All registrars in the .biz, .com, .info, .name, .net, and .org top-level domains follow the Uniform Domain-Name Dispute-Resolution Policy, which consists of a set of rules which help decide who ought to own a particular domain name (e.g. domainpredator.com) in the case of a dispute over ownership.

UDRP was drawn up to enable trademark holders to retrieve Internet domain names without having to go through a lengthy and expensive legal process. Under the policy, 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. Four organisations act as arbitrators to any resulting disputes, the World Intellectual Property Organisation (WIPO), the National Arbitration Forum (NAF) and the CPR Institute for Dispute Resolution (CPRADR).

In practice, three points need to be proved by a complainant against a respondent (the current owner of a domain name) for a domain to be handed over. These are:

* That the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
* The respondent has no rights or legitimate interests in respect of the domain name; and
* The domain name has been registered and is being used in bad faith by the respondent

Useful links about domain disputes >>

 

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