WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)
This Guide provides information on domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the process by which the WIPO Arbitration and Mediation Center (WIPO) administers UDRP cases.
While we cannot provide legal advice, specific questions that are not addressed here may be submitted to: domain.info@wipo.int.
While we cannot provide legal advice, specific questions that are not addressed here may be submitted to: domain.info@wipo.int.
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H. Role of WIPO |
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Topics
A. Scope of the UDRP
The UDRP is a legal framework for resolving disputes between domain name registrants and third party trademark owners over abusive registration and use of Internet domain names in gTLDs (e.g., .COM, .NET) and ccTLDs that have adopted the UDRP.
Created by WIPO and adopted by ICANN in 1999, the UDRP requires all accredited registrars to abide by its terms for domains under their jurisdiction. Any person registering a domain name in these domains must consent to the UDRP. ICANN adopted the UDRP Rules in October 1999, which outline the procedure, and WIPO the leading global service provider.
Created by WIPO and adopted by ICANN in 1999, the UDRP requires all accredited registrars to abide by its terms for domains under their jurisdiction. Any person registering a domain name in these domains must consent to the UDRP. ICANN adopted the UDRP Rules in October 1999, which outline the procedure, and WIPO the leading global service provider.
Any owner of a registered (or adequately pled unregistered) trademark anywhere in the world can submit a UDRP complaint concerning a domain name registered under a gTLD. The complaint must satisfy all the requirements of Paragraph 4(a) of the UDRP, as explained further below.
In case of a dispute involving a domain name registered in a ccTLD, the UDRP can also be used, provided that the concerned ccTLD registration authority adopted the UDRP. All of the ccTLDs that WIPO provides services for are listed on our webpage.
In case of a dispute involving a domain name registered in a ccTLD, the UDRP can also be used, provided that the concerned ccTLD registration authority adopted the UDRP. All of the ccTLDs that WIPO provides services for are listed on our webpage.
According to Paragraph 4(a) of the UDRP Policy, the UDRP is only available for disputes concerning an alleged abusive registration of a domain name, which meet the following criteria:
(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights;
(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
(iii) the domain name has been registered and is being used in bad faith
(i) the domain name registered by the domain name registrant is identical or confusingly similar to a trademark or service mark in which the complainant (the person or entity bringing the complaint) has rights;
(ii) the domain name registrant has no rights or legitimate interests in respect of the domain name in question; and
(iii) the domain name has been registered and is being used in bad faith
Paragraph 4(b) of the UDRP Policy sets out the following examples of circumstances that will be considered by a Panel to be evidence of the bad faith registration and use of a domain name:
(i) Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name; or
(ii) The domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or
(iii) The domain name was registered primarily for the purpose of disrupting the business of a competitor; or
(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant’s website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the registrant’s website or location or of a product or service on the registrant’s website or location.
The above examples are not exclusive and other circumstances may exist that demonstrate the registration and use of a domain name in bad faith.
(i) Circumstances indicating that the domain name was registered or acquired primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of the domain name registrant's out-of-pocket costs directly related to the domain name; or
(ii) The domain name was registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that the domain name registrant has engaged in a pattern of such conduct; or
(iii) The domain name was registered primarily for the purpose of disrupting the business of a competitor; or
(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant’s website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the registrant’s website or location or of a product or service on the registrant’s website or location.
The above examples are not exclusive and other circumstances may exist that demonstrate the registration and use of a domain name in bad faith.
The UDRP offers several advantages over litigation. It is much faster and more cost effective. The proceedings are based on a single round of pleadings, and the decision makers are experts in trademark law and domain name dispute resolution. The UDRP is international, allowing for the resolution of domain name disputes regardless of the Parties’ locations. Decision implementation is done directly by the registrar.
Yes. Paragraph 4(k) of the UDRP provides that a UDRP proceeding shall not prevent either the domain name registrant (Respondent) or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution.
It is possible for a party to start a lawsuit in court before a proceeding is commenced. A party can also commence a lawsuit after the proceeding is concluded if it is not satisfied with the outcome.
(Paragraph 18 of the UDRP Rules sets out what action a Panel may take if court proceedings are initiated prior to or during a UDRP proceeding.)
It is possible for a party to start a lawsuit in court before a proceeding is commenced. A party can also commence a lawsuit after the proceeding is concluded if it is not satisfied with the outcome.
(Paragraph 18 of the UDRP Rules sets out what action a Panel may take if court proceedings are initiated prior to or during a UDRP proceeding.)
Yes, provided that the domain name Registration Agreement covering the domain name in issue specifically incorporates the UDRP. For those ccTLDs, if the registrant is the same, a combined case involving domain names registered in any gTLDs may be filed to save on costs.
ccTLDs adopting the UDRP include .AG, .AI, .AS, .BM, .BS, .BZ, .CC, .CD, .CO, .CV, .CY, .DJ, .EC, .FJ, .FM, .GA, .GD, .GT, .KI, .LA, .LC, .MD, .ME, .MG, .MW, .NR, .NU, .PA, .PK, .PN, .PR, .PW, .RO, .SC, .SL, .SN, .SO, .TJ, .TT, .TV, .UG, .VE, .VG, and .WS.
ccTLDs which have adopted a variation of the UDRP include:
.AC, .AD, .AE (and امارات.), .AO, .AU, .BH (and البحرين.), .BO, .BR, .CH, .CN (and .中国), .CR, .DO, .EU (and .ею and .ευ), .ES, .FR, .GE, .HN, .HT, .IE, .IO, .IR, .LI, .LV, .MA, .MP, .MX, .NL, .PE, .PH, .PL, .PM, .PY, .QA (and قطر.), .RE, .RW, .SA (and السعودية.), .SE, .SH, .TM, .TF, .TZ, .UA, .WF and .YT.
ccTLDs adopting the UDRP include .AG, .AI, .AS, .BM, .BS, .BZ, .CC, .CD, .CO, .CV, .CY, .DJ, .EC, .FJ, .FM, .GA, .GD, .GT, .KI, .LA, .LC, .MD, .ME, .MG, .MW, .NR, .NU, .PA, .PK, .PN, .PR, .PW, .RO, .SC, .SL, .SN, .SO, .TJ, .TT, .TV, .UG, .VE, .VG, and .WS.
ccTLDs which have adopted a variation of the UDRP include:
.AC, .AD, .AE (and امارات.), .AO, .AU, .BH (and البحرين.), .BO, .BR, .CH, .CN (and .中国), .CR, .DO, .EU (and .ею and .ευ), .ES, .FR, .GE, .HN, .HT, .IE, .IO, .IR, .LI, .LV, .MA, .MP, .MX, .NL, .PE, .PH, .PL, .PM, .PY, .QA (and قطر.), .RE, .RW, .SA (and السعودية.), .SE, .SH, .TM, .TF, .TZ, .UA, .WF and .YT.
No. The UDRP is only available to resolve disputes between a trademark owner alleging an abusive registration of a domain name and the domain name registrant.
No. The UDRP is only available to resolve disputes brought or commenced by a trademark owner alleging an abusive registration of a domain name against a domain name registrant.
B. Overview of the UDRP
The five basic stages in a UDRP are:
(1) The filing of a Complaint with WIPO;
(2) The filing of a Response by the registrant;
(3) The appointment by WIPO of a Panel (of one or three persons) who will decide the dispute;
(4) The issuance of the Panel’s decision and the notification of all relevant parties; and
(5) The implementation of the decision by the registrar(s) concerned should there be a decision that the domain name(s) in question be cancelled or transferred.
A more detailed description of the UDRP is available (pdf).
(1) The filing of a Complaint with WIPO;
(2) The filing of a Response by the registrant;
(3) The appointment by WIPO of a Panel (of one or three persons) who will decide the dispute;
(4) The issuance of the Panel’s decision and the notification of all relevant parties; and
(5) The implementation of the decision by the registrar(s) concerned should there be a decision that the domain name(s) in question be cancelled or transferred.
A more detailed description of the UDRP is available (pdf).
If there are no procedural issues, the case normally should be completed within 2 months from the date WIPO receives the Complaint.
The fee for your case varies depending on the number of domain names involved in the dispute, and on whether you or the Respondent request a single member or a three-member panel. The domain name registrant (Respondent) is not required to pay any fees unless it requests a three-member panel.
For a case involving between 1 and 5 domain names decided by a single Panelist, the fee is USD 1,500.
You can find a more detailed fee breakdown at: https://www.wipo.int/en/web/amc/domain-name-disputes/fees/index.
WIPO will not take any action in your case without receipt of the required filing fee.
For a case involving between 1 and 5 domain names decided by a single Panelist, the fee is USD 1,500.
You can find a more detailed fee breakdown at: https://www.wipo.int/en/web/amc/domain-name-disputes/fees/index.
WIPO will not take any action in your case without receipt of the required filing fee.
Following the formal commencement of a proceeding, WIPO publishes on its website the domain name(s) in issue, the date of the formal commencement of the proceeding, and the status of the case. WIPO also publishes the decisions rendered under the UDRP on its website (in accordance with Paragraph 16 of the UDRP Rules).
Under Paragraph 11 of the UDRP Rules, the language of the proceeding is the same as the Registration Agreement, but the Panel has the discretion to choose a different language based on the circumstances e.g., the nationality of the Parties, the language of the Complaint and/or Response.
The Parties may also agree on a different language.
The Panel can also order Parties to provide translations of documents not in the proceeding language.
For more information, visit our [Q&A: Language of Proceedings and the UDRP] webpage.
The Parties may also agree on a different language.
The Panel can also order Parties to provide translations of documents not in the proceeding language.
For more information, visit our [Q&A: Language of Proceedings and the UDRP] webpage.
C. Preparing and Filing a Complaint
First download a Model Complaint and fill in the relevant sections of the Model Complaint.
Then submit the completed Model Complaint by email (domain.disputes@wipo.int) or through this Online Form.
Payment should be submitted at the same time as the submission of the Complaint. WIPO will not take any action without receipt of the required filing fee.
Complaints filed outside working hours or on holidays or weekends will be processed the next working day.
You will receive an acknowledgement of receipt once your case is registered, and the filing fee is received. The acknowledgement will include the WIPO Case No. assigned to your case.
For more information, please refer to the main steps to file a Complaint here: https://www.wipo.int/en/web/amc/domain-name-disputes/index
Then submit the completed Model Complaint by email (domain.disputes@wipo.int) or through this Online Form.
Payment should be submitted at the same time as the submission of the Complaint. WIPO will not take any action without receipt of the required filing fee.
Complaints filed outside working hours or on holidays or weekends will be processed the next working day.
You will receive an acknowledgement of receipt once your case is registered, and the filing fee is received. The acknowledgement will include the WIPO Case No. assigned to your case.
For more information, please refer to the main steps to file a Complaint here: https://www.wipo.int/en/web/amc/domain-name-disputes/index
While it is not necessary to use it, to assist parties with the formatting and structure of the pleadings, WIPO has prepared a Model Complaint.
(Each case must still pass a compliance review and succeed on the merits.)
(Each case must still pass a compliance review and succeed on the merits.)
While the assistance of a lawyer may be helpful, there is no requirement that the Complaint be prepared or submitted by a lawyer.
The information that must be included in the Complaint is described in Paragraph 3 of the UDRP Rules. These elements are outlined in the Model Complaint.
Yes, the Complaint may relate to more than one domain name, so long as the person or entity that is the registrant of the domain names specified in the Complaint is the same. (Paragraph 3(c) of the UDRP Rules)
For more information, you may wish to consult the WIPO Overview of WIPO Panel Views on Selected UDRP Questions (“WIPO Overview 3.1”), section 4.11.
For more information, you may wish to consult the WIPO Overview of WIPO Panel Views on Selected UDRP Questions (“WIPO Overview 3.1”), section 4.11.
No.
No. A copy of the Complaint should be sent only to WIPO at domain.disputes@wipo.int, and the concerned Registrar(s).
You can find out the Registrar for the domain name using ICANN’s Registration Data Lookup Tool.
Conduct a “WHOIS” search using ICANN’s RDRS tool or on the Registrar’s website.
For more information, visit our Q&A: domain name WHOIS data and the UDRP webpage.
For more information, visit our Q&A: domain name WHOIS data and the UDRP webpage.