The UDRP (Uniform Domain-Name Dispute-Resolution Policy) is a process used to resolve disputes over domain names, particularly when someone believes a domain name has been registered in bad faith or is being used unfairly. Here's how it works in simple terms:
- Filing a Complaint: If you believe someone has registered a domain name that is identical or confusingly similar to your trademark or brand, you can file a complaint through the UDRP process. This is usually done through one of several organizations approved to handle these disputes.
- Proving Your Case: To win the dispute, you need to prove three things:
- The domain name is identical or confusingly similar to your trademark.
- The current owner has no legitimate rights or interests in the domain name.
- The domain was registered and is being used in bad faith (e.g., to sell it to you at an inflated price, to disrupt your business, or to mislead customers).
- Responding to the Complaint: The person who owns the domain name can respond to the complaint, explaining why they believe they have the right to keep the domain.
- Decision by a Panel: An independent panel reviews the evidence from both sides and makes a decision. If the panel agrees with the complaint, they can order the domain name to be transferred to the complainant or canceled.
- Outcome: If the complaint is successful, the domain name is typically transferred to the complainant. If not, the current owner keeps it.
The UDRP process is faster and less expensive than going to court, and it's used worldwide for resolving domain name disputes.