Uniform Domain Name Dispute Resolution Policy
After spending some time searching for domains with domain name search engines, you find the perfect domain name to go with your website. You purchase the domain, under the assumption that it is available.
A few weeks later, you receive correspondence from a lawyer saying that the new domain has breached another business' trademark. You are now stuck with a potential law suit that may result in you losing your domain, your reputation and maybe even worse. However, with domain name arbitration, there is a possibility you can get out of such a situation and avoid any possible legal consequences.
What is domain name arbitration? It is a process where the complainant and the original holder of the domain name try to work out a reasonable agreement as to who actually has the rights to the domain name. The arbitration in itself is done through the Uniform Domain Name Dispute Resolution Policy, (also known as UDRP). This is a special arbitration method set forth by the ICANN (Internet Corporation for Assigned Names and Numbers) organization. The UDRP is used for most domain name disputes. It has the benefit of being less expensive than traditional litigation.
In order to start a domain name arbitration proceeding, a webmaster must go through a provider that has been approved by ICANN to handle such disputes. Once the arbitration begins, the provider will start by determining if the complainant has merit in their claim. They will do this by seeing whether the domain name in question is similar to a trademark or domain set forth by the claimant.
The provider will then establish what rights the claimant has to the title along with whether or not the domain was chosen accidentally or with the intention of taking advantage of the claimant's brand popularity. If the provider finds that the domain name was chosen in bad faith, the domain name will be transferred to the claimant. Otherwise, the original owner will be able to keep the disputed domain.
If either party is not satisfied with a domain name arbitration proceeding, they can challenge the findings in a regular courtroom. An example of this happened with Robert De Niro, when he tried to claim the rights to any domain containing the phrase 'Tribeca.' De Niro is still in court trying to retain the rights to Tribeca.net, which has been claimed by another person.
In conclusion, domain name arbitration is a convenient alternative to avoiding taking a domain dispute into a courtroom. There is the opportunity to go to court if either side feels an arbitration isn't fair. Yet, for most webmasters, the decisions made by the UDRP panel are good enough for them, since getting their consul is a lot cheaper than going to a judge.
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