dispute Policy, referred to as ‘the Policy’ from now on, was adopted on 26th August 1999 and was implemented on 24th October 1999. This policy has been adopted by Internet Corporation for Assigned Names and Numbers, referred to as “ICANN” registrars and country-code domains such as e.g., .nu, .tv, and .ws. This policy is between the registrar and the customer.

The Policy has a few clauses, explained briefly as follows:

  1. Purpose- The purpose of the Policy is to set terms and conditions in cases of a dispute between the customer and a party other than the registrar. The dispute between the parties should be related to an Internet domain name that is to be registered by the customer itself. The proceedings of the same would be conducted as per provisions mentioned in paragraph IV of the policy and as per the Rules for Uniform Domain Name Dispute Resolution Policy, referred to as the Rules.

  2. Customer’s Representations- The customer needs to warrant the registrar with the following in case the customer is asking the registrar to register or renew or maintain a domain name:

  1. The statements made in the Agreement are true and accurate

  2. As per the knowledge of the customer, the domain name to be registered or renewed, or maintained will not violate the rights of a third party

  3. The domain name to be registered is not of an unlawful person, and

  4. The domain name shall not be used in violation of any rules and regulations.

  1. Cancellations, Transfers, and Changes- The registrar has the right to cancel, transfer, or make changes to the domain name registrations in case of:

  1. Related to paragraph VIII, as per the instructions from the customer or customer’s agent

  2. An order from a court or an arbitral tribunal, with competent jurisdiction

  3. Based on the decision made by an Administrative Panel requiring for such an action to be taken under the proceeding of which the customer was a part of

  4. Or, in accordance with the terms of the customer’s Registration Agreement or other legal requirements.

  1. Mandatory Administrative Proceeding- Under this paragraph of the Policy, the sub-paragraphs puts forth the types of disputes and what all is the customer required to submit for a mandatory administrative proceeding:

  1. Applicable Disputes- The complainant must prove to the Provider the following points in compliance with the Rules of Procedure:

  1. The domain name of the customer is identical or confusingly similar to the trademark or service mark on which the complainant has rights

  2. The customer has no rights or legitimate interests in the domain name

  3. The domain name of the customer has been registered and is used in ill faith.

     

  1. Evidence of Registration and Use in Bad Faith- One of the following should be found by the Panel in order to treat a dispute under bad faith:

  1. Evidence leading to the point that the customer had registered or acquired the domain name for selling, renting, or transferring the domain name which originally belongs to the complainant, who is the lawful owner of the trademark or service mark.

  2. The customer has registered the domain name to restrict the complainant from reflecting the mark in the domain name

  3. The domain name registered by the customer is done to disrupt the business of a competitor or the complainant.

  4. The domain name was created to manipulate the complainant and attract commercial gain, which is caused by confusing domain names and services or trademarks.

  1. How to Demonstrate the Customer’s Rights to Legitimate Interests in the Domain Name in Responding to a complaint- If the following conditions, one or all, are present, then the panel will be satisfied with the customer’s legitimate interest in the domain name:

  1. Before the notice of the dispute, the domain name and the name corresponding to the domain name are connected with the bonafide supply of goods or services

  2. The customer is known by the domain name

  3. The customer is making legitimate use of the domain name in noncommercial and fair use instead of commercial gain from it

  1. Selection of Provider- The complainant shall choose a provider from the approved and certified list of Providers by ICANN.

  2. Initiation of Proceeding and Process and Appointment of Administrative Panel- The Rules of Procedure carry the process for initiating and conducting any proceeding related to disputes.

  3. Consolidation- In case of several disputes between the customer and the complainant, they can come up with a petition in front of the Panel to consolidate their disputes that are governed by the Policy.

  4. Fees- All the fees issued by the Provider is to be paid by the complainant, except in the cases where there is a request to increase the panel from one to three panelists, in which the cost will be split between the customer and the complainant.

  5. Registrar’s Involvement in Administrative Proceedings- In no way is the registrar involved in this process, neither can the registrar b held liable for any outcomes that may come out of the agreement and dispute.

  6. Remedies- The remedies to the complainant are only limited to cancellation of the customer’s domain name or transfer of the domain name to the complainant.

  7. Notification and Publication- The Provider is required to inform the registrar of the decision made by the Panel on the domain name registered with them. All the decisions are to be published on the internet, unless in the cases where the Panel decides to redact some parts of the decision.

  8. Availability of Court Proceedings- The formal proceedings issues by ICANN does not prevent any complainant or customer from filing in a court with competent jurisdiction. If the Panel comes with a decision, a window of 10 days will be given for the party to initiate any legal proceedings against the other party. If the legal proceedings are not initiated, then the Panel’s decision will be final.

  1. All Other Disputes and Litigation- Any dispute between the customer and the complainant shall be taken up in the court, tribunal, or any other legal proceeding available if the dispute is not regarding the domain name.

  2. Registrar’s Involvement in Dispute- The registrar in no way shall be named in the proceedings taken up by the complainant or the customer. Neither should the name be involved nor should they be named as a party. If any of the parties decide to do so, then the registrar can take up any steps as they deem fit and appropriate.

  3. Maintaining the Status Quo- The registrar will not ‘cancel, transfer, activate, deactivate, or otherwise change the status of any domain name’ unless provided in Paragraph III of this policy

  4. Transfers During a Dispute-

  1. Transfer of a Domain Name to a New Holder- The customer cannot transfer the domain name to another holder:

During the pendency of the administrative proceedings or after fifteen business days of the conclusion of such proceedings

During the pendency of the court or tribunal proceedings, unless the other party agrees with the same in writing.

  1. Changing Registrars- One may not transfer the domain name during the pendency of the proceedings or till fifteen business days after the completion of the proceedings, but one may change the registrars during the same.

  1. Policy Modifications- Any registrar can modify the Policy after proper permission is granted by ICANN. The revised Policy shall be uploaded on the internet 30 calendar days prior to the time it becomes effective. The revised Policy will apply to the customer unless the customer cancels their domain name registration.

In the era of increasing competition and a drastic shift to the internet, it is essential for the benefit of all the parties for policies such as the one mentioned in this paper. These policies help with the resolution of the disputes in the most rational and systematic manner, and without any registrars being held liable.

To know more about, If you own a trademark, you own the right to own its domain, see the video below-

 

 

 

REFERENCES:

  1. Gillet, E. (2020, June 10). New domain name dispute resolution policies: .acDRP, .ioDRP and .shDRP. Retrieved November 30, 2020, from https://www.lexology.com/library/detail.aspx?g=0c9fb9c9-c124-4c19-bd34-8a698f8a57a5

  2. Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"). (n.d.). Retrieved November 30, 2020, from https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en

  3. Uniform Domain Name Dispute Resolution Policy. (n.d.). Retrieved November 30, 2020, from https://www.icann.org/resources/pages/policy-2012-02-25-en

  4. Uniform Domain-Name Dispute-Resolution Policy. (n.d.). Retrieved November 30, 2020, from https://www.icann.org/resources/pages/help/dndr/udrp-en


 

BY-

Aditi Goel 

 

 

 

 

 

 

 

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